1625-0001 Stat/Authority

Page 491

§ 2302

TITLE 46—SHIPPING

on waters subject to the jurisdiction of the United States.
Any vessel owned in the United States while operating
on the high seas would be included. By ownership the
Committee means those vessels that are documented or
numbered under United States laws and those other vessels that are neither documented or numbered but are of
national origin and are not documented under the laws
of a foreign nation. This chapter is applicable to a foreign flag vessel that is in innocent passage through territorial waters of the United States, presently 3 miles
seaward, whether or not it is bound to or from a port
subject to the jurisdiction of the United States.
References in Text
Presidential Proclamation No. 5928, referred to in text,
is set out under section 1331 of Title 43, Public Lands.
Amendments
2006—Pub. L. 109–304 substituted “sections 2304 and”
for “section”.
1998—Pub. L. 105–383 inserted “(including the territorial sea of the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988)” after “of
the United States”.
1984—Pub. L. 98–498 substituted “Except as provided in
section 2306 of this title, this chapter” for “This chapter”.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–498 effective 180 days after
Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as
an Effective Date note under section 2306 of this title.

§ 2302. Penalties for negligent operations and
interfering with safe operation
(a) A person operating a vessel in a negligent
manner or interfering with the safe operation of a
vessel, so as to endanger the life, limb, or property of a person is liable to the United States
Government for a civil penalty of not more than
$5,000 in the case of a recreational vessel, or $25,000
in the case of any other vessel.
(b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or
property of a person commits a class A misdemeanor.
(c) An individual who is under the influence of
alcohol, or a dangerous drug in violation of a law
of the United States when operating a vessel, as
determined under standards prescribed by the Secretary by regulation—
(1) is liable to the United States Government
for a civil penalty of not more than $5,000; or
(2) commits a class A misdemeanor.
(d) For a penalty imposed under this section,
the vessel also is liable in rem unless the vessel
is—
(1) owned by a State or a political subdivision
of a State;
(2) operated principally for governmental purposes; and
(3) identified clearly as a vessel of that State
or subdivision.
(e)(1) A vessel may not transport Governmentimpelled cargoes if—
(A) the vessel has been detained and determined to be substandard by the Secretary for
violation of an international safety convention
to which the United States is a party, and the
Secretary has published notice of that detention and determination in an electronic form,
including the name of the owner of the vessel;
or

(B) the operator of the vessel has on more
than one occasion had a vessel detained and determined to be substandard by the Secretary
for violation of an international safety convention to which the United States is a party, and
the Secretary has published notice of that detention and determination in an electronic form,
including the name of the owner of the vessel.
(2) The prohibition in paragraph (1) expires for
a vessel on the earlier of—
(A) 1 year after the date of the publication in
electronic form on which the prohibition is based;
or
(B) any date on which the owner or operator
of the vessel prevails in an appeal of the violation of the relevant international convention on
which the detention is based.
(3) As used in this subsection, the term “Government-impelled cargo” means cargo for which a
Federal agency contracts directly for shipping by
water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, loan, or loan guarantee, resulting in
shipment of the cargo by water.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L.
98–557, § 7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L.
101–380, title IV, §§ 4105(b)(2), 4302(a), Aug. 18, 1990,
104 Stat. 513, 537; Pub. L. 102–587, title V, § 5102,
Nov. 4, 1992, 106 Stat. 5071; Pub. L. 105–383, title
III, §§ 302(a), 304(c), title IV, § 408(a), Nov. 13, 1998,
112 Stat. 3417, 3419, 3430; Pub. L. 107–295, title III,
§ 325, Nov. 25, 2002, 116 Stat. 2105.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2302(a) ................................. 46:1461(d)
46:1484(b)
2302(b) ................................. 46:1461(d)
46:1483
2302(c) .................................. 46:1484(b)

Section 2302 states that the negligent operation of a
vessel is prohibited. These acts are subject to civil and
criminal penalties and the involved vessel is subject to
an in rem action. The negligent operation provisions have
their genesis in the Act of April 25, 1940, 54 Stat. 167,
when Congress prescribed that no person shall operate
any motorboat or any vessel in a reckless or negligent
manner. This provision was directed at all vessels and
not those solely engaged in recreational boating. When
the Federal Boat Safety Act of 1971, P.L. 92–75, 85 Stat.
217 (46 U.S.C. 1461) was enacted it adopted the reckless or
negligent operation provisions of the 1940 Act. It adopted
for the first time a provision for assessing civil penalties
in addition to criminal penalties. It dropped the word
“reckless” because of redundancy. It also combined the
two classes of vessels; “any motorboat or any vessel”
into one class by using the word “vessel” and defined
vessel as including every description of watercraft.
Amendments
2002—Subsec. (a). Pub. L. 107–295 substituted “$5,000 in
the case of a recreational vessel, or $25,000 in the case of
any other vessel” for “$1,000”
1998—Pub. L. 105–383, § 302(a)(1), substituted “Penalties
for negligent operations and interfering with safe operation” for “Penalties for negligent operations” in section
catchline.
Subsec. (a). Pub. L. 105–383, § 302(a)(2), substituted “or
interfering with the safe operation of a vessel, so as to
endanger” for “that endangers”.
Subsec. (c)(1). Pub. L. 105–383, § 304(c), substituted “$5,000;
or” for “$1,000 for a first violation and not more than
$5,000 for a subsequent violation; or”.

