33 U.S.C. § 3852: Civil enforcement

Summary

Allows the Secretary or the Administrator to fine anyone who breaks the Convention, this chapter, or rules made under it, or who makes a false statement when required to tell the Secretary something. The normal fine can be up to $37,500 for each violation. A false or fraudulent statement can bring a fine up to $50,000 for each statement. If the violation involves a recreational boat (as defined in 46 U.S.C. 2101), the fine for each violation cannot be more than $5,000. The agency must give a written notice to set the fine. Each day a violation continues counts as a separate violation. When deciding how much to fine, the agency will look at the act, how bad it was, the offender’s fault and past record, the financial effects, any gain to the offender, and other fair factors. Up to half of a fine may be paid to someone who gave information that led to the fine, if money is available. If a person does not pay a final fine or follow an order, the agency can send the case to the U.S. Attorney General to collect. Before doing that, the agency may settle, change, or cancel the fine. Late payment adds interest at 11% per year compounded quarterly, lawyer fees and collection costs, and a quarterly nonpayment penalty equal to 20% of the total unpaid penalties and nonpayment penalties at the start of that quarter. This does not limit government authority under 18 U.S.C. 1001.

Title 33, §3852

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Civil penalty

(1)In general

Any person who is found by the Secretary or the Administrator, as appropriate, after notice and an opportunity for a hearing, to have—

(A)violated the Convention, this chapter, or any regulation prescribed under this chapter, is liable to the United States Government for a civil penalty of not more than $37,500 for each violation; or

(B)made a false, fictitious, or fraudulent statement or representation in any matter in which a statement or representation is required to be made to the Secretary under the Convention, this chapter, or any regulations prescribed under this chapter, is liable to the United States for a civil penalty of not more than $50,000 for each such statement or representation.

(2)Relationship to other law

This subsection shall not limit or affect the authority of the Government under section 1001 of title 18.

(b)Assessment of penalty

The amount of the civil penalty shall be assessed by the Secretary or Administrator, as appropriate, by written notice.

(c)Limitation for recreational vessel

A civil penalty imposed under subsection (a) against the owner or operator of a recreational vessel, as that term is defined in section 2101 of title 46, for a violation of the Convention, this chapter, or any regulation prescribed under this chapter involving that recreational vessel, may not exceed $5,000 for each violation.

(d)Determination of penalty

For purposes of penalties under this section, each day of a continuing violation constitutes a separate violation. In determining the amount of the penalty, the Secretary or Administrator shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, the economic impact of the penalty on the violator, the economic benefit to the violator and other matters as justice may require.

(e)Reward

An amount equal to not more than one-half of any civil penalty assessed by the Secretary or Administrator under this section may, subject to the availability of appropriations, be paid by the Secretary or Administrator, respectively, to any person who provided information that led to the assessment or imposition of the penalty.

(f)Referral to Attorney General

If any person fails to pay a civil penalty assessed under this section after it has become final, or comply with an order issued under this chapter, the Secretary or Administrator, as appropriate, may refer the matter to the Attorney General of the United States for collection in any appropriate district court of the United States.

(g)Compromise, modification, or remission

Before referring any civil penalty that is subject to assessment or has been assessed under this section to the Attorney General, the Secretary, or Administrator, as appropriate, may compromise, modify, or remit, with or without conditions, the civil penalty.

(h)Nonpayment penalty

Any person who fails to pay on a timely basis a civil penalty assessed under this section shall also be liable to the United States for interest on the penalty at an annual rate equal to 11 percent compounded quarterly, attorney fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. That nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of that person’s penalties and nonpayment penalties that are unpaid as of the beginning of that quarter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (c), and (f), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.

§3852 Civil Enforcement

Summary

Title 33, §3852

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata