§70036 Enforcement

Summary

If the Secretary finds after notice and a hearing that someone broke subchapters I through III or this subchapter, or the rules under them, that person can be fined up to $25,000 for each violation. Each day the violation continues counts as a separate fine. The Secretary will send a written notice of the fine and will decide the amount by looking at what happened, how serious it was, the person’s fault, past offenses, ability to pay, and other fairness factors. The Secretary can reduce, change, or cancel a fine. If a final fine is not paid, the Secretary can send the case to the U.S. Attorney General to collect in federal court. Knowingly breaking these rules is a class D felony. If someone knowingly breaks the rules and uses a weapon or causes injury or fear of injury to an enforcing officer, it is a class C felony. A vessel used in a violation can be held responsible for the fine and sued in the federal court where the vessel is found. Federal courts can also order people to stop violating the rules. Except for sections 70021 and 70022, and following international law, the Secretary may bar a noncompliant vessel from entering U.S. waters or any U.S. port. If an owner, operator, or person in charge may owe a fine, the Secretary of the Treasury, at the Secretary’s request, must refuse or revoke the vessel’s clearance under section 60105 of title 46. Clearance can be returned if a satisfactory bond or other surety is filed.