33 U.S.C. § 2072 — Violations of Inland Navigational Rules

Page 683 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2072 Section 2011, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3420, related to Rule 11, application of rules of conduct of vessels in sight of one another. Section 2012, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3420, related to Rule 12, sailing vessels in sight of one another. Section 2013, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3420, related to Rule 13, overtaking vessels in sight of one another. Section 2014, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3421; Pub. L. 98–557, § 16(c), Oct. 30, 1984, 98 Stat. 2867, re- lated to Rule 14, head-on situations for vessels in sight of one another. Section 2015, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3421; Pub. L. 104–324, title VII, § 701(2), Oct. 19, 1996, 110 Stat. 3932, related to Rule 15, crossing situations for vessels in sight of one another. Section 2016, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3421, related to Rule 16, action by give-way vessels in sight of one another. Section 2017, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3421, related to Rule 17, action by stand-on vessels in sight of one another. Section 2018, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3422, related to Rule 18, responsibilities between vessels in sight of one another. Section 2019, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3422, related to Rule 19, conduct of vessels not in sight of one another in restricted visibility. Section 2020, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3423, related to Rule 20, application of rules concerning lights and shapes. Section 2021, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3423, related to Rule 21, definitions of lights and shapes. Section 2022, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3424, related to Rule 22, visibility of lights. Section 2023, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3424; Pub. L. 104–324, title VII, § 701(3), Oct. 19, 1996, 110 Stat. 3932, related to Rule 23, lights of power-driven vessels underway. Section 2024, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3425; Pub. L. 98–557, § 16(b)(1), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 104–324, title VII, § 701(4), Oct. 19, 1996, 110 Stat. 3932, related to Rule 24, lights and shapes of vessels towing or pushing another vessel. Section 2025, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3426, related to Rule 25, lights and shapes of sailing ves- sels underway and vessels under oars. Section 2026, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3427; Pub. L. 104–324, title VII, § 701(5), Oct. 19, 1996, 110 Stat. 3933, related to Rule 26, lights and shapes of fish- ing vessels. Section 2027, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3427; Pub. L. 100–448, § 14(2), (3), Sept. 28, 1988, 102 Stat. 1844, related to Rule 27, lights and shapes of vessels not under command or restricted in their ability to maneu- ver. Section 2028 was reserved for Rule 28. Section 2029, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3428, related to Rule 29, lights and shapes of pilot ves- sels. Section 2030, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3429, related to Rule 30, lights and shapes of anchored vessels and vessels aground. Section 2031, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3429, related to Rule 31, lights and shapes of seaplanes. Section 2032, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3429, related to Rule 32, definitions of sound signals. Section 2033, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3430, related to Rule 33, equipment for sound signals. Section 2034, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3430; Pub. L. 104–324, title VII, § 701(6), Oct. 19, 1996, 110 Stat. 3933, related to Rule 34, maneuvering and warning signals. Section 2035, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3431, related to Rule 35, sound signals in restricted visi- bility. Section 2036, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3432, related to Rule 36, signals to attract attention. Section 2037, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3432, related to Rule 37, distress signals. Section 2038, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3432, related to Rule 38, exemptions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 108–293, title III, § 303(a), (c), Aug. 9, 2004, 118 Stat. 1042, provided that the repeal of this subchapter by section 303(a) is effective on the effective date of final regulations prescribed by the Secretary of the De- partment in which the Coast Guard is operating under section 2071 of this title. Repeal effective May 17, 2010, and Inland Navigation Rules moved to 33 CFR part 83. See 75 F.R. 19544, Apr. 15, 2010. SHORT TITLE Pub. L. 96–591, § 1, Dec. 24, 1980, 94 Stat. 3415, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 151, 1604, 1605, and 1608 of this title, repealing sec- tions 154 to 159, 171 to 183, 191, 192, 201 to 213, 221, 222, 231, 232, 241 to 244, 251 to 262, 271, 272, 281 to 295, 301 to 303, 311 to 323, 331, 341 to 356, 360, and 360a of this title and sections 526b, 526c, and 526d of former Title 46, Shipping, and enacting provisions set out as notes under this section] may be cited as the ‘Inland Naviga- tional Rules Act of 1980’.’’ SUBCHAPTER II—MISCELLANEOUS PROVISIONS § 2071. Inland navigation rules The Secretary of the Department in which the Coast Guard is operating may issue inland navi- gation regulations applicable to all vessels upon the inland waters of the United States and tech- nical annexes that are as consistent as possible with the respective annexes to the International Regulations. (Pub. L. 96–591, § 3, Dec. 24, 1980, 94 Stat. 3433; Pub. L. 108–293, title III, § 303(b), Aug. 9, 2004, 118 Stat. 1042.) Editorial Notes REFERENCES IN TEXT The International Regulations, referred to in text, came into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title. AMENDMENTS 2004—Pub. L. 108–293 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The Secretary may issue regulations necessary to implement and interpret this chapter. The Secretary shall establish the following technical annexes to these Rules: Annex I, Positioning and Technical Details of Lights and Shapes; Annex II, Additional Signals for Fishing Vessels Fishing in Close Proximity; Annex III, Technical Details of Sound Appliances; and Annex IV, Distress Signals. These annexes shall be as consistent as possible with the respective annexes to the Inter- national Regulations. The Secretary may establish other technical annexes, including local pilot rules.’’ § 2072. Violations of Inland Navigational Rules (a) Liability of operator for civil penalty Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation. 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.