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46 U.S.C. § 12151 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Civil penalties.—** — Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.
(2) **Activities involving mobile offshore drilling units.—** — A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.
**(b) Seizure and Forfeiture of Vessels.—** A vessel and its equipment are liable to seizure by and forfeiture to the Government if—
(1) the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;
(2) a certificate of documentation is knowingly and fraudulently used for the vessel;
(3) the vessel is operated after its endorsement has been denied or revoked under [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim);
(4) the vessel is employed in a trade without an appropriate endorsement;
(5) the vessel has only a recreational endorsement and is operated other than for pleasure;
(6) the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by [section 12131(b) of this title](https://usco
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Source file: Laws/federal/codes/united-states-code/title-46/section-12151-penalties--d9a06df406.md
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Source location: Title 46, Chapter 121, § 12151; chapter-121-documentation-of-vessels.md
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**(a) In General.—**
(1) **Civil penalties.—** — Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.
(2) **Activities involving mobile offshore drilling units.—** — A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.
**(b) Seizure and Forfeiture of Vessels.—** A vessel and its equipment are liable to seizure by and forfeiture to the Government if—
(1) the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;
(2) a certificate of documentation is knowingly and fraudulently used for the vessel;
(3) the vessel is operated after its endorsement has been denied or revoked under [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim);
(4) the vessel is employed in a trade without an appropriate endorsement;
(5) the vessel has only a recreational endorsement and is operated other than for pleasure;
(6) the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by [section 12131(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12131/b&num=0&edition=prelim); or
(7) the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as required by [section 12139(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12139/b&num=0&edition=prelim).
**(c) Engaging in Fishing After Falsifying Eligibility.—** In addition to other penalties under this section, the owner of a documented vessel for which a fishery endorsement has been issued is liable to the Government for a civil penalty of not more than $100,000 for each day the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim))) within the exclusive economic zone, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.
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Federal law — U.S. Code and appendices · legal_authorities
If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12152
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless the context otherwise requires—
(1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
(2) The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing.
(4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
(5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that—
(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with respect to future uses of these resources.
(6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Eligible vessel.—** — The term “eligible vessel” means a vessel that—
(A) was built in the United States;
(B) was not built in the United States and is at least 3 years old; or
(C) if rebuilt, was rebuilt—
(i) in the United States; or
(ii) outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.
(2) **Small passenger vessel; uninspected passenger vessel; passenger for hire.—** — The terms “small passenger vessel”, “uninspected passenger vessel”, and “passenger for hire” have the meaning given those terms in [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim).
**(b) Issuance of Certificate and Endorsement.—** Notwithstanding sections 12112, 12113, 12132, 55102, and 55103 of this title, the Secretary may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade as a small passenger vessel or an uninspected passenger vessel in the case of an eligible vessel authorized to carry no more than 12 passengers for hire if the Secretary of Transportation, after notice and an opportunity for public comment, determines that the employment of the vessel in the coastwise trade will not adversely affect—
(1) United States vessel builders; or
(2) the coastwise trade business of any person that employs vessels built in the United States in that business.
**(c) Revocation.—**
(1) **For fraud.—** — The Secretary shall revoke a certificate or endorsement issued under subsection (b) if the Secretary of Transportation, after notice and an opportunity for a hearing, determines that the certificate or endorsement was obtained by fraud.
(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12121
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Federal law — U.S. Code and appendices · legal_authorities
Page 1999
TITLE 16—CONSERVATION
§ 1802
(b) In addition to the Co-Chairs, the Seafood Trade
Task Force shall include the following members, or
their designees:
(i) the Secretary of State;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Homeland Security;
(v) the Director of the Office of Management and
Budget;
(vi) the Assistant to the President for Economic Pol-
icy;
(vii) the Assistant to the President for Domestic Pol-
icy;
(viii) the Chairman of the Council of Economic Advis-
ers;
(ix) the Under Secretary of Commerce for Inter-
national Trade;
(x) the Commissioner of Food and Drugs;
(xi) the Administrator of NOAA; and
(xii) the heads of such other agencies and offices as
the Co-Chairs may designate.
(c) Within 90 days of the date of this order, the Sea-
food Trade Task Force shall provide recommendations
to the Office of the United States Trade Representative
in the preparation of a comprehensive interagency sea-
food trade strategy that identifies opportunities to im-
prove access to foreign markets through trade policy
and negotiations, resolves technical barriers to United
States seafood exports, and otherwise supports fair
market access for United States seafood products.
(d) Within 90 days of the date on which the Seafood
Trade Task Force provides the recommendations de-
scribed in subsection (c) of this section, the Office of
the United States Trade Representative, in consulta-
tion with the Trade Policy Staff Committee and the
Seafood Trade Task Force, shall submit to the Presi-
dent, through the Assistant to the President for Eco-
nomic Policy and the Assistant to the President for Do-
mestic Policy, the comprehensive interagency seafood
trade strategy described in subsection (c) of this
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1802
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Federal law — U.S. Code and appendices · legal_authorities
Page 221
TITLE 46—SHIPPING
§ 12151
by the Secretary under section 14104 of this
title.
(3) TIMING OF SUBMISSION.—If the rebuilding
is completed in the United States, the report
shall be submitted when the rebuilding is com-
pleted. If the rebuilding is completed outside
the United States, the report shall be sub-
mitted when the vessel first arrives at a port
in the customs territory of the United States.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1507;
Pub. L. 109–241, title III, § 308, July 11, 2006, 120
Stat. 528; Pub. L. 110–181, div. C, title XXXV,
§ 3525(a)(2), (b), Jan. 28, 2008, 122 Stat. 600, 601.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12139(a) ......
46:12120.
12139(b) ......
46 App.:883a (1st
sentence).
July 14, 1956, ch. 600, § 2 (1st
sentence), 70 Stat. 544;
Pub. L. 86–583, § 2, July 5,
1960, 74 Stat. 321; Pub. L.
104–324, title VII, § 707,
Oct. 19, 1996, 110 Stat. 3934.
In subsection (b)(1), the word ‘‘Secretary’’ is sub-
stituted for ‘‘Secretary of the Treasury’’, thereby in-
corporating the definition of ‘‘Secretary’’ in section
2101 of title 46. The functions of the Secretary of the
Treasury relating to the Coast Guard previously were
transferred to the Secretary of Transportation by sec-
tion 6(b) of the Department of Transportation Act
(Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938). The Coast
Guard and the functions of the Secretary of Transpor-
tation relating to the Coast Guard were again trans-
ferred to the Department of Homeland Security by sec-
tion 888(b) of the Homeland Security Act of 2002 (Pub.
L. 107–296, Nov. 25, 2002, 116 Stat. 2135). The words ‘‘re-
built outside the United States’’ are substituted for
‘‘and any part of the rebuilding, including the con
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12151
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.