46 U.S.C. § 70508 — Operation of submersible vessel or semi-submersible vessel without nationality

(a) In General. A person may not operate, by any means, or ride in, any submersible or semi-submersible vessel that has no nationality and that is traveling — or has traveled — into, through, or from waters beyond a country's territorial sea limit (or a lateral limit shared with a neighboring country), if the person intends to evade detection. (b) Evidence of Intent To Evade Detection. In a civil case over a violation of subsection (a), the presence of any of the signs described in section 70507(b), paragraph (1)(A), (E), (F), or (G), or paragraph (4), (5), or (6), may count — considering everything together — as prima facie evidence of intent to evade detection. (c) Defenses. (1) In general. It is a defense in a civil case for violating subsection (a) that the submersible or semi-submersible vessel was, at the time, (A) a U.S. vessel, or lawfully registered in a foreign nation as the master or person in charge claimed when a U.S. enforcement officer asked; (B) classed and designed under the rules of a classification society; (C) lawfully operating in a government-regulated or licensed activity, including commerce, research, or exploration; or (D) equipped with, and using, a working automatic identification system, vessel monitoring system, or long-range identification and tracking system. (2) Production of documents. These defenses are proven conclusively by producing (A) government documents showing the vessel's nationality at the time of the offense, as described in article 5 of the 1958 Convention on the High Seas; (B) a valid certificate of classification issued by the vessel's classification society after finishing the relevant surveys; or (C) government documents showing licensing, regulation, or registration for research or exploration. (d) Civil Penalty. A person who violates this section owes the United States a civil penalty of up to $1,000,000.