32 CFR § 767.16 - Civil penalties for violations of Act or permit conditions.

---
identifier: "/us/cfr/t32/s767.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 767.16 - Civil penalties for violations of Act or permit conditions."
title_number: 32
title_name: "National Defense"
section_number: "767.16"
section_name: "Civil penalties for violations of Act or permit conditions."
chapter_name: "DEPARTMENT OF THE NAVY"
subchapter_number: "G"
subchapter_name: "MISCELLANEOUS RULES"
part_number: "767"
part_name: "GUIDELINES FOR PERMITTING ARCHAEOLOGICAL INVESTIGATIONS AND OTHER ACTIVITIES DIRECTED AT SUNKEN MILITARY CRAFT AND TERRESTRIAL MILITARY CRAFT UNDER THE JURISDICTION OF THE DEPARTMENT OF THE NAVY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "10 U.S.C. 113 note; Pub. L. 108-375, Title XIV, sections 1401 to 1408, Oct. 28, 2004, 118 Stat. 2094; 5 U.S.C. 301; 16 U.S.C. 470."
regulatory_source: "80 FR 52594, Aug. 31, 2015, unless otherwise noted."
cfr_part: "767"
---


# 767.16 Civil penalties for violations of Act or permit conditions.

(a) *In general.* Any person who violates the SMCA, or any regulation or permit issued thereunder, shall be liable to the United States for a civil penalty.

(b) *Assessment and amount.* The Secretary may assess a civil penalty under this section of not more than $100,000 for each violation.

(c) *Continuing violations.* Each day of a continuing violation of the SMCA or these regulations or any permit issued hereunder constitutes a separate violation.

(d) *In rem liability.* A vessel used to violate the SMCA shall be liable in rem for a penalty for such violation.