Page:United States Statutes at Large Volume 120.djvu/1539

 120 STAT. 1508

PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(3) TIMING OF SUBMISSION.—If the rebuilding is completed in the United States, the report shall be submitted when the rebuilding is completed. If the rebuilding is completed outside the United States, the report shall be submitted when the vessel first arrives at a port in the customs territory of the United States. ‘‘SUBCHAPTER IV—PENALTIES

‘‘§ 12151. Penalties ‘‘(a) IN GENERAL.—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 a continuing violation is a separate violation. ‘‘(b) SEIZURE AND FORFEITURE OF VESSELS.—A vessel and its equipment are liable to seizure by and forfeiture to the Government if— ‘‘(1) the owner of the 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 of the vessel or in applying for documentation of the vessel; ‘‘(2) a certificate of documentation is knowingly and fraudulently used for the vessel; ‘‘(3) the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title; ‘‘(4) the vessel is employed in a trade without an appropriate endorsement; ‘‘(5) the vessel has only a recreational endorsement and is operated other than for pleasure; ‘‘(6) the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by section 12131(b) of this title; or ‘‘(7) the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as required by section 12139(b) of this title. ‘‘(c) ENGAGING IN FISHING AFTER FALSIFYING ELIGIBILITY.— In addition to other penalties under this section, the owner of a documented vessel for which a fishery endorsement has been issued is liable to the Government for a civil penalty of not more than $100,000 for each day the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone, 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, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement. ‘‘§ 12152. Denial or revocation of endorsement for non-payment of civil penalty ‘‘If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel under this chapter.’’.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00252

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