§ 1232. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1232]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1232. Enforcement provisions
(a) Civil penalty
(1) Any person who is found by the Secretary, after notice and an
opportunity for a hearing, to have violated this chapter or a regulation
issued hereunder shall be liable to the United States for a civil
penalty, not to exceed $25,000 for each violation. Each day of a
continuing violation shall constitute a separate violation. The amount
of such civil penalty shall be assessed by the Secretary, or his
designee, by written notice. In determining the amount of such penalty,
the Secretary shall take into account the nature, circumstances, extent
and gravity of the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or which
has been imposed under this section.
(3) If any person fails to pay an assessment of a civil penalty
after it has become final, the Secretary may refer the matter to the
Attorney General of the United States, for collection in any appropriate
district court of the United States.
(b) Criminal penalty
(1) Any person who willfully and knowingly violates this chapter or
any regulation issued hereunder commits a class D felony.
(2) Any person who, in the willfull \1\ and knowing violation of
this chapter or of any regulation issued hereunder, uses a dangerous
weapon, or engages in conduct that causes bodily injury or fear of
imminent bodily injury to any officer authorized to enforce the
provisions of this chapter or the regulations issued hereunder, commits
a class C felony.
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\1\ So in original. Probably should be ``willful''.
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(c) In rem liability
Any vessel subject to the provisions of this chapter, which is used
in violation of this chapter, or any regulations issued hereunder, shall
be liable in rem for any civil penalty assessed pursuant to subsection
(a) of this section and may be proceeded against in the United States
district court for any district in which such vessel may be found.
(d) Injunction
The United States district courts shall have jurisdiction to
restrain violations of this chapter or of regulations issued hereunder,
for cause shown.
(e) Denial of entry
Except as provided in section 1228 of this title, the Secretary may,
subject to recognized principles of international law, deny entry into
the navigable waters of the United States to any port or place under the
jurisdiction of the United States or to any vessel not in compliance
with the provisions of this chapter or the regulations issued hereunder.
(f) Withholding of clearance
(1) If any owner, operator, or individual in charge of a vessel is
liable for a penalty or fine under this section, or if reasonable cause
exists to believe that the owner, operator, or individual in charge may
be subject to a penalty or fine 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 required by section 91 of title
46, Appendix.
(2) Clearance refused or revoked under this subsection may be
granted upon filing of a bond or other surety satisfactory to the
Secretary.
(Pub. L. 92-340, Sec. 13, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1478; amended Pub. L. 101-380, title IV, Sec. 4302(j),
Aug. 18, 1990, 104 Stat. 539; Pub. L. 104-324, title III, Sec. 312(b),
Oct. 19, 1996, 110 Stat. 3920.)
Amendments
1996--Subsec. (f). Pub. L. 104-324 amended heading and text of
subsec. (f) generally. Prior to amendment, text read as follows: ``The
Secretary of the Treasury shall withhold 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.''
1990--Subsec. (b)(1). Pub. L. 101-380, Sec. 4302(j)(1), substituted
``commits a class D felony'' for ``shall be fined not more than $50,000
for each violation or imprisoned for not more than five years, or
both''.
Subsec. (b)(2). Pub. L. 101-380, Sec. 4302(j)(2), which directed the
substitution of ``commits a class C felony.'' for ``shall, in lieu of
the penalties prescribed in paragraph (1), be fined not more than
$100,000, or imprisoned for not more than 10 years, or both.'', was
executed by making the substitution for ``shall, in lieu of the
penalties prescribed in paragraph (1), be fined not more than $100,000,
or imprisoned for not more than ten years, or both.''
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 this title.
Section Referred to in Other Sections
This section is referred to in section 1911 of this title; title 14
section 91.