U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part G— Merchant Seamen Protection and Relief › Chapter CHAPTER 103— FOREIGN AND INTERCOASTAL VOYAGES

46 U.S.C. § 10321

General penalty

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(a) A person violating any provision of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000.(b) The vessel is liable in rem for any penalty assessed under this section.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, § 412, Dec. 20, 1993, 107 Stat. 2437.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

10321

46:567

46:568

46:571

46:661

46:665

Section 10321 makes a vessel on which a seaman is carried to sea in violation of this chapter or regulation prescribed under this chapter liable in rem to the United States Government for a civil penalty of $200 for each seaman carried in violation.

Editorial NotesAmendments

1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: “The owner, charterer, managing operator, agent, or master of a vessel on which a seaman is carried in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $200 for each seaman carried in violation. The vessel also is liable in rem for the penalty.”

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: Pronav Charter II, Inc. v. Nolan, 206 F. Supp. 2d 46 (D. Mass. 2002).
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Pronav Charter II, Inc. v. Nolan, 206 F. Supp. 2d 46 (D. Mass. 2002). “Congress reconsidered the penalty provisions of these sections in 1993, when it removed individual penalty clauses in each section and created the new section 10321, a general penalty section.”
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