46 U.S.C. § 4508 — Untitled legal text

Page 112 TITLE 46—SHIPPING [§ 4508 prescribed under this chapter may each be as- sessed a civil penalty by the Secretary of not more than $5,000. Any vessel with respect to which a penalty is assessed under this sub- section is liable in rem for the penalty. (b) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. (Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1588.) [§ 4508. Repealed. Pub. L. 115–282, title VI, § 601(c)(1), Dec. 4, 2018, 132 Stat. 4289] Section, added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1588; amended Pub. L. 101–225, title I, § 106, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 102–241, § 25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104–324, title III, § 304(b), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, § 331(a), Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(a), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–241, title IX, § 901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, § 604(c)(1)–(3), Oct. 15, 2010, 124 Stat. 2964, 2965, estab- lished the Commercial Fishing Safety Advisory Com- mittee. See section 15102 of this title. CHAPTER 47—ABANDONMENT OF BARGES Sec. 4701. Definitions. 4702. Abandonment of barge prohibited. 4703. Penalty for unlawful abandonment of barge. 4704. Removal of abandoned barges. 4705. Liability of barge removal contractors. § 4701. Definitions In this chapter— (1) ‘‘abandon’’ means to moor, strand, wreck, sink, or leave a barge of more than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title un- attended for longer than forty-five days. (2) ‘‘barge removal contractor’’ means a per- son that enters into a contract with the United States to remove an abandoned barge under this chapter. (3) ‘‘navigable waters of the United States’’ means waters of the United States, including the territorial sea. (4) ‘‘removal’’ or ‘‘remove’’ means reloca- tion, sale, scrapping, or other method of dis- posal. (Added Pub. L. 102–587, title V, § 5302, Nov. 4, 1992, 106 Stat. 5081; amended Pub. L. 104–324, title VII, § 718, Oct. 19, 1996, 110 Stat. 3937.) Editorial Notes AMENDMENTS 1996—Par. (1). Pub. L. 104–324 inserted ‘‘as measured under section 14502 of this title, or an alternate ton- nage measured under section 14302 of this title as pre- scribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’. Statutory Notes and Related Subsidiaries APPLICATION TO CERTAIN BARGES Pub. L. 102–587, title V, § 5303, Nov. 4, 1992, 106 Stat. 5083, provided that: ‘‘Chapter 47 of title 46, United States Code, as added by subsection (a) [section 5302], does not apply to a barge abandoned before June 11, 1992, if the barge was removed before the date that is 1 year after the date of enactment of this title [Nov. 4, 1992].’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 4702. Abandonment of barge prohibited An owner or operator of a barge may not aban- don it on the navigable waters of the United States. A barge is deemed not to be abandoned if— (1) it is located at a Federally- or State-ap- proved mooring area; (2) it is on private property with the permis- sion of the owner of the property; or (3) the owner or operator notifies the Sec- retary that the barge is not abandoned and the location of the barge. (Added Pub. L. 102–587, title V, § 5302, Nov. 4, 1992, 106 Stat. 5082; amended Pub. L. 109–304, § 15(18), Oct. 6, 2006, 120 Stat. 1703.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–304 struck out subsec. (a) designa- tion before ‘‘An owner’’. § 4703. Penalty for unlawful abandonment of barge Thirty days after the notification procedures under section 4704(a)(1) are completed, the Sec- retary may assess a civil penalty of not more than $1,000 for each day of the violation against an owner or operator that violates section 4702. A vessel with respect to which a penalty is as- sessed under this chapter is liable in rem for the penalty. (Added Pub. L. 102–587, title V, § 5302, Nov. 4, 1992, 106 Stat. 5082.) § 4704. Removal of abandoned barges (a)(1) The Secretary may remove a barge that is abandoned after complying with the following procedures: (A) If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail— (i) that if the barge is not removed it will be removed at the owner’s or operator’s ex- pense; and (ii) of the penalty under section 4703. (B) If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in— (i) a notice to mariners; and (ii) an official journal of the county in which the barge is located that if the barge is not removed it will be re- moved at the owner’s or operator’s expense. (2) The United States, and any officer or em- ployee of the United States is not liable to an owner or operator for damages resulting from