Page:United States Statutes at Large Volume 92 Part 2.djvu/209

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1489

"(12) MODIFICATIONS.—The Secretary may modify any regulation or standard prescribed under this section to conform to the provisions of an international treaty, convention, agreement, or an amendment thereto, which is ratified by the United States. "(13)

PROHIBITED ACTS.—

"(A) It is unlawful for any person— "(i) to violate any provision of this section or any regulation issued under this section; or "(ii) to refuse to permit any officer, authorized by the Secretary to enforce the provisions of this section, to board any vessel or to enter any shore area, place, or premises, under such person's control for purposes of inspection under this section; or "(iii) to refuse to obey any lawful directive issued under this section. "(B) It is unlawful for any vessel subject to the provision of this section— "(i) to operate in or on the navigable waters of the United States, or to use any port or place subject to the jurisdiction of the United States, while not in compliance with any provision of this section or any regulation issued hereunder; or "(ii) to fail to comply with any lawful directive issued pursuant to this section. "(14)

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ENFORCEMENT.— "(A) CIVIL PENALTY.—

"(i) Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated this section 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. "(ii) 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, "(iii) 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.—

"(i) Any person who willfully and knowingly violates this section 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. "(ii) Any person who, in the willful and knowing violation of this section or any regulation issued hereunder, uses

39-194 O—80—pt. 2

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