Title 33 — Navigation and Navigable Waters
Chapter 30 — International Regulations for Preventing Collisions at Sea
§ 1608. Civil penalties
Statutory text
Liability of vessel operator for violations
Whoever operates a vessel, subject to the provisions of this chapter, in violation of this chapter or of any regulation promulgated pursuant to section 1607 of this title, shall be liable to a civil penalty of not more than $5,000 for each such violation.
Liability of vessel for violations; seizure of vessel
Every vessel subject to the provisions of this chapter, other than a public vessel being used for noncommercial purposes, which is operated in violation of this chapter or of any regulation promulgated pursuant to section 1607 of this title, shall be liable to a civil penalty of not more than $5,000 for each such 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 such vessel may be found.
Assessment of penalties; notice; opportunity for hearing; remission, mitigation, and compromise of penalty; action for collection
The Secretary of the department in which the Coast Guard is operating 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 involved 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 compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
International Navigational Rules Act of 1977
Pub. L. 95–75 § 9 · 91 Stat. 308
Enacted · 33 U.S.C. § 1608
Pub. L. 95–75, § 9, July 27, 1977, 91 Stat. 310
Source evidence
Code source credit
Pub. L. 95–75, § 9, July 27, 1977, 91 Stat. 310Inland Navigational Rules Act of 1980
Pub. L. 96–591 § 6(3) · 94 Stat. 3415
Substituted · 33 U.S.C. § 1608(a)
Pub. L. 96–591, § 6(3), substituted “$5,000” for “$500”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–591, § 6(3), substituted “$5,000” for “$500”.Enacted provision · exact public law section
(3) in subsection (a) of section 9 by striking “$500” and 33 USC 1608. inserting in lieu thereof “$5,000”.Inland Navigational Rules Act of 1980
Pub. L. 96–591 § 6(4) · 94 Stat. 3415
Substituted · 33 U.S.C. § 1608(b)
Pub. L. 96–591, § 6(4), substituted “not more than $5,000” for “$500”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–591, § 6(4), substituted “not more than $5,000” for “$500”.Enacted provision · exact public law section
(4) in subsection (b) of section 9 by striking “$500” and inserting in lieu thereof “not more than $5,000”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
1980—Subsec. (a). Pub. L. 96–591, § 6(3), substituted “$5,000” for “$500”.
Subsec. (b). Pub. L. 96–591, § 6(4), substituted “not more than $5,000” for “$500”.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1977–1980 · 2 acts
- 1977Pub. L. 95–75, § 9, , 91 Stat. 310
- 1980Pub. L. 96–591, § 6(3), (4), , 94 Stat. 3435.
Show as published
(Pub. L. 95–75, § 9, , 91 Stat. 310; Pub. L. 96–591, § 6(3), (4), , 94 Stat. 3435.)