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

Regulations last checked for updates: Nov 25, 2024

Title 32 - National Defense last revised: Nov 18, 2024

View all text of Subpart C [§ 767.16 - § 767.27]

§ 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.

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.

source: 80 FR 52594, Aug. 31, 2015, unless otherwise noted.

cite as: 32 CFR 767.16