Title 46ShippingRelease 119-73

§70052 Seizure and forfeiture of vessel; fine and imprisonment

Title 46 › Subtitle Subtitle VII— - Security and Drug Enforcement › Chapter CHAPTER 700— - PORTS AND WATERWAYS SAFETY › Subchapter SUBCHAPTER VI— - REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED STATES › § 70052

Last updated Apr 6, 2026|Official source

Summary

Vessels and people can be seized and punished if they break or block rules under this part. If an owner, agent, captain, officer, person in charge, or crew member fails to follow rules or interferes with enforcement, the vessel and its tackle, apparel, furniture, and equipment can be taken by the United States like goods seized under customs laws. The person at fault can be jailed for up to 10 years and may be fined up to $10,000. Any other person who knowingly disobeys or obstructs can also face up to 10 years in prison and a possible $10,000 fine. People who violate the rules can also be fined up to $25,000 for each violation, and each day of a continuing violation counts as a separate offense. A vessel used in a violation can be held responsible and sued in U.S. district court where it is found. If an owner, agent, captain, officer, or person in charge is liable or likely to be liable for a penalty, the Secretary overseeing the Coast Guard can refuse or cancel the vessel’s clearance under section 60105 and can require a bond or other security before allowing clearance.

Full Legal Text

Title 46, §70052

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(a)If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this subchapter, or obstructs or interferes with the exercise of any power conferred by this subchapter, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.
(b)If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this subchapter, or knowingly obstructs or interferes with the exercise of any power conferred by this subchapter, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.
(c)A person violating this subchapter, or a regulation prescribed under this subchapter, shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(d)Any vessel that is used in violation of this subchapter, or of any regulation issued under this subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found.
(e)(1)If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary of the department in which the Coast Guard is operating may, with respect to such vessel, refuse or revoke any clearance required by section 60105.
(2)The Secretary of the department in which the Coast Guard is operating may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section, as added by Pub. L. 115–282, is based on acts June 15, 1917, ch. 30, title II, § 2, 40 Stat. 220; Mar. 28, 1940, ch. 72, § 3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, § 3, 55 Stat. 763; Aug. 9, 1950, ch. 656, § 3, 64 Stat. 428; Pub. L. 107–295, title I, § 104(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title VIII, § 802(b), Aug. 9, 2004, 118 Stat. 1079; Pub. L. 115–282, title IV, § 407(c)(1), (2), Dec. 4, 2018, 132 Stat. 4267, which was formerly classified to section 192 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.

Amendments

2025—Subsec. (e)(1). Pub. L. 119–60 substituted “section 60105” for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”. 2021—Subsec. (e). Pub. L. 116–283 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary” in pars. (1) and (2).

Reference

Citations & Metadata

Citation

46 U.S.C. § 70052

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73