33 U.S.C. § 2073 — Repealed. Pub. L. 115–282, title VI,

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.