46 U.S.C. § 12309 — Penalties
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 150 words · no verdicts yet
Willfully violating this chapter can bring a $5,000 fine, a year in prison, or both. Any violation also brings a civil penalty up to $1,000, and the boat can be held liable. Small penalties under $200 can go straight to a magistrate judge for collection.
(a) Anyone who willfully violates this chapter or a regulation made under it can be fined up to $5,000, imprisoned for up to one year, or both.
(b) Anyone who violates this chapter or its regulations owes the federal government a civil penalty of up to $1,000. If the violation involves operating a vessel*, the vessel itself can also be held liable (in rem) for that penalty.
(c) When a civil penalty of $200 or less has been assessed, the Secretary can send the collection matter directly to the U.S. magistrate judge where the liable person can be found, for collection under the district court's supervision, under an order delegating that authority under section 636(b) of title 28.
A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel*, the vessel also is liable in rem for the penalty.
When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 592
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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