33 U.S.C. § 1608: Civil penalties

Summary

Operators and vessels covered by this law must follow it and any rules made under section 1607. If an operator breaks the law, they can be fined up to $5,000 for each violation. A vessel (except a public vessel used for noncommercial purposes) can also be fined up to $5,000 per violation and may be seized and taken to a U.S. district court where it is found. The Secretary of the department that runs the Coast Guard can assess these fines. Before a fine is imposed, the person or vessel owner must get notice and a chance for a hearing. The Secretary may reduce, cancel, or settle a fine for good cause. If the fine is not paid, the Secretary can ask the Attorney General to sue in federal court to collect it and seek other proper relief.

Title 33, §1608

Navigation and Navigable Waters, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (a). Pub. L. 96–591, § 6(3), substituted “$5,000” for “$500”. Subsec. (b). Pub. L. 96–591, § 6(4), substituted “not more than $5,000” for “$500”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1608 Civil Penalties