33 U.S.C. § 1608

Civil penalties

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(a) 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.

(b) 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.

(c) 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.

(Pub. L. 95–75, § 9, July 27, 1977, 91 Stat. 310; Pub. L. 96–591, § 6(3), (4), Dec. 24, 1980, 94 Stat. 3435.)Editorial NotesAmendments

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 SubsidiariesTransfer 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 3 cases, 1982–1987 · leading case: Martha's Vineyard Scuba Headquarters, Inc. v. The Unidentified, Wrecked & Abandoned Steam Vessel, Etc., 833 F.2d 1059 (1st Cir. 1987).

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Martha's Vineyard Scuba Headquarters, Inc. v. The Unidentified, Wrecked & Abandoned Steam Vessel, Etc., 833 F.2d 1059 (1st Cir. 1987). “The Act, see 33 U.S.C. § 1608 (1982), provides for the administrative imposition of civil fines to penalize infractions of the COL-REGS.”

Mary E. Barger, Cross-Appellant v. Petroleum Helicopters, Inc., Cross-Appellee, 692 F.2d 337 (5th Cir. 1983). “As a statutorily defined “vessel”, a helicopter is also subject to the elaborate system set up in 33 U.S.C. § 1608 for civil penalties. There, investigative, enforcement and comprehensive measures are provided, including liability of an operator of a vessel and an in rem remedy…”

United States v. Burke, 540 F. Supp. 1282 (D.P.R. 1982). “Hayes, supra); (2) Proceeding without lights (see 33 U.S.C. § 1608 ); (3) Not flying a flag (cf.”

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