46 U.S.C. § 12151 — Penalties

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 construc- tion of major components of the hull and super- structure of the vessel, is not effected within the United States, its Territories (not including trust terri- tories) or its possessions’’ because of the definition of ‘‘rebuilt’’ in section 12101, and the definition of ‘‘United States’’ in chapter 1, of the revised title. Editorial Notes AMENDMENTS 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 308. See 2006 Amendment note below. Subsec. (a). Pub. L. 110–181, § 3525(a)(2), incorporated the substance of the amendment by Pub. L. 109–241, § 308, into this section by substituting ‘‘charterers, and mortgagees’’ for ‘‘and charterers’’. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note pre- ceding section 101 of this title. 2006—Pub. L. 109–241, § 308, which directed the amend- ment of former section 12120 of this title from which subsec. (a) of this section was derived, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (a) and Historical and Revision notes above. § 12140. Investigations by Secretary (a) IN GENERAL.—The Secretary may conduct investigations and inspections regarding compli- ance with this chapter and regulations pre- scribed under this chapter. (b) AUTHORITY TO OBTAIN EVIDENCE.— (1) IN GENERAL.—For the purposes of any in- vestigation conducted under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence relevant to the matter under investigation if— (A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the sub- poena— (i) is reasonable; and (ii) will interfere with a criminal inves- tigation; and (B) the Attorney General— (i) determines that the subpoena is rea- sonable and will not interfere with a criminal investigation; or (ii) fails to make a determination with respect to the subpoena before the date that is 30 days after the date on which the Secretary makes a request under subpara- graph (A) with respect to the subpoena. (2) ENFORCEMENT.—In the case of a refusal to obey a subpoena issued to any person under this section, the Secretary may invoke the aid of the appropriate district court of the United States to compel compliance. (Added Pub. L. 112–213, title III, § 308(a), Dec. 20, 2012, 126 Stat. 1566.) SUBCHAPTER IV—PENALTIES § 12151. Penalties (a) IN GENERAL.— (1) CIVIL PENALTIES.—Except as provided in paragraph (2), a person that violates this chap- ter or a regulation prescribed under this chap- ter 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 sepa- rate violation. (2) ACTIVITIES INVOLVING MOBILE OFFSHORE DRILLING UNITS.—A person that violates sec- tion 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 vio- lation. (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 representa- tive 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 know- ingly and fraudulently used for the vessel; (3) the vessel is operated after its endorse- ment has been denied or revoked under section 12152 of this title; (4) the vessel is employed in a trade without an appropriate endorsement; (5) the vessel has only a recreational en- dorsement 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 author- ized by section 12131(b) of this title; or (7) the vessel is rebuilt outside the United States and a report of the rebuilding is not 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) is omitted because section 2107(b) applies to subtitle II and this section is in subtitle II. Editorial Notes AMENDMENTS 2012—Subsec. (a). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, sub- stituted ‘‘Except as provided in paragraph (2), a person that violates’’ for ‘‘A person that violates’’ and ‘‘$15,000’’ for ‘‘$10,000’’, and added par. (2). § 12152. Denial or revocation of endorsement for non-payment of civil penalty If the owner of a vessel fails to pay a civil pen- alty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorse- ment, or revoke the endorsement, on a certifi- cate of documentation issued for the vessel under this chapter. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12152 .......... 46:12123. CHAPTER 123—NUMBERING UNDOCUMENTED VESSELS Sec. 12301. Numbering vessels. Sec. 12302. Standard numbering system. 12303. Exemption from numbering requirements. 12304. Certificates of numbers. 12305. Displaying numbers. 12306. Safety certificates. 12307. Regulations on numbering and fees. 12308. Providing vessel numbering and registration information. 12309. Penalties. § 12301. Numbering vessels (a) An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing authority in the State in which the vessel principally is operated. (b) The Secretary may require an undocu- mented barge of more than 100 gross tons oper- ating on the navigable waters of the United States to be numbered. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 102–587, title V, § 5305, Nov. 4, 1992, 106 Stat. 5083; Pub. L. 115–282, title V, § 513, Dec. 4, 2018, 132 Stat. 4276.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 12301 ............................................ 46:1466 Section 12301 requires that undocumented vessels that are propelled by machinery be issued an identi- fication number by the proper issuing authority in the State in which the vessel is primarily operated. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–282 substituted ‘‘may’’ for ‘‘shall’’ and inserted ‘‘of’’ after ‘‘barge’’. 1992—Pub. L. 102–587 designated existing provisions as subsec. (a) and added subsec. (b). § 12302. Standard numbering system (a) The Secretary shall prescribe by regulation a standard numbering system for vessels to which this chapter applies. On application by a State, the Secretary shall approve a State num- bering system that is consistent with the stand- ard numbering system. In carrying out its num- bering system, a State shall adopt any defini- tions of relevant terms prescribed by regula- tions of the Secretary. (b) A State with an approved numbering sys- tem is the issuing authority within the meaning of this chapter. The Secretary is the issuing au- thority in a State in which a State numbering system has not been approved. (c) When a vessel is numbered in a State, it is deemed in compliance with the numbering sys- tem of a State in which it temporarily is oper- ated. (d) When a vessel is removed to a new State of principal operation, the issuing authority of that State shall recognize the validity of the number issued by the original State for 60 days. (e) If a State has a numbering system ap- proved after the Secretary issues a number, the State shall recognize the validity of the number issued by the Secretary for one year. (f) When the Secretary decides that a State numbering system is not being carried out con-