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CITE

    33 USC Sec. 1232                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

HEAD

    Sec. 1232. Enforcement provisions

STATUTE

    (a) Civil penalty
      (1) Any person who is found by the Secretary, after notice and an
    opportunity for a hearing, to have violated this chapter or a
    regulation issued hereunder 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 his 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.
      (2) The Secretary may compromise, modify, or remit, with or
    without conditions, any civil penalty which is subject to
    imposition or which has been imposed under this section.
      (3) 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.
    (b) Criminal penalty
      (1) Any person who willfully and knowingly violates this chapter
    or any regulation issued hereunder commits a class D felony.
      (2) Any person who, in the willfull (!1) and knowing violation of
    this chapter or of any regulation issued hereunder, 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 this chapter or the regulations issued
    hereunder, commits a class C felony.
    (c) In rem liability
      Any vessel subject to the provisions of this chapter, which is
    used in violation of this chapter, or any regulations issued
    hereunder, shall be liable in rem for any civil penalty assessed
    pursuant to subsection (a) of this section and may be proceeded
    against in the United States district court for any district in
    which such vessel may be found.
    (d) Injunction
      The United States district courts shall have jurisdiction to
    restrain violations of this chapter or of regulations issued
    hereunder, for cause shown.
    (e) Denial of entry
      Except as provided in section 1228 of this title, the Secretary
    may, subject to recognized principles of international law, deny
    entry into the navigable waters of the United States to any port or
    place under the jurisdiction of the United States or to any vessel
    not in compliance with the provisions of this chapter or the
    regulations issued hereunder.
    (f) Withholding of clearance
      (1) 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.
      (2) Clearance refused or revoked under this subsection may be
    granted upon filing of a bond or other surety satisfactory to the
    Secretary.

SOURCE

    (Pub. L. 92-340, Sec. 13, as added Pub. L. 95-474, Sec. 2, Oct. 17,
    1978, 92 Stat. 1478; amended Pub. L. 101-380, title IV, Sec.
    4302(j), Aug. 18, 1990, 104 Stat. 539; Pub. L. 104-324, title III,
    Sec. 312(b), Oct. 19, 1996, 110 Stat. 3920.)

CODIFICATION

      In subsec. (f)(1), "section 60105 of title 46" substituted for
    "section 4197 of the Revised Statutes of the United States (46 App.
    U.S.C. 91)" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6,
    2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46,
    Shipping.

AMENDMENTS

      1996 - Subsec. (f). Pub. L. 104-324 amended heading and text of
    subsec. (f) generally. Prior to amendment, text read as follows:
    "The Secretary of the Treasury shall withhold or revoke, at the
    request of the Secretary, the clearance, required by section 91 of
    title 46, Appendix, of any vessel, the owner or operator of which
    is subject to any of the penalties in this section. Clearance may
    be granted in such cases upon the filing of a bond or other surety
    satisfactory to the Secretary."
      1990 - Subsec. (b)(1). Pub. L. 101-380, Sec. 4302(j)(1),
    substituted "commits a class D felony" for "shall be fined not more
    than $50,000 for each violation or imprisoned for not more than
    five years, or both".
      Subsec. (b)(2). Pub. L. 101-380, Sec. 4302(j)(2), which directed
    the substitution of "commits a class C felony." for "shall, in lieu
    of the penalties prescribed in paragraph (1), be fined not more
    than $100,000, or imprisoned for not more than 10 years, or both.",
    was executed by making the substitution for "shall, in lieu of the
    penalties prescribed in paragraph (1), be fined not more than
    $100,000, or imprisoned for not more than ten years, or both."
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.

FOOTNOTE

    (!1) So in original. Probably should be "willful".
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