Page:United States Statutes at Large Volume 92 Part 2.djvu/198

 92 STAT. 1478 Consultation and comments.

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33 USC 1232.

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PUBLIC LAW 95-474—OCT. 17, 1978 " (b) PROCEDURES.—The Secretary, in the exercise of this regulatory authority, shall establish procedures for consulting with, and receiving and considering the views of all interested parties, including— " (1) interested Federal departments and agencies, " f 2) officials of State and local governments, "(3) representatives of the maritime commrmity, "(4) representatives of port and harbor authorities or associations, " (5) representatives of environmental groups, "(6) any other interested parties who are knowledgeable or ' experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment, and "(7) advisory committees consisting of all interested segments 1 of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial. "SEC. 13. ENFORCEMENT. " (a) CIVIL PENALTY.— (1) Any person who is found by the Secre-

tary, after notice and an opportunity for a hearing, to have violated this Act or a regulation issued hereunder shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. "(2) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. "(3) If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States. "(b) CRIMINAL PENALTY.—(1) Any person who willfully and knowingly violates this Act or any regulation issued hereunder shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both. "(2) Any person who, in the willfull and knowing violation of this Act or of any regulation issued hereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this Act or the regulations issued hereunder, shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $100,000, or imprisoned for not more than ten years, or both. "(c) I N REM LIABILITY.—Any vessel subject to the provisions of this Act, which is used in violation of this Act, or any regulations issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found. "(d) INJUNCTION.—The United States district courts shall have

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