
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3718]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
          CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
 
Sec. 3718. Penalties

    (a)(1) A person violating this chapter or a regulation prescribed 
under this chapter is liable to the United States Government for a civil 
penalty of not more than $25,000. Each day of a continuing violation is 
a separate violation.
    (2) Each vessel to which this chapter applies that is operated in 
violation of this chapter or a regulation prescribed under this chapter 
is liable in rem for a civil penalty under this subsection.
    (b) A person willfully and knowingly violating this chapter or a 
regulation prescribed under this chapter commits a class D felony.
    (c) Instead of the penalties provided by subsection (b) of this 
section, a person willfully and knowingly violating this chapter or a 
regulation prescribed under this chapter, and using a dangerous weapon, 
or engaging in conduct that causes bodily injury or fear of imminent 
bodily injury to an official authorized to enforce this chapter or a 
regulation prescribed under this chapter, commits a class C felony.
    (d) The district courts of the United States have jurisdiction to 
restrain a violation of this chapter or a regulation prescribed under 
this chapter.
    (e)(1) If any owner, operator, or individual in charge of a vessel 
is liable for any 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 any 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 4197 of the Revised Statutes of the United States (46 App. 
U.S.C. 91).
    (2) Clearance or a permit refused or revoked under this subsection 
may be granted upon filing of a bond or other surety satisfactory to the 
Secretary.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527; Pub. L. 101-380, title IV, 
Sec. 4302(c), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104-324, title III, 
Sec. 312(d), Oct. 19, 1996, 110 Stat. 3921.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3718..............................  46:391a(14)
------------------------------------------------------------------------

    Section 3718 provides the authority to assess civil penalties for 
violation of the chapter or regulations. Each violation subjects the 
violator to a penalty not to exceed $25,000 for each violation and, in 
the case of a continuing violation, each day shall constitute a separate 
violation and the vessel is liable in rem. The procedures for assessing 
penalties are found in section 2107 of part A.
    With respect to criminal penalties, a willful or knowing violation 
of the section or a regulation subjects the offender, upon conviction, 
to a criminal fine of not more than $50,000 for each violation or 
imprisonment for not more than 1 year, or both. If the willful and 
knowing violation involves the use of a dangerous weapon or constitutes 
an assault or battery, the offender is subjected to a fine of not more 
than $100,000 or imprisonment of not more than 10 years, or both.
    In addition, where the owner or operator of the vessel is subject to 
any of the penalties prescribed, the Secretary of the Treasury is 
directed to withhold required Customs clearance, at the request of the 
Secretary. Clearance may be granted upon the filing of a bond or other 
surety satisfactory to the Secretary.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-324 amended subsec. (e) generally. 
Prior to amendment, subsec. (e) read as follows: ``At the request of the 
Secretary, the Secretary of the Treasury shall withhold or revoke the 
clearance required by section 4197 of the Revised Statutes (46 App. 
U.S.C. 91) of a vessel the owner or operator of which is subject to a 
penalty under this section. Clearance may be granted on filing a bond or 
other surety satisfactory to the Secretary.''
    1990--Subsec. (b). Pub. L. 101-380, Sec. 4302(c)(1), substituted 
``commits a class D felony'' for ``shall be fined not more than $50,000, 
imprisoned for not more than 5 years, or both''.
    Subsec. (c). Pub. L. 101-380, Sec. 4302(c)(2), substituted ``commits 
a class C felony'' for ``shall be fined not more than $100,000, 
imprisoned for not more than 10 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 Title 33, Navigation and 
Navigable Waters.
