Pub. L. 104-324, tit. III, sec. 301
CHANGES TO DOCUMENTATION LAWS.
SEC. 301. CHANGES TO DOCUMENTATION LAWS. (a) Civil Penalty.— Section 12122(a) of title 46, United States Code, is amended by striking “$500” and inserting “$10,000”. (b) Seizure and Forfeiture.— (1) In general.— Section 12122(b) of title 46, United States Code, is amended to read as follows: “(b) A vessel and its equipment are liable to seizure by and forfeiture to the United States Government— “(1) when the owner of a vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation about the documentation or when applying for documentation of the vessel; “(2) when a certificate of documentation is knowingly and fraudulently used for a vessel; “(3) when a vessel is operated after its endorsement has been denied or revoked under section 12123 of this title; “(4) when a vessel is employed in a trade without an appropriate trade endorsement; “(5) when a documented vessel with only a recreational endorsement is operated other than for pleasure; or “(6) when a documented vessel, other than a vessel with only a recreational endorsement, is placed under the command of a person not a citizen of the United States.”. (2) Conforming amendment.— Section 12122(c) of title 46, United States Code, is repealed. (c) Limitation on Operation of Vessel With Only Recreational Endorsement.— Section 12110(c) of title 46, United States Code, is amended to read as follows: “(c) A vessel with only a recreational endorsement may not be operated other than for pleasure.”. (d) Termination of Restriction on Command of Recreational Vessels.— (1) Termination of restriction.— Subsection (d) of section 12110 of title 46, United States Code, is amended by inserting “, other than a vessel with only a recreational endorsement,” after “A documented vessel”; and (2) Conforming amendments.— (A) Section 12111(a)(2) of title 46, United States Code, is amended by inserting before the period the following: “in violation of section 12110(d) of this title”. (B) Section 317 of Public Law 101–595 is amended by striking “and 12111” and inserting “12111, and 12122(b)”. 110 STAT. 3917 (e) Fishery Endorsements.— Section 12108 of title 46, United States Code, is amended by adding at the end the following: “(d) A vessel purchased by the Secretary of Commerce through a fishing capacity reduction program under the Magnuson Fishery Conservation Management Act (16 U.S.C. 1801 et seq.) or section 308 of the Interjurisdictional Fisheries Act (16 U.S.C. 4107) is not eligible for a fishery endorsement, and any fishery endorsement issued for that vessel is invalid.”.