46 U.S.C. § 2302

Penalties for negligent operations and interfering with safe operation

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(a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel.(b)Grossly Negligent Operation.—(1)Misdemeanor.—A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.(2)Felony.—A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—(A) commits a class E felony; and(B) may be assessed a civil penalty of not more than $35,000.(c) An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation—(1) is liable to the United States Government for a civil penalty of not more than $5,000; or(2) commits a class A misdemeanor.(d) For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is—(1) owned by a State or a political subdivision of a State;(2) operated principally for governmental purposes; and(3) identified clearly as a vessel of that State or subdivision.(e)(1) A vessel may not transport Government-impelled cargoes if—(A) the vessel has been detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel; or(B) the operator of the vessel has on more than one occasion had a vessel detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel.(2) The prohibition in paragraph (1) expires for a vessel on the earlier of—(A) 1 year after the date of the publication in electronic form on which the prohibition is based; or(B) any date on which the owner or operator of the vessel prevails in an appeal of the violation of the relevant international convention on which the detention is based.(3) As used in this subsection, the term “Government-impelled cargo” means cargo for which a Federal agency contracts directly for shipping by water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, loan, or loan guarantee, resulting in shipment of the cargo by water.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98–557, § 7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101–380, title IV, §§ 4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513, 537; Pub. L. 102–587, title V, § 5102, Nov. 4, 1992, 106 Stat. 5071; Pub. L. 105–383, title III, §§ 302(a), 304(c), title IV, § 408(a), Nov. 13, 1998, 112 Stat. 3417, 3419, 3430; Pub. L. 107–295, title III, § 325, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 119–60, div. G, title LXXIII, § 7311, Dec. 18, 2025, 139 Stat. 1759.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
2302(a)	46:1461(d) 46:1484(b)
2302(b)	46:1461(d) 46:1483
2302(c)	46:1484(b)

Section 2302 states that the negligent operation of a vessel is prohibited. These acts are subject to civil and criminal penalties and the involved vessel is subject to an in rem action. The negligent operation provisions have their genesis in the Act of April 25, 1940, 54 Stat. 167, when Congress prescribed that no person shall operate any motorboat or any vessel in a reckless or negligent manner. This provision was directed at all vessels and not those solely engaged in recreational boating. When the Federal Boat Safety Act of 1971, P.L. 92–75, 85 Stat. 217 (46 U.S.C. 1461) was enacted it adopted the reckless or negligent operation provisions of the 1940 Act. It adopted for the first time a provision for assessing civil penalties in addition to criminal penalties. It dropped the word “reckless” because of redundancy. It also combined the two classes of vessels; “any motorboat or any vessel” into one class by using the word “vessel” and defined vessel as including every description of watercraft.

Editorial NotesAmendments

2025—Subsec. (b). Pub. L. 119–60 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.”

2002—Subsec. (a). Pub. L. 107–295 substituted “$5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel” for “$1,000”

1998—Pub. L. 105–383, § 302(a)(1), substituted “Penalties for negligent operations and interfering with safe operation” for “Penalties for negligent operations” in section catchline.

Subsec. (a). Pub. L. 105–383, § 302(a)(2), substituted “or interfering with the safe operation of a vessel, so as to endanger” for “that endangers”.

Subsec. (c)(1). Pub. L. 105–383, § 304(c), substituted “$5,000; or” for “$1,000 for a first violation and not more than $5,000 for a subsequent violation; or”.

Subsec. (e). Pub. L. 105–383, § 408(a), added subsec. (e).

1992—Subsec. (c)(1). Pub. L. 102–587 substituted “$1,000 for a first violation and not more than $5,000 for a subsequent violation” for “$1,000”.

1990—Subsec. (b). Pub. L. 101–380, § 4302(a)(1), substituted “commits a class A misdemeanor” for “shall be fined not more than $5,000, imprisoned for not more than one year, or both”.

Subsec. (c). Pub. L. 101–380, §§ 4105(b)(2), 4302(a)(2)(A), substituted “under the influence of alcohol, or a dangerous drug in violation of a law of the United States” for “intoxicated” and struck out “, shall be” after “by the Secretary by regulation”.

Subsec. (c)(1). Pub. L. 101–380, § 4302(a)(2)(B), substituted “is liable” for “liable”.

