1625-0019_StatA

§ 1606

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1606. Special rules for ships of war, vessels proceeding under convoy, and fishing vessels
engaged in fishing as a fleet
(a) The Secretary of the Navy is authorized to
promulgate special rules with respect to additional station or signal lights or whistle signals
for ships of war or vessels proceeding under convoy, and the Secretary of the department in
which the Coast Guard is operating is authorized
to promulgate special rules with respect to additional station or signal lights for fishing vessels
engaged in fishing as a fleet.
(b) The additional station or signal lights or
whistle signals contained in the special rules authorized under subsection (a) of this section
shall be, as far as possible, such that they cannot be mistaken for any light or signal authorized by the International Regulations. Notice of
such special rules shall be published in the Federal Register and, after the effective date specified in such notice, they shall have effect as if
they were a part of the International Regulations.
(Pub. L. 95–75, § 7, July 27, 1977, 91 Stat. 310.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1607. Implementation by rules and regulations;
authority to promulgate
The Secretary of the department in which the
Coast Guard is operating is authorized to promulgate such reasonable rules and regulations
as are necessary to implement the provisions of
this chapter and the International Regulations
proclaimed hereunder.
(Pub. L. 95–75, § 8, July 27, 1977, 91 Stat. 310.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1608. Civil penalties
(a) Liability of vessel operator for violations
Whoever operates a vessel, subject to the provisions of this chapter, in violation of this chapter or of any regulation promulgated pursuant
to section 1607 of this title, shall be liable to a
civil penalty of not more than $5,000 for each
such violation.

Page 548

(b) Liability of vessel for violations; seizure of
vessel
Every vessel subject to the provisions of this
chapter, other than a public vessel being used
for noncommercial purposes, which is operated
in violation of this chapter or of any regulation
promulgated pursuant to section 1607 of this
title, shall be liable to a civil penalty of not
more than $5,000 for each such violation, for
which penalty the vessel may be seized and proceeded against in the district court of the
United States of any district within which such
vessel may be found.
(c) Assessment of penalties; notice; opportunity
for hearing; remission, mitigation, and compromise of penalty; action for collection
The Secretary of the department in which the
Coast Guard is operating may assess any civil
penalty authorized by this section. No such penalty may be assessed until the person charged,
or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing.
For good cause shown, the Secretary may remit,
mitigate, or compromise any penalty assessed.
Upon the failure of the person charged, or the
owner of the vessel charged, to pay an assessed
penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for
collection of the penalty as assessed, without regard to the amount involved, together with such
other relief as may be appropriate.
(Pub. L. 95–75, § 9, July 27, 1977, 91 Stat. 310; Pub.
L. 96–591, § 6(3), (4), Dec. 24, 1980, 94 Stat. 3435.)
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–591, § 6(3), substituted
‘‘$5,000’’ for ‘‘$500’’.
Subsec. (b). Pub. L. 96–591, § 6(4), substituted ‘‘not
more than $5,000’’ for ‘‘$500’’.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

CHAPTER
31—OCEAN
POLLUTION
RESEARCH AND DEVELOPMENT AND MONITORING PLANNING
§§ 1701 to 1709. Repealed. Pub. L. 102–567, title II,
§ 204, Oct. 29, 1992, 106 Stat. 4282
Section 1701, Pub. L. 95–273, § 2, May 8, 1978, 92 Stat.
228; Pub. L. 99–272, title VI, § 6071, Apr. 7, 1986, 100 Stat.
133, provided findings and purposes for chapter.
Section 1702, Pub. L. 95–273, § 3, May 8, 1978, 92 Stat.
228; Pub. L. 99–272, title VI, § 6072(1), Apr. 7, 1986, 100
Stat. 133; Pub. L. 100–636, § 1(1)–(4), Nov. 8, 1988, 102 Stat.
3324, provided definitions for chapter.
Section 1702a, Pub. L. 95–273, § 3A, as added Pub. L.
99–272, title VI, § 6072(2), Apr. 7, 1986, 100 Stat. 133;
amended Pub. L. 100–636, § 1(5)–(7), Nov. 8, 1988, 102 Stat.
3324, provided for a National Ocean Pollution Program
Office and a National Ocean Pollution Policy Board.

Page 577

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Section 2036,
3432, related to
Section 2037,
3432, related to
Section 2038,
3432, related to

Pub.
Rule
Pub.
Rule
Pub.
Rule

L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
36, signals to attract attention.
L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
37, distress signals.
L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
38, exemptions.

