Encl. (2) to COMDTINST 16200.3A
3.
b.
Other Measures. For some of the regulations there is
valuable enforcement guidance in Commandant directives, for
example, section 4.N. of reference (a), and Navigation and
Vessel Inspection Circulars (NVIC). These directives
should be consulted for detailed enforcement guidance, not
limited to civil penalties. Immediate Captain of the Port
enforcement actions, such as detention of a vessel in Port,
or ordering a vessel out of U.S. waters, are effective in
achieving compliance, independent of the penalty process.
4.
Civil Penalties
a.
General. The Ports and Waterways Safety Act sets forth at
33 U.S.C. 1232 factors that must be considered when a civil
penalty is assessed. The factors are: the nature,
circumstances, extent and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay,
and other matters that justice requires. These factors do
not apply to the anchorage requirements found in 33 U.S.C.
471.
b.
Table 2-A Recommended Penalty Ranges. As discussed in
paragraph eight of this instruction, these ranges represent
recommended penalties for first time or simple negligence
violations. The purpose of the penalty is to make non-
compliance cost substantially more than compliance;
therefore, the penalty should be more than the cost of
correcting the deficiency in most cases. In most
circumstances the ranges are sufficiently broad to account
for the vessel size and type. This is important because
smaller commercial and recreational vessels pose much less
risk to the environment or public and the threshold at
which the civil penalty becomes substantial to them is much
lower than for a typical corporation.
Note: Where tables specify different ranges for commercial
and recreational vessels, commanding officers and district
program managers may use the lower (recreational range) in
recommending civil penalties for small commercial vessels
such as fishing boats.
Note: The Ports and Waterways Safety Act, 33 U.S.C.
1232(a) provides for civil penalties against the master,
the person in charge, or the person designated by the
master or person in charge to pilot or control the movement
of the vessel. Section 1232(c) provides that any vessel in
violation of the Ports and Waterways Safety Act shall be
liable in rem for any civil penalty assessed pursuant to
section 1232(a) and may be proceeded against in the United
States district court for any district in which such vessel
may be found.
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