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46 U.S.C. § 12152 — Denial or revocation of endorsement for non-payment of civil penalty
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.
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Source file: Laws/federal/codes/united-states-code/title-46/section-12152-denial-or-revocation-of-endorsement-for-non-payment-of-civil-penalty--91a2d319c2.md
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Source location: Title 46, Chapter 121, § 12152; chapter-121-documentation-of-vessels.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim), the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). The certificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible.
**(b) Temporary Certificates for Recreational Vessels.—** The Secretary may delegate, subject to the supervision and control of the Secretary and under terms prescribed by regulation, to private entities determined and certified by the Secretary to be qualified, the authority to issue a temporary certificate of documentation for a recreational vessel eligible under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). A temporary certificate issued under this subsection is valid for not more than 30 days.
**(c) Information To Be Included in Certificate.—** A certificate of documentation shall—
(1) identify and describe the vessel;
(2) identify the owner of the vessel; and
(3) contain additional information prescribed by the Secretary.
**(d) Procedures To Ensure Integrity and Accuracy.—** The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation.
**(e) Effective Period.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), a certificate of documentation issue
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12105
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12151
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Federal law — U.S. Code and appendices · legal_authorities
Page 222
TITLE 46—SHIPPING
§ 12152
submitted as required by section 12139(b) of
this title.
(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 sec-
tion 3 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1802))
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 rep-
resentation, about the eligibility of the vessel
under section 12113(c) or (d) of this title in ap-
plying for or applying to renew the fishery en-
dorsement.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508;
Pub. L. 112–213, title III, § 309, Dec. 20, 2012, 126
Stat. 1566.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12151(a) ......
46:12122(a).
12151(b) ......
46:12122(b).
46 App.:14 (last pro-
viso).
R.S. § 4136 (last proviso);
Feb. 24, 1915, ch. 57, 38
Stat. 812; Pub. L. 103–182,
title VI, § 686(a)(4), Dec. 8,
1993, 107 Stat. 2220.
46 App.:883a (2d, last
sentences).
July 14, 1956, ch. 600, § 2 (2d,
last sentences), 70 Stat.
544; Pub. L. 86–583, § 2,
July 5, 1960, 74 Stat. 321.
12151(c) ......
46:12122(c).
In subsection (b), in restating 46 App. U.S.C. 883a (2d,
last sentences), the penalty of $200 for the owner and
master of the vessel is omitted because subsection (a)
provides a general civil penalty for violation of this
chapter. The authority to remit or mitigate a penalty
under section 2107(b)
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12152
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