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§ 1232. —  Enforcement provisions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC1232]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
             CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
 
Sec. 1232. Enforcement provisions


(a) Civil penalty

    (1) Any person who is found by the Secretary, after notice and an 
opportunity for a hearing, to have violated this chapter or a regulation 
issued hereunder shall be liable to the United States for a civil 
penalty, not to exceed $25,000 for each violation. Each day of a 
continuing violation shall constitute a separate violation. The amount 
of such civil penalty shall be assessed by the Secretary, or his 
designee, by written notice. In determining the amount of such penalty, 
the Secretary 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, 
ability to pay, and such other matters as justice may require.
    (2) The Secretary may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or which 
has been imposed under this section.
    (3) If any person fails to pay an assessment of a civil penalty 
after it has become final, the Secretary may refer the matter to the 
Attorney General of the United States, for collection in any appropriate 
district court of the United States.

(b) Criminal penalty

    (1) Any person who willfully and knowingly violates this chapter or 
any regulation issued hereunder commits a class D felony.
    (2) Any person who, in the willfull \1\ and knowing violation of 
this chapter or of any regulation issued hereunder, uses a dangerous 
weapon, or engages in conduct that causes bodily injury or fear of 
imminent bodily injury to any officer authorized to enforce the 
provisions of this chapter or the regulations issued hereunder, commits 
a class C felony.
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    \1\ So in original. Probably should be ``willful''.
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(c) In rem liability

    Any vessel subject to the provisions of this chapter, which is used 
in violation of this chapter, or any regulations issued hereunder, shall 
be liable in rem for any civil penalty assessed pursuant to subsection 
(a) of this section and may be proceeded against in the United States 
district court for any district in which such vessel may be found.

(d) Injunction

    The United States district courts shall have jurisdiction to 
restrain violations of this chapter or of regulations issued hereunder, 
for cause shown.

(e) Denial of entry

    Except as provided in section 1228 of this title, the Secretary may, 
subject to recognized principles of international law, deny entry into 
the navigable waters of the United States to any port or place under the 
jurisdiction of the United States or to any vessel not in compliance 
with the provisions of this chapter or the regulations issued hereunder.

(f) Withholding of clearance

    (1) If any owner, operator, or individual in charge of a vessel is 
liable for a penalty or fine under this section, or if reasonable cause 
exists to believe that the owner, operator, or individual in charge may 
be subject to a penalty or fine under this section, the Secretary of the 
Treasury, upon the request of the Secretary, shall with respect to such 
vessel refuse or revoke any clearance required by section 91 of title 
46, Appendix.
    (2) Clearance refused or revoked under this subsection may be 
granted upon filing of a bond or other surety satisfactory to the 
Secretary.

(Pub. L. 92-340, Sec. 13, as added Pub. L. 95-474, Sec. 2, Oct. 17, 
1978, 92 Stat. 1478; amended Pub. L. 101-380, title IV, Sec. 4302(j), 
Aug. 18, 1990, 104 Stat. 539; Pub. L. 104-324, title III, Sec. 312(b), 
Oct. 19, 1996, 110 Stat. 3920.)


                               Amendments

    1996--Subsec. (f). Pub. L. 104-324 amended heading and text of 
subsec. (f) generally. Prior to amendment, text read as follows: ``The 
Secretary of the Treasury shall withhold or revoke, at the request of 
the Secretary, the clearance, required by section 91 of title 46, 
Appendix, of any vessel, the owner or operator of which is subject to 
any of the penalties in this section. Clearance may be granted in such 
cases upon the filing of a bond or other surety satisfactory to the 
Secretary.''
    1990--Subsec. (b)(1). Pub. L. 101-380, Sec. 4302(j)(1), substituted 
``commits a class D felony'' for ``shall be fined not more than $50,000 
for each violation or imprisoned for not more than five years, or 
both''.
    Subsec. (b)(2). Pub. L. 101-380, Sec. 4302(j)(2), which directed the 
substitution of ``commits a class C felony.'' for ``shall, in lieu of 
the penalties prescribed in paragraph (1), be fined not more than 
$100,000, or imprisoned for not more than 10 years, or both.'', was 
executed by making the substitution for ``shall, in lieu of the 
penalties prescribed in paragraph (1), be fined not more than $100,000, 
or imprisoned for not more than ten years, or both.''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-380 applicable to incidents occurring after 
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an 
Effective Date note under section 2701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1911 of this title; title 14 
section 91.



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