Subsec. (c)(2). Pub. L. 101–380, § 4302(a)(2)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “fined not more than $5,000, imprisoned for not more than one year, or both.”

1984—Subsecs. (c), (d). Pub. L. 98–557 added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat. 3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1, 1999.”

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.

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 1986–2026 · leading case: State v. Ritchie, 590 So. 2d 1139 (La. 1991).

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State v. Ritchie, 590 So. 2d 1139 (La. 1991). · cites it 3× “The relator alternatively argues that "gross negligence" as provided in 46 U.S.C.A. § 2302 [3] is the correct standard of proof.”

United States v. Pedro Rivera, 131 F.3d 222 (1st Cir. 1997). · cites it 2× “A person who operates a vessel in a grossly negligent manner “that endangers the life, limb, or property of a person” commits a misdemeanor under 46 U.S.C. § 2302 (b). Prosecutors often have a range of statutory choices in bringing charges, and the historical neglect of section…”

Green v. United States Coast Guard, 642 F. Supp. 638 (N.D. Ill. 1986). · cites it 3× “The Chicago branch of the Coast Guard Marine Safety Office investigated the incident and determined that it was caused by Green’s negligent operation of the Par-green Sails in violation of 46 U.S.C. § 2302 (a) 1 (A.R. 35-39). 2 This information was transmitted to the Coast Guard…”

Tennessee Valley Auth. v. Vulcan Materials Co., 956 F. Supp. 1384 (W.D. Tenn. 1997). · cites it 4× “7 It is undisputed that the party charged with a violation of 46 U.S.C. § 2302 (a) does not have the right to cross-examine the Coast Guard officer who prepared the investigation report.”

Harry J. Williams v. United States Dep't of Transp. & United States Coast Guard, 781 F.2d 1573 (11th Cir. 1986). “46 U.S.C. § 2302 (a) (Supp 1 1983), which is the recodified section 1461(d), remains applicable to all persons and all vessels.”

Seymore v. Lake Tahoe Cruises, Inc., 888 F. Supp. 1029 (E.D. Cal. 1995). “At oral argument, defendants conceded that Seymore could state a federal maritime wrongful termination claim, but argued that he could recover only if he proved that the vessel was actually unseaworthy.”

Bautista v. Star Cruises, 696 F. Supp. 2d 1274 (S.D. Fla. 2010). “On May 2, 2008, a one count criminal information was filed against NCL, alleging that NCL operated a vessel in a grossly negligent manner in violation of 46 U.S.C. § 2302 (b). 5 On May 21, 2008, NCL pled guilty to the one count misdemeanor.”

United States v. Jensen, 93 F.3d 667 (9th Cir. 1996). “The government then moved to dismiss the indictments and substitute informations charging Jensen and Peterson with two counts, and Clifford with one count, of operating a vessel in a grossly negligent manner, 46 U.S.C. § 2302 (b). The district court granted the government’s…”

Velez-Amador v. Schultz (D.P.R. 2023). · cites it 5× “Defendants OPINION AND ORDER This is an action to review a decision made by the United States Coast Guard (“USCG”) assessing a $1,000 penalty against Ricardo Vélez-Amador (“Vélez-Amador”) for the negligent operation of a vessel under 46 U.S.C. § 2302 (a). Pending before the…”

United States v. Kenneth McKee, 68 F.4th 1100 (8th Cir. 2023). · cites it 6× “On December 3, 2020, the district court granted Defendants’ motion to dismiss, adopting a report and recommendation that concluded the prescriptive reaches of 18 U.”

Monet v. State of Hawaii (D. Haw. 2022). · cites it 3× “14, 2021 notice from the DLNR Division of Boating and Ocean Recreation (“DOBOR” and “7/14/21 Notice”) was addressed “To Whom It May Concern,” but Plaintiff admits that he 7 Liberally construing the First Amended Complaint, Count VI asserts a § 1983 claim alleging that § 200-9(f)…”

United States v. Water Quality Ins. Syndicate, 324 F. Supp. 2d 100 (D. Me. 2004). · cites it 2× “On October 17, 2000, Gogola pleaded guilty to and was convicted of one count of operating a commercial fishing vessel in a grossly negligent manner, in violation of 46 U.S.C. § 2302 (b) and 33 C.F.R. §§ 95.”

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