Page:United States Statutes at Large Volume 98 Part 3.djvu/1025

 PUBLIC LAW 98-623—NOV. S, 1984

98 STAT. 3397

with respect to an artificial reef and for which such permittee may be hable. (4) Any person who has transferred title to artificial reef construction materials to a person to whom a permit is issued in accordance with subsection (a) shall not be liable for damages arising from the use of such materials in an artificial reef, if such materials meet applicable requirements of the plan published under section 204 and are not otherwise defective at the time title is transferred. (d) LiABiliTY OF THE UNITED STATES.—Nothing in this title creates any liability on the part of the United States. (e) CIVIL PENALTY.—Any person who, after notice and an opportu-

nity for a hearing, is found to have violated any provision of a permit issued in accordance with subsection (a) shall be liable to the United States for a civil penalty, not to exceed $10,000 for each violation. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation. 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. 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. SEC. 206. DEFINITIONS. For purposes of this title— (1) The term "artificial r e e f means a structure which is constructed or placed in waters covered under this title for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. (2) The term "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam, Johnston Island, Midway Island, and Wake Island. (3) The term "waters covered under this title" means the navigable waters of the United States and the waters superjacent to the Outer Continental Shelf as defined in section 2 of the Outer Contmental Shelf Lands Act (43 U.S.C. section 1331), to the extent such waters exist in or are adjacent to any State.

33 USC 2105.

SEC. 207. USE OF CERTAIN VESSELS AS ARTIFICIAL REEFS. The Act entitled "An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce and for other purposes", approved August 22, 1972 (16 U.S.C. 1220-1220C), is amended— (1) by striking out "Liberty" each place it appears in sections 3, 4, 5, and 6 and inserting in lieu thereof "obsolete"; (2) by striking out "Commerce" in section 3 and inserting in 16 USC 1220. lieu thereof "Transportation"; (3) by striking out "shall" in the matter preceding paragraph 16 USC 1220a. (1) in section 4 and inserting in lieu thereof "may", and (4) by adding at the end thereof the following new section: "SEC. 7. For purposes of sections 3, 4, 5, and 6, the term 'obsolete 16 USC I220d. ship' means any vessel owned by the Department of Transportation that has been determined to be of insufficient value for commercial or national defense purposes to warrant its maintenance and preser-

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