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46 U.S.C. § 6103 — Penalty

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6103 — Penalty

**(a)** An owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to report a casualty as required under [section 6101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6101&num=0&edition=prelim) or a regulation prescribed under section 6101 or 6102 is liable to the United States Government for a civil penalty of not more than $25,000. **(b)** A person failing to comply with [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6104&num=0&edition=prelim) or a regulation prescribed under that section is liable to the Government for a civil penalty of not more than $5,000.

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Stable record: federal_law:legal_authorities:record_usc_275e6046d9f8cbfa11161ad9
Source file: Laws/federal/codes/united-states-code/title-46/section-6103-penalty--4211359d41.md
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Source location: Title 46, Chapter 61, § 6103; chapter-061-reporting-marine-casualties.md

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**(a)** An owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to report a casualty as required under [section 6101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6101&num=0&edition=prelim) or a regulation prescribed under section 6101 or 6102 is liable to the United States Government for a civil penalty of not more than $25,000. **(b)** A person failing to comply with [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6104&num=0&edition=prelim) or a regulation prescribed under that section is liable to the Government for a civil penalty of not more than $5,000.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 2306 — Vessel reporting requirements

**(a)** (1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall— (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of [section 50113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section50113&num=0&edition=prelim) has received a communication from the vessel, the owner, charterer, managing operator, or agent immediately shall— (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall— (A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and (B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs. (4) An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs. **(b)** (1) The master of a vessel of the United States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 4

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6104 — Commercial fishing industry vessel casualty statistics

**(a)** The Secretary shall compile statistics concerning marine casualties from data compiled from insurers of fishing vessels, fish processing vessels, and fish tender vessels. **(b)** A person underwriting primary insurance for a fishing vessel, fish processing vessel, or fish tender vessel shall submit periodically to the Secretary data concerning marine casualties that is required by regulations prescribed by the Secretary. **(c)** After consulting with the insurance industry, the Secretary shall prescribe regulations under this section to gather a statistical base for analyzing vessel risks. **(d)** The Secretary may delegate to a qualified person that has knowledge and experience in the collection of statistical insurance data the authority of the Secretary under this section to compile statistics from insurers.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6101 — Marine casualties and reporting

**(a)** The Secretary shall prescribe regulations on the marine casualties to be reported and the manner of reporting. The regulations shall require reporting the following marine casualties: (1) death of an individual. (2) serious injury to an individual. (3) material loss of property. (4) material damage affecting the seaworthiness or efficiency of the vessel. (5) significant harm to the environment. **(b)** A marine casualty shall be reported within 5 days as provided in this part and regulations prescribed under this part. Each report filed under this section shall include information as to whether the use of alcohol contributed to the casualty. **(c) Notice to State and Tribal Governments.—** Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty. **(d)** (1) This part applies to a foreign vessel when involved in a marine casualty on the navigable waters of the United States. (2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a)(4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. **(e)** A marine casualty not resulting in the death of an individual shall be classified according to the gravity of the casualty, as prescribed by regulation, giving consideration to the extent of injuries to individuals, the extent of property damage, the dangers that the casualty creates, and the size, occupat

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 6103 — Penalty

Page 123 TITLE 46—SHIPPING § 6104 tion or proceeding against a person, the Sec- retary may use the information provided by the State only in the same way that the State may use the information. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–557, § 7(b)(2), Oct. 30, 1984, 98 Stat. 2862.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 6102 .............................................. 46:1486 Section 6102(a) requires the Secretary to prescribe regulations for a uniform State marine casualty report- ing system for vessels. The Secretary may limit the scope and types of casualties to be investigated and re- ported by the State. It also requires the State to sub- mit to the Secretary reports, information, and statis- tics on casualties reported to the State. Subsection (b) requires the Secretary to analyze the information that is received from the State. It also pro- hibits the Secretary from disclosing the information, proceeding against any person based on this informa- tion, or otherwise using the information, if the State cannot use the information in the same way. Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–557 inserted provisions relating to alcohol as a contributing factor to the cas- ualty. Statutory Notes and Related Subsidiaries PLAN TO INCREASE MARINE CASUALTY REPORTING Pub. L. 104–324, title III, § 314(a), Oct. 19, 1996, 110 Stat. 3922, provided that: ‘‘Not later than one year after en- actment of this Act [Oct. 19, 1996], the Secretary of Transportation shall, in consultation with appropriate State agencies, submit to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan

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