PRIA, Government Policy, Made Personal

Summary

Violating the chapter or its rules can bring criminal punishment: up to $5,000 fine, up to one year in jail, or both; civil penalties up to $1,000, with vessel liability if involved. For civil penalties up to $200, the Secretary may refer collection to a magistrate judge with district court supervision under section 636(b) of title 28.

Title 46, §12309

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(a)A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.

(b)A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.

(c)When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 12309(a)46:1483 12309(b)46:1484(b) 12309(c)46:1484(d) section 12309 provides for civil and criminal penalties for violation of the vessel numbering provisions in this title.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§12309 Penalties