
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC12122]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                    Part H--Identification of Vessels
 
                  CHAPTER 121--DOCUMENTATION OF VESSELS
 
Sec. 12122. Penalties

    (a) 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 $10,000. Each day of continuing violation is a 
separate violation.
    (b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government--
        (1) when the owner of a 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 or when applying for documentation of the vessel;
        (2) when a certificate of documentation is knowingly and 
    fraudulently used for a vessel;
        (3) when a vessel is operated after its endorsement has been 
    denied or revoked under section 12123 of this title;
        (4) when a vessel is employed in a trade without an appropriate 
    trade endorsement;
        (5) when a documented vessel with only a recreational 
    endorsement is operated other than for pleasure; or
        (6) when a documented vessel, other than a vessel with only a 
    recreational endorsement, is placed under the command of a person 
    not a citizen of the United States.

    (c) In addition to penalties under subsections (a) and (b), the 
owner of a documented vessel for which a fishery endorsement has been 
issued is liable to the United States Government for a civil penalty of 
up to $100,000 for each day in which such vessel has engaged in fishing 
(as such term is defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive 
economic zone of the United States, 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, with respect to 
the eligibility of the vessel under section 12102(c) of this title in 
applying for or applying to renew such fishery endorsement.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 99-307, Sec. 1(16), 
May 19, 1986, 100 Stat. 446; Pub. L. 104-324, title III, Sec. 301(a), 
(b), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 105-277, div. C, title II, 
Sec. 203(f), Oct. 21, 1998, 112 Stat. 2681-620; Pub. L. 106-31, title 
III, Sec. 3027(b), May 21, 1999, 113 Stat. 101.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
12122(a)..........................  46:65u(a)
12122(b)..........................  46:65n(a)
12122(c)..........................  46:65n(b)
------------------------------------------------------------------------

    Section 12122 provides a civil penalty of not more than $500 for 
each violation of this chapter. It also provides for seizure and 
forfeiture of a vessel for false statements or representations in 
connection with the documentation of vessels and for fraudulent use of a 
certificate of documentation.


                               Amendments

    1999--Subsec. (c). Pub. L. 106-31, which directed the insertion of a 
comma after ``representations'', was executed by inserting the comma 
after ``representation'', to reflect the probable intent of Congress.
    1998--Subsec. (c). Pub. L. 105-277 added subsec. (c).
    1996--Subsec. (a). Pub. L. 104-324, Sec. 301(a), substituted 
``$10,000'' for ``$500''.
    Subsec. (b). Pub. L. 104-324, Sec. 301(b)(1), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``When the 
owner of a vessel knowingly falsifies or conceals a material fact, or 
makes a false statement or representation about the documentation of the 
vessel, that vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government.''
    Subsec. (c). Pub. L. 104-324, Sec. 301(b)(2), struck out subsec. (c) 
which read as follows: ``When a certificate of documentation is 
knowingly and fraudulently used for a vessel, that vessel and its 
equipment are liable to seizure by and forfeiture to the Government.''
    1986--Subsec. (a). Pub. L. 99-307 inserted provision that each day 
of continuing violation is a separate violation.


         Application of Section to Fishing Vessels in California

    Citizen of the United States to include an alien lawfully admitted 
for permanent residence, for purposes of applying subsec. (b) of this 
section to vessels operating in waters off the coast of California, 
subject to United States jurisdiction, see section 317 of Pub. L. 101-
595, as amended, set out as a note under section 8103 of this title.
