# § 12151. Penalties
**(a)** **In General.—**
**(1)** **Civil penalties.—** Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.
**(2)** **Activities involving mobile offshore drilling units.—** A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.
**(b)** **Seizure and Forfeiture of Vessels.—** A vessel and its equipment are liable to seizure by and forfeiture to the Government if—
**(1)** the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;
**(2)** a certificate of documentation is knowingly and fraudulently used for the vessel;
**(3)** the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title;
**(4)** the vessel is employed in a trade without an appropriate endorsement;
**(5)** the vessel has only a recreational endorsement and is operated other than for pleasure;
**(6)** the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by section 12131(b) of this title; or
**(7)** the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as required by section 12139(b) of this title.
**(c)** **Engaging in Fishing After Falsifying Eligibility.—** In addition to other penalties under this section, the owner of a documented vessel for which a fishery endorsement has been issued is liable to the Government for a civil penalty of not more than $100,000 for each day the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.
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**Source Credit**: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508; Pub. L. 112–213, title III, § 309, Dec. 20, 2012, 126 Stat. 1566.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 12151(a) | 46:12122(a). | |
| 12151(b) | 46:12122(b). | |
| | 46 App.:14 (last proviso). | R.S. § 4136 (last proviso); Feb. 24, 1915, ch. 57, 38 Stat. 812; Pub. L. 103–182, title VI, § 686(a)(4), Dec. 8, 1993, 107 Stat. 2220. |
| | 46 App.:883a (2d, last sentences). | July 14, 1956, ch. 600, § 2 (2d, last sentences), 70 Stat. 544; Pub. L. 86–583, § 2, July 5, 1960, 74 Stat. 321. |
| 12151(c) | 46:12122(c). | |
In subsection (b), in restating 46 App. U.S.C. 883a (2d, last sentences), the penalty of $200 for the owner and master of the vessel is omitted because subsection (a) provides a general civil penalty for violation of this chapter. The authority to remit or mitigate a penalty under section 2107(b) is omitted because section 2107(b) applies to subtitle II and this section is in subtitle II.
## Editorial Notes
### Amendments
2012—Subsec. (a). designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), a person that violates” for “A person that violates” and “$15,000” for “$10,000”, and added par. (2).