republic-os/legal/us/code/title-33/chapter-34/section-2072.md

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LegalText	33 U.S.C. § 2072	Violations of Inland Navigational Rules	us	united_states_code	code_section	33	NAVIGATION AND NAVIGABLE WATERS	34	INLAND NAVIGATIONAL RULES	2072	33 U.S.C. § 2072	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip	/us/usc/t33/s2072	data/legal/raw/us/code/title-33/usc33.xml	5ed4eadd11dcdb40ee3780cb95fb28f3774b9f8beee2478cbfec968169ee26ee	de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523	2e4f6db331b262973e0e8eea98b728e7c8d3535ce91bda4d99f9d24de9dcf253	2026-07-04	official	legal us-code

33 U.S.C. § 2072 - Violations of Inland Navigational Rules

Text

(a) Liability of operator for civil penalty Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation.

(b) Liability of vessel for civil penalty; seizure of vessel Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each 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 the vessel may be found.

(c) Assessment of civil penalty by Secretary; collection The Secretary 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.

(d) Withholding of clearance (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty 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 60105 of title 46.

(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. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433; Pub. L. 104–324, title III, § 312(c), Oct. 19, 1996, 110 Stat. 3920.)

Notes

Editorial Notes

References in TextRule 1, referred to in pars. (a) and (b), was classified to section 2001 of this title, prior to repeal by Pub. L. 108–293, title III, § 303(a), (c), Aug. 9, 2004, 118 Stat. 1042, effective May 17, 2010.

Codification In subsec. (d)(1), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

Amendments1996—Par. (d). Pub. L. 104–324 inserted heading and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the clearance, required by section 91 of title 46, Appendix, of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.”

Statutory Notes and Related Subsidiaries

Effective DateSection effective 12 months after Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.