Encl. (1) to COMDTINST 16200.3A
7.
Marine Environmental Protection and Port Safety/Security
Tables of Recommended Penalties.
a.
General. Table 1-D contains recommended penalties for
violations of regulations enforced by the Marine
Environmental Protection and Port Safety and Security
programs. These tables are comprehensive and contain
footnotes at the end of applicable tables. Regulations
not specifically cited are assigned recommended
penalties under the "General" category appearing before
various parts or subparts of regulations.
b.
Multiple Discrepancies. The recommended penalty ranges
in the table apply to a single occurence or "count."
Multiple discrepancies within the violation aggravate
the situation and may call for a higher penalty (e.g.,
many incorrect shipping names on a dangerous cargo
manifest).
c.
Deterrence and Assessments. Stiff civil penalties are
warranted for repeated noncompliance and flagrant first
offenses. Enforcement officers should recommend higher
penalties in these cases. To achieve deterrence, Table
1-D will be used to ensure that higher penalties are
assessed for repeat offenders and flagrant violations.
First offenses of a minor nature should be assessed a
"First Level" penalty. Second offenses of a minor
nature within any 12 month period, or more serious first
offenses, should at least be assessed at the "Second
Level," and may be assessed higher if warranted.
Repeated high frequency violations and flagrant first
offenses should be assessed at or near the "Maximum
Level." The concept of "repeat offenses" should not be
narrowly construed to limit the occasions for higher
penalty assessments. A sequence of two or more various
violations by a particular party may constitute a
"repeat offense." Commanding Officers must address
these matters in their recommendations to the district
commander.
d.
MARPOL Enforcement. Because of the special difficulty
in detecting and enforcing MARPOL regulations at sea,
stiffer penalty levels are warranted for discharges in
violation of MARPOL. MARPOL discharges within the
waters of the U.S. Exclusive Economic Zone (EEZ), and
discharges within Special Areas, have higher recommended
penalty levels. In general, "Maximum Level" penalties
should be recommended for any of these discharges,
unless strong mitigating factors exist, in which case
lower level penalties may be considered.
e.
General Statutory Considerations. The statutes under
which violations are pursued specify factors that must
be considered when assessing a penalty. Each statute
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