Collapse to view only § 3852. Civil enforcement

§ 3851. Criminal enforcement

Any person who knowingly violates paragraph (2), (3), (4), or (5) of section 3841(a) of this title or section 3841(b) of this title shall be fined under title 18 or imprisoned not more than 6 years, or both.

(Pub. L. 111–281, title X, § 1041, Oct. 15, 2010, 124 Stat. 3029.)
§ 3852. Civil enforcement
(a) Civil penalty
(1) In general
Any person who is found by the Secretary or the Administrator, as appropriate, after notice and an opportunity for a hearing, to have—
(A) violated the Convention, this chapter, or any regulation prescribed under this chapter, is liable to the United States Government for a civil penalty of not more than $37,500 for each violation; or
(B) made a false, fictitious, or fraudulent statement or representation in any matter in which a statement or representation is required to be made to the Secretary under the Convention, this chapter, or any regulations prescribed under this chapter, is liable to the United States for a civil penalty of not more than $50,000 for each such statement or representation.
(2) Relationship to other law
(b) Assessment of penalty
(c) Limitation for recreational vessel
(d) Determination of penalty
(e) Reward
(f) Referral to Attorney General
(g) Compromise, modification, or remission
(h) Nonpayment penalty
(Pub. L. 111–281, title X, § 1042, Oct. 15, 2010, 124 Stat. 3030.)
§ 3853. Liability in rem

A vessel operated in violation of the Convention, this chapter, or any regulation prescribed under this chapter, is liable in rem for any fine imposed under title 18 or civil penalty assessed pursuant to section 3852 of this title, and may be proceeded against in the United States district court of any district in which the vessel may be found.

(Pub. L. 111–281, title X, § 1043, Oct. 15, 2010, 124 Stat. 3031; Pub. L. 111–330, § 1(20), Dec. 22, 2010, 124 Stat. 3571.)
§ 3854. Vessel clearance or permits; refusal or revocation; bond or other surety

If any vessel that is subject to the Convention or this chapter, or its owner, operator, or person in charge, is liable for a fine or civil penalty under section 3852 or 3853 of this title, or if reasonable cause exists to believe that the vessel, its owner, operator, or person in charge may be subject to a fine or civil penalty under section 3852 or 3853 of this title, the Secretary may refuse or revoke the clearance required by section 60105 of title 46. Clearance may be granted upon the filing of a bond or other surety satisfaction to the Secretary.

(Pub. L. 111–281, title X, § 1044, Oct. 15, 2010, 124 Stat. 3031.)
§ 3855. Warnings, detentions, dismissals, exclusion
(a) In general
(b) Notifications
(Pub. L. 111–281, title X, § 1045, Oct. 15, 2010, 124 Stat. 3031.)
§ 3856. Referrals for appropriate action by foreign country

Notwithstanding sections 3851, 3852, 3853, and 3855 of this title, if a violation of the Convention is committed by a vessel registered in or of the nationality of a country that is a party to the Convention, or by a vessel operated under the authority of a country that is a party to the Convention, the Secretary, acting in coordination with the Secretary of State, may refer the matter to the government of the country of the vessel’s registry or nationality, or under whose authority the vessel is operating, for appropriate action, rather than taking the actions otherwise required or authorized by this subchapter.

(Pub. L. 111–281, title X, § 1046, Oct. 15, 2010, 124 Stat. 3031.)
§ 3857. Remedies not affected
(a) In general
(b) Relationship to State and local law
(Pub. L. 111–281, title X, § 1047, Oct. 15, 2010, 124 Stat. 3031.)