EFFECTIVE DATE OF REPEAL
Pub. L. 108–293, title III, § 303(a), (c), Aug. 9, 2004, 118
Stat. 1042, provided that the repeal of this subchapter
by section 303(a) is effective on the effective date of
final regulations prescribed by the Secretary of the Department in which the Coast Guard is operating under
section 2071 of this title. Repeal effective May 17, 2010,
and Inland Navigation Rules moved to 33 CFR part 83.
See 75 F.R. 19544, Apr. 15, 2010.
SHORT TITLE
Section 1 of Pub. L. 96–591 provided: ‘‘That this Act
[enacting this chapter, amending sections 151, 1604,
1605, and 1608 of this title, repealing sections 154 to 159,
171 to 183, 191, 192, 201 to 213, 221, 222, 231, 232, 241 to 244,
251 to 262, 271, 272, 281 to 295, 301 to 303, 311 to 323, 331,
341 to 356, 360, and 360a of this title and sections 526b,
526c, and 526d of former Title 46, Shipping, and enacting
provisions set out as notes under this section] may be
cited as the ‘Inland Navigational Rules Act of 1980’.’’

SUBCHAPTER II—MISCELLANEOUS
PROVISIONS
§ 2071. Inland navigation rules
The Secretary of the Department in which the
Coast Guard is operating may issue inland navigation regulations applicable to all vessels upon
the inland waters of the United States and technical annexes that are as consistent as possible
with the respective annexes to the International
Regulations.
(Pub. L. 96–591, § 3, Dec. 24, 1980, 94 Stat. 3433;
Pub. L. 108–293, title III, § 303(b), Aug. 9, 2004, 118
Stat. 1042.)
REFERENCES IN TEXT
The International Regulations, referred to in text,
came into effect pursuant to the Convention on the
International Regulations for Preventing Collisions at
Sea, 1972. See International Regulations for Preventing
Collisions at Sea, 1972 note under section 1602 of this
title.
AMENDMENTS
2004—Pub. L. 108–293 amended section catchline and
text generally. Prior to amendment, text read as follows: ‘‘The Secretary may issue regulations necessary
to implement and interpret this chapter. The Secretary
shall establish the following technical annexes to these
Rules: Annex I, Positioning and Technical Details of
Lights and Shapes; Annex II, Additional Signals for
Fishing Vessels Fishing in Close Proximity; Annex III,
Technical Details of Sound Appliances; and Annex IV,
Distress Signals. These annexes shall be as consistent
as possible with the respective annexes to the International Regulations. The Secretary may establish
other technical annexes, including local pilot rules.’’

§ 2072

(b) Liability of vessel for civil penalty; seizure of
vessel
Every vessel subject to this chapter, other
than a public vessel being used for noncommercial purposes, that is operated in violation of
this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable
to a civil penalty of not more than $5,000 for
each violation, for which penalty the vessel may
be seized and proceeded against in the district
court of the United States of any district within
which the vessel may be found.
(c) Assessment of civil penalty by Secretary; collection
The Secretary may assess any civil penalty
authorized by this section. No such penalty may
be assessed until the person charged, or the
owner of the vessel charged, as appropriate,
shall have been given notice of the violation involved and an opportunity for a hearing. For
good cause shown, the Secretary may remit,
mitigate, or compromise any penalty assessed.
Upon the failure of the person charged, or the
owner of the vessel charged, to pay an assessed
penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for
collection of the penalty as assessed, without regard to the amount involved, together with such
other relief as may be appropriate.
(d) Withholding of clearance
(1) If any owner, operator, or individual in
charge of a vessel is liable for a penalty under
this section, or if reasonable cause exists to believe that the owner, operator, or individual in
charge may be subject to a penalty under this
section, the Secretary of the Treasury, upon the
request of the Secretary, shall with respect to
such vessel refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance or a permit refused or revoked
under this subsection may be granted upon filing of a bond or other surety satisfactory to the
Secretary.
(Pub. L. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433;
Pub. L. 104–324, title III, § 312(c), Oct. 19, 1996, 110
Stat. 3920.)
REFERENCES IN TEXT
Rule 1, referred to in pars. (a) and (b), was classified
to section 2001 of this title, prior to repeal by Pub. L.
108–293, title III, § 303(a), (c), Aug. 9, 2004, 118 Stat. 1042,
effective May 17, 2010.
CODIFICATION

§ 2072. Violations of Inland Navigational Rules

In subsec. (d)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

(a) Liability of operator for civil penalty
Whoever operates a vessel in violation of this
chapter, or of any regulation issued thereunder,
or in violation of a certificate of alternative
compliance issued under Rule 1 is liable to a
civil penalty of not more than $5,000 for each
violation.

1996—Par. (d). Pub. L. 104–324 inserted heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the
clearance, required by section 91 of title 46, Appendix,
of any vessel, the owner or operator of which is subject
to any of the penalties in this section. Clearance may

AMENDMENTS