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8 



1 regulations thereunder shall be fined not more than $10,000 



2 for each violation or imprisoned not more than one year, or 



3 both. 



4 " (b) In addition to any other penalty prescribed by law 



5 any person who willfully or negligently discharges oil or oily 



6 mixture from a ship in violation of this Act or any regula- 



7 tion thereunder shall be liable to a civil penalty of not more 



8 than $10,000 for each violation and any person who other- 



9 wise violates this Act or any regulation thereunder shall be 



10 liable to a civil penalty of not more than $5,000 for each 



11 violation. 



12 "(c) A ship from which oil or oily mixture is dis- 



13 charged in violation of this Act or any regulation thereunder 



14 is liable for any pecuniary penalty under this section and 



15 may be proceeded against in the district court of any district 



16 in which the vessel may be found. 



17 "(d) The Secretary may assess any civil penalty in- 



18 curred under this Act or any regulation thereunder and, in 



19 his discretion, remit, mitigate, or compromise any penalty. 



20 No penalty may be assessed unless the alleged violator 



21 shall have been given notice and the opportunity to be heard 



22 on the alleged violation. Upon any failure to pay a civil 



23 penalty assessed under this Act, the Secretary may request 



24 the Attorney General to institute a civil action to collect the 



25 penalty. In hearing such action, the district court shall have 



