§12151 — Title 46 Shipping | U.S. Code

Summary

If someone breaks this chapter or a rule made under it, they must pay a fine to the U.S. government. For most violations the fine can be up to $15,000. For a violation of section 12111(d) or its rules, the fine is $25,000 or twice the vessel’s charter rate, whichever is larger, as the Secretary decides. Each day the violation continues counts as a separate offense. A vessel and its gear can be seized and forfeited if the owner or the owner’s agent intentionally lies about the vessel’s documentation, uses a fraudulent certificate, operates after an endorsement was denied or revoked, operates without the right endorsement (including using a recreational-only endorsement for non-pleasure), puts a non-U.S. citizen in command without permission, or fails to report rebuilding done outside the United States. Owners of vessels with a fishery endorsement who intentionally lied about eligibility when applying or renewing can be fined up to $100,000 for each day the vessel fishes in the exclusive economic zone.

Title 46, §12151

Shipping — Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.

(2)A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.

(b)A vessel and its equipment are liable to seizure by and forfeiture to the Government if—

(1)the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;

(2)a certificate of documentation is knowingly and fraudulently used for the vessel;

(3)the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title;

(4)the vessel is employed in a trade without an appropriate endorsement;

(5)the vessel has only a recreational endorsement and is operated other than for pleasure;

(6)the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by section 12131(b) of this title; or

(7)the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as required by section 12139(b) of this title.

(c)In addition to other penalties under this section, the owner of a documented vessel for which a fishery endorsement has been issued is liable to the Government for a civil penalty of not more than $100,000 for each day the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12151(a)46:12122(a). 12151(b)46:12122(b). 46 App.:14 (last proviso).R.S. § 4136 (last proviso); Feb. 24, 1915, ch. 57, 38 Stat. 812; Pub. L. 103–182, title VI, § 686(a)(4), Dec. 8, 1993, 107 Stat. 2220. 46 App.:883a (2d, last sentences).July 14, 1956, ch. 600, § 2 (2d, last sentences), 70 Stat. 544; Pub. L. 86–583, § 2, July 5, 1960, 74 Stat. 321. 12151(c)46:12122(c). In subsection (b), in restating 46 App. U.S.C. 883a (2d, last sentences), the penalty of $200 for the owner and master of the vessel is omitted because subsection (a) provides a general civil penalty for violation of this chapter. The authority to remit or mitigate a penalty under section 2107(b) is omitted because section 2107(b) applies to subtitle II and this section is in subtitle II.

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), a person that violates” for “A person that violates” and “$15,000” for “$10,000”, and added par. (2).

§12151 Penalties