§ 1608. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1608]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30--INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA
Sec. 1608. Civil penalties
(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.
(Pub. L. 95-75, Sec. 9, July 27, 1977, 91 Stat. 310; Pub. L. 96-591,
Sec. 6(3), (4), Dec. 24, 1980, 94 Stat. 3435.)
Amendments
1980--Subsec. (a). Pub. L. 96-591, Sec. 6(3), substituted ``$5,000''
for ``$500''.
Subsec. (b). Pub. L. 96-591, Sec. 6(4), substituted ``not more than
$5,000'' for ``$500''.
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 sections 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.
