46 U.S.C. § 70052 — Seizure and forfeiture of vessel; fine and imprisonment
submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 431 words · no verdicts yet
A vessel involved in violating this subchapter or obstructing its enforcement is subject to seizure and forfeiture, and responsible people must face imprisonment and may face fines. The section also provides for civil penalties, in-rem vessel liability, and possible withholding or revocation of clearance.
(a) In General. If an owner, agent, master, officer, person in charge, or crew member of such a vessel* fails to comply with a regulation, rule, or order issued or given under this subchapter, or obstructs or interferes with the exercise of a power granted by this subchapter, the vessel, together with its tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States* in the same way that merchandise is forfeited for violating the customs revenue laws. The person responsible for the failure, obstruction, or interference shall be punished by imprisonment for not more than 10 years and may, if the court chooses, be fined not more than $10,000.
(b) Application to Others. If any other person knowingly fails to comply with a regulation, rule, or order issued or given under this subchapter, or knowingly obstructs or interferes with the exercise of a power granted by this subchapter, that person shall be punished by imprisonment for not more than 10 years and may, if the court chooses, be fined not more than $10,000.
(c) Civil Penalty. A person violating this subchapter or a regulation prescribed under it shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation is a separate violation.
(d) In Rem Liability. Any vessel used in violation of this subchapter or a regulation issued under it shall be liable in rem for any civil penalty assessed under subsection (c). A proceeding may be brought against the vessel in the United States district court for any district where the vessel may be found.
(e) Withholding of Clearance. (1) In General. If an owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that such person may be subject to a penalty or fine under this section, the Secretary of the department in which the Coast Guard operates may, for that vessel, refuse or revoke any clearance required by section 60105. (2) Clearance upon Filing of Bond or Other Surety. The Secretary may require the filing of a bond or other surety as a condition of granting clearance that was refused or revoked under this subsection.
If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel* fails to comply with any regulation or rule issued or order given under the provisions of this subchapter, or obstructs or interferes with the exercise of any power conferred by this subchapter, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States* in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.
If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this subchapter, or knowingly obstructs or interferes with the exercise of any power conferred by this subchapter, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.
A person violating this subchapter, or a regulation prescribed under this subchapter, shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
Any vessel that is used in violation of this subchapter, or of any regulation issued under this subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found.
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary of the department in which the Coast Guard is operating may, with respect to such vessel, refuse or revoke any clearance required by section 60105.
The Secretary of the department in which the Coast Guard is operating may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.
Source credit: (Added Pub. L. 115–282, title IV, § 407(c)(3), Dec. 4, 2018, 132 Stat. 4267; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(11), Jan. 1, 2021, 134 Stat. 4754; Pub. L. 119–60, div. G, title LXXVII, § 7701(f)(7), Dec. 18, 2025, 139 Stat. 1836.)
- 2018Enacted · Pub. L. 115-282 · 132 Stat. 4267
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4754
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1836
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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