§ 2303

TITLE 46—SHIPPING

Subsec. (e). Pub. L. 105–383, § 408(a), added subsec. (e).
1992—Subsec. (c)(1). Pub. L. 102–587 substituted “$1,000
for a first violation and not more than $5,000 for a subsequent violation” for “$1,000”.
1990—Subsec. (b). Pub. L. 101–380, § 4302(a)(1), substituted “commits a class A misdemeanor” for “shall be fined
not more than $5,000, imprisoned for not more than one
year, or both”.
Subsec. (c). Pub. L. 101–380, §§ 4105(b)(2), 4302(a)(2)(A),
substituted “under the influence of alcohol, or a dangerous drug in violation of a law of the United States” for
“intoxicated” and struck out “, shall be” after “by the
Secretary by regulation”.
Subsec. (c)(1). Pub. L. 101–380, § 4302(a)(2)(B), substituted “is liable” for “liable”.
Subsec. (c)(2). Pub. L. 101–380, § 4302(a)(2)(C), amended
par. (2) generally. Prior to amendment, par. (2) read as
follows: “fined not more than $5,000, imprisoned for not
more than one year, or both.”
1984—Subsecs. (c), (d). Pub. L. 98–557 added subsec. (c)
and redesignated former subsec. (c) as (d).
Effective Date of 1998 Amendment
Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat.
3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1,
1999.”
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of Title 33, Navigation and Navigable Waters.

§ 2303. Duties related to marine casualty assistance and information
(a) The master or individual in charge of a vessel involved in a marine casualty shall—
(1) render necessary assistance to each individual affected to save that affected individual
from danger caused by the marine casualty, so
far as the master or individual in charge can do
so without serious danger to the master’s or individual’s vessel or to individuals on board; and
(2) give the master’s or individual’s name and
address and identification of the vessel to the
master or individual in charge of any other vessel involved in the casualty, to any individual
injured, and to the owner of any property damaged.
(b) An individual violating this section or a regulation prescribed under this section shall be fined
not more than $1,000 or imprisoned for not more
than 2 years. The vessel also is liable in rem to
the United States Government for the fine.
(c) An individual complying with subsection (a)
of this section or gratuitously and in good faith
rendering assistance at the scene of a marine casualty without objection by an individual assisted,
is not liable for damages as a result of rendering
assistance or for an act or omission in providing
or arranging salvage, towage, medical treatment,
or other assistance when the individual acts as an
ordinary, reasonable, and prudent individual would
have acted under the circumstances.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2303(a) ................................. 33:367
46:1465(a)
2303(b) ................................. 33:368
2303(c) .................................. 46:1465(b)

Page 492

Section 2303 requires a master or anyone in charge of
a vessel to provide assistance and render aid to those
involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It
also includes a “Good Samaritan” clause that exonerates
anyone from liability when rendering assistance in an
ordinary, reasonable, or prudent manner.

§ 2303a. Post serious marine casualty alcohol testing
(a) The Secretary shall establish procedures to
ensure that after a serious marine casualty occurs, alcohol testing of crew members or other
persons responsible for the operation or other safetysensitive functions of the vessel or vessels involved
in such casualty is conducted no later than 2 hours
after the casualty occurs, unless such testing cannot be completed within that time due to safety
concerns directly related to the casualty.
(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed
within 2 hours of the occurrence of the casualty,
such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have
been adequately addressed to permit such testing, except that such testing may not be required
more than 8 hours after the casualty occurs.
(Added Pub. L. 105–383, title III, § 304(d)(1), Nov. 13,
1998, 112 Stat. 3419.)
§ 2304. Duty to provide assistance at sea
(a)(1) A master or individual in charge of a vessel shall render assistance to any individual found
at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel
or individuals on board.
(2) Paragraph (1) does not apply to a vessel of
war or a vessel owned by the United States Government appropriated only to a public service.
(b) A master or individual violating this section
shall be fined not more than $1,000, imprisoned
for not more than 2 years, or both.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509; Pub. L.
109–304, § 15(8), Oct. 6, 2006, 120 Stat. 1703.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2304 ..................................... 46:728

Section 2304 requires a master or individual in charge
of a vessel to render assistance to those in danger at sea
if able to do so without seriously endangering the vessel
or crew.
Amendments
2006—Subsec. (a). Pub. L. 109–304 designated existing
provisions as par. (1) and added par. (2).

§ 2305. Injunctions
(a) The district courts of the United States have
jurisdiction to enjoin the negligent operation of
vessels prohibited by this chapter on the petition
of the Attorney General for the United States Government.
(b) When practicable, the Secretary shall—
(1) give notice to any person against whom an
action for injunctive relief is considered under
this section an opportunity to present that person’s views; and