Page:United States Statutes at Large Volume 102 Part 5.djvu/742

 102 STAT. 4748

PUBLIC LAW 100-710—NOV. 23, 1988

"(b)(1) A person that knowingly violates section 31328 or 31329 of this title shall be fined under title 18, imprisoned for not more than 3 years, or both. "(2) A person violating section 31328 or 31329 of this title is liable to the Government for a civil penalty of not more than $25,000. "(3) A vessel involved in a violation under section 31328 or 31329 of this title and its equipment may be seized by, and forfeited to, the Government. "(c) If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section. "SUBCHAPTER HI—MARITIME LIENS "§31341. Persons presumed to have authority to procure necessaries "(a) The following persons are presumed to have authority to procure necessaries for a vessel: "(1) the owner; "(2) the master; "(3) a person entrusted with the mangement of the vessel at the port of supply; or "(4) an officer or agent appointed by— "(A) the owner; "(B) a charterer; "(C) an owner pro hac vice; or "(D) an agreed buyer in possession of the vessel. "(b) A person tortiously or unlawfully in possession or charge of a vessel has no authority to procure necessaries for the vessel. "§ 31342. Establishing maritime liens "A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title or a person authorized by the owner— "(1) has a maritime lien on the vessel; "(2) may bring a civil action in rem to enforce the lien; and "(3) is not required to allege or prove in the action that credit was given to the vessel. "§ 31343. Recording and discharging liens on preferred mortgage vessels "(a) Except as provided under subsection (d) of this section, a person claiming a lien on a vessel covered by a preferred mortgage filed or recorded under this chapter may record with the Secretary of Transportation a notice of that person's lien claim on the vessel. To be recordable, the notice must— "(1) state the nature of the lien; "(2) state the date the lien was established; "(3) state the amount of the lien; "(4) state the name and address of the person; and "(5) be signed and acknowledged. "(b) The Secretary shall record a notice complying with subsection (a) of this section. "(c) On full and final discharge of the indebtedness that is the basis for a claim recorded under subsection (b) of this section, on request of the Secretary or owner, the person having the claim shall

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