46 U.S.C. § 9308 — Penalties

Page 174 TITLE 46—SHIPPING § 9308 (B) travel or transportation expenses under section 5703 of title 5, United States Code. (2) A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their re- ceipt of any payment under this subsection. (f)(1) Chapter 10 of title 5 applies to the Com- mittee, except that the Committee terminates on September 30, 2030. (2) 2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its rec- ommendation regarding whether the Committee should be renewed and continued beyond the ter- mination date. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559; Pub. L. 105–383, title III, § 303, Nov. 13, 1998, 112 Stat. 3418; Pub. L. 106–554, § 1(a)(4) [div. A, § 1118], Dec. 21, 2000, 114 Stat. 2763, 2763A–209; Pub. L. 108–293, title IV, § 418(d), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–304, § 15(23), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title VI, § 621(a), Oct. 15, 2010, 124 Stat. 2976; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8334(a), Jan. 1, 2021, 134 Stat. 4705; Pub. L. 117–286, § 4(a)(291), Dec. 27, 2022, 136 Stat. 4337.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9307 .............................................. 46:216h Section 9307 permits the Secretary to establish a Great Lakes Pilotage Advisory Committee. This Com- mittee is to be established consistent with the Federal Advisory Committee Act (P.L. 92–463; 5 App. U.S.C.) and with the requirements imposed by section 19 [118(e)] of P.L. 97–322 (14 U.S.C. 631 note). Subsection (a) authorizes the Committee to review and make recommendations on Great Lakes pilotage regulation and policies and to make the recommenda- tions available to Congress and requires the Committee to meet at the call of the Secretary. Subsection (b) establishes the membership of the Committee as 3 members with 5 years of practical mar- itime experience appointed by the Secretary for a term of not more than 5 years. A Federal Register notice of solicitation for membership nominations for filling a position is required. Subsection (c) provides for pay and travel expenses, including per diem, for the members. Editorial Notes AMENDMENTS 2022—Subsec. (c)(2). Pub. L. 117–286, § 4(a)(291)(A), sub- stituted ‘‘section 1009(c) of title 5.’’ for ‘‘section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).’’ Subsec. (f)(1). Pub. L. 117–286, § 4(a)(291)(B), sub- stituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advi- sory Committee Act (5 U.S.C. App.)’’. 2021—Subsec. (b)(1). Pub. L. 116–283, § 8334(a)(1)(A), substituted ‘‘8 members’’ for ‘‘seven members’’. Subsec. (b)(2)(B). Pub. L. 116–283, § 8334(a)(1)(B)(i), sub- stituted ‘‘chosen from among nominations made by’’ for ‘‘representing the interests of’’. Subsec. (b)(2)(C). Pub. L. 116–283, § 8334(a)(1)(B)(ii), substituted ‘‘chosen from among nominations made by Great Lakes port authorities and marine terminals’’ for ‘‘representing the interests of Great Lakes ports’’. Subsec. (b)(2)(D). Pub. L. 116–283, § 8334(a)(1)(B)(iii)(I), substituted ‘‘chosen from among nominations made by’’ for ‘‘representing the interests of’’ and ‘‘ports;’’ for ‘‘ports; and’’. Subsec. (b)(2)(E). Pub. L. 116–283, § 8334(a)(1)(B)(v), added subpar. (E). Former subpar. (E) redesignated (F). Subsec. (b)(2)(F). Pub. L. 116–283, § 8334(a)(1)(B)(iv), (vi), redesignated subpar. (E) as (F) and struck out ‘‘with a background in finance or accounting,’’ after ‘‘a member’’ in introductory provisions. Subsec. (f)(1). Pub. L. 116–283, § 8334(a)(2), substituted ‘‘2030’’ for ‘‘2020’’. 2010—Subsec. (f)(1). Pub. L. 111–281 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘September 30, 2010’’. 2006—Subsec. (b)(2)(A). Pub. L. 109–304 substituted ‘‘the President’’ for ‘‘The President’’. 2004—Subsec. (f)(1). Pub. L. 108–293 substituted ‘‘Sep- tember 30, 2010’’ for ‘‘September 30, 2005’’. 2000—Subsec. (b)(2)(A). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(1)], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘three mem- bers who are practicing Great Lakes pilots and who re- flect a regional balance;’’. Subsec. (b)(2)(E). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(2)], amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘one member representing the interests of the general public, who is an independent expert on the Great Lakes maritime in- dustry.’’ Subsec. (c)(2). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(3)], which directed the striking out of second sen- tence in subsec. (C)(2), was executed by striking out the second sentence in subsec. (c)(2), ‘‘The representatives shall, as appropriate, report to and advise the Com- mittee on matters relating to Great Lakes pilotage.’’, to reflect the probable intent of Congress. Subsec. (d)(3). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(4)], added par. (3). Subsec. (f)(1). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(5)], substituted ‘‘September 30, 2005’’ for ‘‘Sep- tember 30, 2003’’. 1998—Pub. L. 105–383 amended section generally, sub- stituting provisions consisting of subsecs. (a) to (f) for former provisions consisting of subsecs. (a) to (c). Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2021 AMENDMENT Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8334(b), Jan. 1, 2021, 134 Stat. 4706, provided that: ‘‘Not- withstanding section 9307(f)(1) of title 46, United States Code, in any case in which the date of enactment of this Act [Jan. 1, 2021] occurs after September 30, 2020, the Great Lakes Pilotage Advisory Committee in exist- ence as of September 30, 2020, shall be deemed not ex- pired during the period beginning on September 30, 2020 through the date of enactment of this Act. Accord- ingly, the committee membership, charter, and the ac- tivities of such Committee shall continue as though such Committee had not expired.’’ REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 9308. Penalties (a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of section 9302 of this title is liable to the United States Government for a civil pen- alty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty. (b) An individual who directs the navigation of a vessel in violation of section 9302 of this title is liable to the Government for a civil penalty of Page 175 TITLE 46—SHIPPING § 10103 no more than $10,000 for each day during which the violation occurs. (c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of no more than $10,000. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101–380, title IV, § 4108(b), Aug. 18, 1990, 104 Stat. 515.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9308 .............................................. 46:216e(a)–(c) Section 9308 prescribes the penalties for violations of sections 9302 and 9303. Editorial Notes AMENDMENTS 1990—Subsecs. (a) to (c). Pub. L. 101–380 substituted ‘‘no more than $10,000’’ for ‘‘$500’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. PART G—MERCHANT SEAMEN PROTECTION AND RELIEF HISTORICAL AND REVISION NOTES Part G provides for a number of measures for the pro- tection and relief of merchant seamen by requiring cer- tain contractual obligations between the master who represents the vessel owner’s interest and the seamen who are engaged or employed on board a vessel, by re- quiring certain proceedings when a seaman dies or a vessel is suspected of being unseaworthy, by requiring certain standards for accommodations, medicine, cloth- ing, miscellaneous merchandise, and for the handling of special and unique problems of seamen. It also provides for a method of imposing disciplinary controls through the logging of offenses and provides penalties for speci- fied offenses, and certain related disciplinary proce- dures. The provisions of this part generally do not apply to fishing vessels, whaling vessels, or yachts. CHAPTER 101—GENERAL Sec. 10101. Definitions. [10102. Repealed.] 10103. Reports. 10104. Requirement to report sexual offenses. 10105. Reports to Congress. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. K, title CXVI, § 11611(b), Dec. 23, 2022, 136 Stat. 4156, added item 10105. 1993—Pub. L. 103–206, title IV, § 422(c)(2), Dec. 20, 1993, 107 Stat. 2439, struck out item 10102 ‘‘Designations and duties of shipping commissioners’’. 1989—Pub. L. 101–225, title II, § 214(b), Dec. 12, 1989, 103 Stat. 1914, substituted ‘‘Requirement to report sexual offenses’’ for ‘‘Regulations’’ in item 10104. § 10101. Definitions In this part— (1) ‘‘master’’ means the individual having command of a vessel. (2) ‘‘owner’’ means the person to whom the vessel belongs. (3) ‘‘seaman’’ means an individual (except scientific personnel, a sailing school instruc- tor, or a sailing school student) engaged or employed in any capacity on board a vessel. (4) ‘‘fishing vessel’’ includes— (A) a fish tender vessel; or (B) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under sec- tion 14502 of this title, or an alternate ton- nage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or entered into service after December 31, 1987, and having not more than 16 individuals on board pri- marily employed in the preparation of fish or fish products. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98–364, title IV, § 402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98–557, § 33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–640, § 10(b)(3), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, § 736, Oct. 19, 1996, 110 Stat. 3941.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10101 ............................................ 46:713 Section 10101 defines the terms master, seaman, and owner as they apply to merchant seamen’s protection and relief. Editorial Notes AMENDMENTS 1996—Par. (4)(B). Pub. L. 104–324 inserted ‘‘as meas- ured 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’’ after ‘‘1,600 gross tons’’. 1986—Pars. (1), (3). Pub. L. 99–640 struck out ‘‘owned by a citizen of the United States’’ after ‘‘vessel’’. 1984—Par. (4). Pub. L. 98–364, as amended Pub. L. 98–557, added par. (4). [§ 10102. Repealed. Pub. L. 103–206, title IV, § 422(c)(1), Dec. 20, 1993, 107 Stat. 2439] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560, re- lated to designations and duties of shipping commis- sioners. § 10103. Reports (a) A master of a vessel to which section 8701(a) of this title applies, who engages or dis- charges a seaman, shall submit reports to the vessel owner in the form, content, and manner of filing as prescribed by regulation, to ensure compliance with laws related to manning and the engagement and discharge of seamen. (b) This section does not apply to a ferry or towing vessel operated in connection with a ferry operation, employed only in trades other than with foreign ports, lakes, bays, sounds, bayous, canals, or harbors. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 103–206, title IV, § 417, Dec. 20, 1993, 107 Stat. 2438.)