§767.16. Civil penalties for violations of Act or permit conditions.
32 C.F.R. § 767.16
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.
Assessment and amount. The Secretary may assess a civil penalty under this section of not more than $100,000 for each violation.
Continuing violations. Each day of a continuing violation of the SMCA or these regulations or any permit issued hereunder constitutes a separate violation.
In rem liability. A vessel used to violate the SMCA shall be liable in rem for a penalty for such violation.
Notes, amendments, and revision history
Authority
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
Source: 80 FR 52594, Aug. 31, 2015, unless otherwise noted.