33 U.S.C. § 2101 — Congressional statement of findings and

Page 684 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2073 (b) Liability of vessel for civil penalty; seizure of vessel Every vessel subject to this chapter, other than a public vessel being used for noncommer- cial purposes, that is operated in violation of this chapter, or of any regulation issued there- under, or in violation of a certificate of alter- native compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found. (c) Assessment of civil penalty by Secretary; col- lection The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation in- volved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or com- promised, the Secretary may request the Attor- ney General to commence an action in the ap- propriate district court of the United States for collection of the penalty as assessed, without re- gard to the amount involved, together with such other relief as may be appropriate. (d) Withholding of clearance (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to be- lieve that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance re- quired by section 60105 of title 46. (2) Clearance or a permit refused or revoked under this subsection may be granted upon fil- ing of a bond or other surety satisfactory to the Secretary. (Pub. L. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433; Pub. L. 104–324, title III, § 312(c), Oct. 19, 1996, 110 Stat. 3920.) Editorial Notes REFERENCES IN TEXT Rule 1, referred to in pars. (a) and (b), was classified to section 2001 of this title, prior to repeal by Pub. L. 108–293, title III, § 303(a), (c), Aug. 9, 2004, 118 Stat. 1042, effective May 17, 2010. CODIFICATION In subsec. (d)(1), ‘‘section 60105 of title 46’’ substituted for ‘‘section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted section 60105 of Title 46, Shipping. AMENDMENTS 1996—Par. (d). Pub. L. 104–324 inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Treasury shall with- hold or revoke, at the request of the Secretary, the clearance, required by section 91 of title 46, Appendix, of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 12 months after Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title. § 2073. Repealed. Pub. L. 115–282, title VI, § 601(c)(5), Dec. 4, 2018, 132 Stat. 4290 Section, Pub. L. 96–591, § 5, Dec. 24, 1980, 94 Stat. 3434; Pub. L. 97–322, title I, § 118(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L. 98–557, § 16(b)(2), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101–225, title I, § 105(a)(1), Dec. 12, 1989, 103 Stat. 1909; Pub. L. 104–324, title III, § 304(a), (g), Oct. 19, 1996, 110 Stat. 3917, 3918; Pub. L. 107–295, title III, § 334, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(e), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 111–281, title VI, § 621(f), Oct. 15, 2010, 124 Stat. 2977, related to the estab- lishment of the Navigation Safety Advisory Council. See section 15107 of Title 46, Shipping. CHAPTER 35—ARTIFICIAL REEFS Sec. 2101. Congressional statement of findings and pur- pose. 2102. Establishment of standards. 2103. National artificial reef plan. 2104. Permits for construction and management of artificial reefs. 2105. Definitions. 2106. Savings clauses. § 2101. Congressional statement of findings and purpose (a) The Congress finds that— (1) although fishery products provide an im- portant source of protein and industrial prod- ucts for United States consumption, United States fishery production annually falls far short of satisfying United States demand; (2) overfishing and the degradation of vital fishery resource habitats have caused a reduc- tion in the abundance and diversity of United States fishery resources; (3) escalated energy costs have had a nega- tive effect on the economics of United States commercial and recreational fisheries; (4) commercial and recreational fisheries are a prominent factor in United States coastal economies and the direct and indirect returns to the United States economy from commer- cial and recreational fishing expenditures are threefold; and (5) properly designed, constructed, and lo- cated artificial reefs in waters covered under this chapter can enhance the habitat and di- versity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fish- ery products in the United States; increase the energy efficiency of recreational and commer- cial fisheries; and contribute to the United States and coastal economies. (b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter. Page 685 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2104 1 So in original. Probably should be ‘‘Management’’. (Pub. L. 98–623, title II, § 202, Nov. 8, 1984, 98 Stat. 3394.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 98–623, which in addition to enacting this chapter also enacted section 1220d of Title 16, Conservation, and amended sections 1220, 1220a, 1220b, and 1220c of Title 16. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–623, title II, § 201, Nov. 8, 1984, 98 Stat. 3394, provided that: ‘‘This title [enacting this chapter and section 1220d of Title 16, Conservation, and amending sections 1220 to 1220c of Title 16] may be cited as the ‘National Fishing Enhancement Act of 1984’.’’ § 2102. Establishment of standards Based on the best scientific information avail- able, artificial reefs in waters covered under this chapter shall be sited and constructed, and sub- sequently monitored and managed in a manner which will— (1) enhance fishery resources to the max- imum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navi- gation. (Pub. L. 98–623, title II, § 203, Nov. 8, 1984, 98 Stat. 3395.) § 2103. National artificial reef plan Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environ- mental Protection Agency, the Secretary of the Department in which the Coast Guard is oper- ating, the Regional Fishery Managment 1 Coun- cils, interested States, Interstate Fishery Com- missions, and representatives of the private sec- tor, shall develop and publish a long-term plan which will meet the purpose of this chapter and be consistent with the standards established under section 2102 of this title. The plan must include— (1) geographic, hydrographic, geologic, bio- logical, ecological, social, economic, and other criteria for siting artificial reefs; (2) design, material, and other criteria for constructing artificial reefs; (3) mechanisms and methodologies for moni- toring the compliance of artificial reefs with the requirements of permits issued under sec- tion 2104 of this title; (4) mechanisms and methodologies for man- aging the use of artificial reefs; (5) a synopsis of existing information on ar- tificial reefs and needs for further research on artificial reef technology and management strategies; and (6) an evaluation of alternatives for facili- tating the transfer of artificial reef construc- tion materials to persons holding permits issued pursuant to section 2104 of this title, in- cluding, but not limited to, credits for envi- ronmental mitigation and modified tax obliga- tions. (Pub. L. 98–623, title II, § 204, Nov. 8, 1984, 98 Stat. 3395.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2104. Permits for construction and management of artificial reefs (a) Secretarial action on permits In issuing a permit for artificial reefs under section 403 of this title, section 1344 of this title, or section 1333(e) of title 43, the Secretary of the Army (hereinafter in this section referred to as the ‘‘Secretary’’) shall— (1) consult with and consider the views of ap- propriate Federal agencies, States, local gov- ernments, and other interested parties; (2) ensure that the provisions for siting, con- structing, monitoring, and managing the arti- ficial reef are consistent with the criteria and standards established under this chapter; (3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the fi- nancial ability to assume liability for future damages are clearly established; and (4) consider the plan developed under section 2103 of this title and notify the Secretary of Commerce of any need to deviate from that plan. (b) Terms and conditions of permits (1) Each permit issued by the Secretary sub- ject to this section shall specify the design and location for construction of the artificial reef and the types and quantities of materials that may be used in constructing such artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, oper- ation, maintenance, monitoring, and managing the use of the artificial reef as are necessary for compliance with all applicable provisions of law and as are necessary to ensure the protection of the environment and human safety and prop- erty. (2) Before issuing a permit under section 1342 of this title for any activity relating to the siting, design, construction, operation, mainte- nance, monitoring, or managing of an artificial reef, the Administrator of the Environmental