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46 U.S.C. § 12152 — Denial or revocation of endorsement for

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12152 — Denial or revocation of endorsement for

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)

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Stable record: federal_law:legal_authorities:usc2024-26a3faced2d3f07ff5137ec5
Source file: Laws/federal/codes/united-states-code-2024/title-46/section-12152-denial-or-revocation-of-endorsement-for--3d6283de18.md
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Source location: USCODE-2024-title46-subtitleII-partH-chap121-subchapIV-sec12152.pdf

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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-

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1802 — Definitions

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

16 U.S.C. § 1802 — Definitions

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

46 U.S.C. § 12152 — Denial or revocation of endorsement for non-payment of civil penalty

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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