46 U.S.C. § 70036 — Enforcement
submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 608 words · no verdicts yet
Violations can bring civil penalties, criminal felonies, vessel liability, injunctions, denial of entry, and withheld clearance.
(a)(1) After notice and a hearing opportunity, a person found to violate subchapters I–III, this subchapter, or their regulations owes the United States up to $25,000 per violation; each continuing day is separate. The Secretary or designee assesses it by written notice and considers the act’s nature, circumstances, extent, and seriousness, the person’s fault, prior offenses, ability to pay, and other justice-related matters. (2) The Secretary may compromise, change, or forgive a penalty, with or without conditions. (3) A final unpaid penalty may be sent to the Attorney General for collection in an appropriate district court. (b)(1) A willful and knowing violation is a class D felony. (2) Willfully and knowingly using a dangerous weapon or causing bodily injury or fear of imminent bodily injury to an enforcing officer is a class C felony. (c) A vessel* used in violation is liable in rem for the civil penalty and may be proceeded against where found. (d) United States district courts may restrain violations for cause shown. (e) Subject to international law and sections 70021–70022, the Secretary may deny a noncompliant vessel entry into United States navigable waters or a United States port or place. (f)(1) If an owner, operator, or person in charge owes or may owe a penalty or fine, the Treasury Secretary, at the Secretary’s request, must refuse or revoke the vessel’s clearance under section 60105. (2) Clearance may be granted after a satisfactory bond or other surety is filed.
Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters I through III or this subchapter or a regulation issued under subchapters I through III or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.
The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.
If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.
Any person who willfully and knowingly violates subchapters I through III or this subchapter or any regulation issued thereunder commits a class D felony.
Any person who, in the willful and knowing violation of subchapters I through III or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony.
Any vessel* that is used in violation of subchapters I, II, or III or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.
The United States district courts shall have jurisdiction to restrain violations of subchapter I, II, or III or this subchapter or of regulations issued under such subchapter, for cause shown.
Except as provided in section 70021 or 70022, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter I, II, or III or this subchapter or the regulations issued under such subchapter—
into the navigable waters of the United States; or
to any port or place under the jurisdiction of the United States.
If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
Source credit: (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4262; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §§ 8507(a)(9), 8508(2)(B), Jan. 1, 2021, 134 Stat. 4753, 4755.)
- 2018Enacted · Pub. L. 115-282 · 132 Stat. 4262
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4753, 4755
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.
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