U.S. Code > Title 50 War and National Defense > CHAPTER 12—VESSELS IN TERRITORIAL WATERS OF UNITED STATES (§§ 191—198) > § 192. Seizure and forfeiture of vessel; fine and imprisonment

§ 192. Seizure and forfeiture of vessel; fine and imprisonment

(a) In general
If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title,[1] or obstructs or interferes with the exercise of any power conferred by this title,[1] the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.
(b) Application to others
If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title,[1] or knowingly obstructs or interferes with the exercise of any power conferred by this title,[1] he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.
(c) Civil penalty
A person violating this title,[1] or a regulation prescribed under this title,[1] shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(d) In rem liability
Any vessel that is used in violation of this title,[1] or of any regulation issued under this title,[1] shall be liable in rem for any civil penalty assessed pursuant to subsection (c) of this section and may be proceeded against in the United States district court for any district in which such vessel may be found.
(e) Withholding of clearance
(1) In general
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c) of this section, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

[1] See References in Text note below.