§12151. Penalties

(a) In General.-

(1) Civil penalties.-Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.

(2) Activities involving mobile offshore drilling units.-A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.

(b) Seizure and Forfeiture of Vessels.-A vessel and its equipment are liable to seizure by and forfeiture to the Government if-

(1) the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;

(2) a certificate of documentation is knowingly and fraudulently used for the vessel;

(3) the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title;

(4) the vessel is employed in a trade without an appropriate endorsement;

(5) the vessel has only a recreational endorsement and is operated other than for pleasure;

(6) the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by section 12131(b) of this title; or

(7) the vessel is rebuilt outside the United States and a report of the rebuilding is not 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 section 3 of the Magnuson-Stevens Fishery Conservation 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 representation, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.

( Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1508 ; Pub. L. 112–213, title III, §309, Dec. 20, 2012, 126 Stat. 1566 .)

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, substituted "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).