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46 U.S.C. § 30706 — Defenses
Federal law — U.S. Code and appendices · legal_authorities
**(a) Due Diligence.—** If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.
**(b) Other Defenses.—** A carrier and the vessel are not liable for loss or damage arising from—
(1) dangers of the sea or other navigable waters;
(2) acts of God;
(3) public enemies;
(4) seizure under legal process;
(5) inherent defect, quality, or vice of the goods;
(6) insufficiency of package;
(7) act or omission of the shipper or owner of the goods or their agent; or
(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.
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Source location: Title 46, Chapter 307, § 30706; chapter-307-liability-of-water-carriers.md
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**(a) Due Diligence.—** If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.
**(b) Other Defenses.—** A carrier and the vessel are not liable for loss or damage arising from—
(1) dangers of the sea or other navigable waters;
(2) acts of God;
(3) public enemies;
(4) seizure under legal process;
(5) inherent defect, quality, or vice of the goods;
(6) insufficiency of package;
(7) act or omission of the shipper or owner of the goods or their agent; or
(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability**
(1) **Liability to United States** — Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of—
(A) the amount of response costs and damages resulting from the destruction, loss, or injury; and
(B) interest on that amount calculated in the manner described under [section 2705 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2705&num=0&edition=prelim).
(2) **Liability in rem** — Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.
(3) **Defenses** — A person is not liable under this subsection if that person establishes that—
(A) the destruction or loss of, or injury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care;
(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or
(C) the destruction, loss, or injury was negligible.
(4) **Limits to liability** — Nothing in sections 4281–4289 of the Revised Statutes of the United States or [section 30706 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30706&num=0&edition=prelim) shall limit the liability of any person under this chapter.
**(b) Response actions and damage assessment**
(1) **Response actions** — The Secretary may undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1443
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Federal law — U.S. Code and appendices · legal_authorities
Page 267
TITLE 46—SHIPPING
§ 30903
§ 30706. Defenses
(a) DUE DILIGENCE.—If a carrier has exercised
due diligence to make the vessel in all respects
seaworthy and to properly man, equip, and sup-
ply the vessel, the carrier and the vessel are not
liable for loss or damage arising from an error in
the navigation or management of the vessel.
(b) OTHER DEFENSES.—A carrier and the vessel
are not liable for loss or damage arising from—
(1) dangers of the sea or other navigable wa-
ters;
(2) acts of God;
(3) public enemies;
(4) seizure under legal process;
(5) inherent defect, quality, or vice of the
goods;
(6) insufficiency of package;
(7) act or omission of the shipper or owner of
the goods or their agent; or
(8) saving or attempting to save life or prop-
erty at sea, including a deviation in rendering
such a service.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30706 ..........
46 App.:192.
Feb. 13, 1893, ch. 105, § 3, 27
Stat. 445.
This section is restated as two subsections to clarify
that the exercise of due diligence in making the vessel
seaworthy is a condition only to the defense of error in
navigation or management restated in subsection (a).
See May v. Hamburg-Amerikanische Packetfahrt Aktien-
gesellschaft (The Isis), 290 U.S. 333, 353 (1933). The words
‘‘transporting merchandise or property to or from any
port in the United States of America’’ are omitted be-
cause of section 30702(a) of the revised title.
§ 30707. Criminal penalty
(a) IN GENERAL.—A carrier that violates this
chapter shall be fined under title 18.
(b) LIEN.—The amount of the fine and costs for
the violation constitute a lien on the vessel en-
gaged in the carri
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 30706
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