(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, §1(16), May 19, 1986, 100 Stat. 446; Pub. L. 104–324, title III, §301(a), (b), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 105–277, div. C, title II, §203(f), Oct. 21, 1998, 112 Stat. 2681–620; Pub. L. 106–31, title III, §3027(b), May 21, 1999, 113 Stat. 101.)
| 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.
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, §301(a), substituted “$10,000” for “$500”.
Subsec. (b). Pub. L. 104–324, §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, §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.
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.