33 U.S.C. § 2072 : US Code - Section 2072: Violations of Inland Navigational Rules

Search 33 U.S.C. § 2072 : US Code - Section 2072: Violations of Inland Navigational Rules

(a) Liability of operator for civil penalty
Whoever operates a vessel in violation of this chapter, or of any
regulation issued thereunder, or in violation of a certificate of
alternative compliance issued under Rule 1 is liable to a civil
penalty of not more than $5,000 for each violation.
(b) Liability of vessel for civil penalty; seizure of vessel
Every vessel subject to this chapter, other than a public vessel
being used for noncommercial purposes, that is operated in
violation of this chapter, or of any regulation issued thereunder,
or in violation of a certificate of alternative compliance issued
under Rule 1 is liable to a civil penalty of not more than $5,000
for each 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 the vessel may be found.
(c) Assessment of civil penalty by Secretary; collection
The Secretary 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.
(d) Withholding of clearance
(1) If any owner, operator, or individual in charge of a vessel
is liable for a penalty under this section, or if reasonable cause
exists to believe that the owner, operator, or individual in charge
may be subject to a penalty 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 or a permit refused or revoked under this
subsection may be granted upon filing of a bond or other surety
satisfactory to the Secretary.