---
kind: "section"
citation: "33 C.F.R. § 151.04"
title: "33"
number: "151.04"
heading: "Penalties for violation."
url: "https://uscodex.org/cfr/33/151.04"
---

# §151.04. Penalties for violation.

- (a) A person who violates MARPOL 73/78, the Act, or the regulations of this subpart is liable for a civil penalty for each violation, as provided by [33 U.S.C. 1908(b)(1)](/usc/33/1908.md?p=b-1). Each day of a continuing violation constitutes a separate violation.
- (b) A person who makes a false, fictitious statement or fraudulent representation in any matter in which a statement or representation is required to be made to the Coast Guard under MARPOL 73/78, the Act, or the regulations of this subpart, is liable for a civil penalty for each statement or representation, as provided by [33 U.S.C. 1908(b)(2)](/usc/33/1908.md?p=b-2).
- (c) A person who knowingly violates MARPOL 73/78, the Act, or the regulations of this subpart commits a class D felony, as described in [18 U.S.C. 3551](/usc/18/3551.md) et seq. In the discretion of the Court, an amount equal to not more than one-half of the fine may be paid to the person giving information leading to conviction.
- (d) A ship operated in violation of MARPOL 73/78, the Act, or the regulations of this subpart is liable in rem for any civil penalty covered by paragraph [(a)](#a) or [(b)](#b) of this section, or any fine covered by [paragraph (c)](#c) of this section, and may be proceeded against in the United States District Court of any district in which the ship may be found.

## Notes

### Amendments

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992; CGD 96-052, 62 FR 16703, Apr. 8, 1997; USCG-1999-5832, 64 FR 34714, June 29, 1999]

### Authority

Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L. 104-227 (110 Stat. 3034); E.O. 12777, 3 CFR, 1991 Comp. p. 351; Department of Homeland Security Delegation No. 170.1.

### Source

Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1902, 1903, 1908; 46 U.S.C. 6101; 46 U.S.C. 70034; Pub. L. 104-227, 110 Stat. 3034; sec. 623, Pub. L. 108-293, 118 Stat. 1063; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 01.4.

### Amendments

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992; CGD 96-052, 62 FR 16703, Apr. 8, 1997; USCG-1999-5832, 64 FR 34714, June 29, 1999]