Page:United States Statutes at Large Volume 97.djvu/538

 97 STAT. 506 PUBLIC LAW 98-89 —AUG. 26, 1983 (B) includes acquiring title or an interest in riparian or submerged land, and the capital improvement of riparian or submerged land, to increase public access to the waters of the United States. (4) "State recreational boating safety and facilities improve- ment program" means a State recreational boating safety pro- gram, or a State recreational boating facilities improvement program, or both. (5) "State recreational boating safety program" means educa- tion, assistance, and enforcement activities conducted for marine casualty prevention, reduction, and reporting for recre- ational boating. § 2103. Superintendence of the merchant marine The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another ofRcial of the United States Government. In the interests of marine safety and seamen's welfare, the Secre- tary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle and regulations prescribed under this subtitle. § 2104. Delegation (a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers. (b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury. § 2105. Report The Secretary shall provide for the investigation of the operation of this subtitle and of all laws related to marine safety, and shall require that a report be made to the Secretary annually about those matters that may require improvement or amendment. § 2106. Liability in rem When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in a district court of the United States in which the vessel is found. § 2107. Civil penalty procedures (a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or a regulation prescribed under this subtitle for which a civil penalty is provided, is liable to the United States Government for the civil penalty pro- vided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider 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 other matters that justice requires.

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