33 U.S.C. § 1608 : US Code - Section 1608: Civil penalties
Search 33 U.S.C. § 1608 : US Code - Section 1608: Civil penalties
(a) Liability of vessel operator for violations
Whoever operates a vessel, subject to the provisions of this
chapter, in violation of this chapter or of any regulation
promulgated pursuant to section 1607 of this title, shall be liable
to a civil penalty of not more than $5,000 for each such violation.
(b) Liability of vessel for violations; seizure of vessel
Every vessel subject to the provisions of this chapter, other
than a public vessel being used for noncommercial purposes, which
is operated in violation of this chapter or of any regulation
promulgated pursuant to section 1607 of this title, shall be liable
to a civil penalty of not more than $5,000 for each such violation,
for which penalty the vessel may be seized and proceeded against in
the district court of the United States of any district within
which such vessel may be found.
(c) Assessment of penalties; notice; opportunity for hearing;
remission, mitigation, and compromise of penalty; action for
collection
The Secretary of the department in which the Coast Guard is
operating may assess any civil penalty authorized by this section.
No such penalty may be assessed until the person charged, or the
owner of the vessel charged, as appropriate, shall have been given
notice of the violation involved and an opportunity for a hearing.
For good cause shown, the Secretary may remit, mitigate, or
compromise any penalty assessed. Upon the failure of the person
charged, or the owner of the vessel charged, to pay an assessed
penalty, as it may have been mitigated or compromised, the
Secretary may request the Attorney General to commence an action in
the appropriate district court of the United States for collection
of the penalty as assessed, without regard to the amount involved,
together with such other relief as may be appropriate.
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