Page:United States Statutes at Large Volume 94 Part 3.djvu/814

 94 STAT. 3458 46 USC 65t.

PUBLIC LAW 96-594—DEC. 24, 1980

SEC. 122. REPORTS.

To insure compliance with this title and the laws governing the qualifications of vessels to engage in the coastwise trade and the fisheries, the Secretary may require owners and masters of documented vessels to submit reports in any reasonable form and manner he may prescribe. 46 USC 65u.

SEC. 123. VIOLATIONS; PENALTY.

(a) Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated this title or a regulation issued hereunder shall be liable to the United States for a civil penalty, not to exceed $500 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of the penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of the 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. (b) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty under this section. (c) 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 for collection in any appropriate district court of the United States. 46 USC 65v.

SEC. 124. DELEGATIONS AND REGULATIONS.

The Secretary may— (1) delegate, and authorize successive redelegations of, any of the duties or powers conferred on him by this title; and (2) prescribe regulations to carry out this title. Definitions.

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SEC. 125. RELATED TERMS IN OTHER LAWS.

With respect to the documentation of a vessel whenever used in any law, regulation, document ruling, or other official act— (1) "certificate of registry", "registry", and "register" mean a registry as provided for in section 110 of this title; (2) "license", "enrollment and license", "license for the coastwise (or coasting) trade", and "enrollment and license for the coastwise (or coasting) trade" mean a coastwise license as provided for in section 111 of this title; (3) "enrollment and license to engage in the foreign and coastwise (or coasting) trade on the northern, northeastern, and northwestern frontiers, otherwise than by sea" means a Great Lakes license as provided for in section 112 of this title; (4) "license for the fisheries" and "enrollment and license for the fisheries" mean a fishery license as provided for in section 113 of this title; and (5) "yacht" means a pleasure vessel whether or not documented.

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