33 U.S.C. § 1232 : US Code - Section 1232: Enforcement provisions

Search 33 U.S.C. § 1232 : US Code - Section 1232: Enforcement provisions

(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 91 of title 46, Appendix.
(2) Clearance refused or revoked under this subsection may be
granted upon filing of a bond or other surety satisfactory to the
Secretary.