WATERWAYS MANAGEMENT CIVIL PENALTIES
1.
Purpose. The purpose of the Waterways Management Program is to
promote safe and environmentally sound use of U.S. waterways by
multiple users.
2.
Background. One of the primary tools, available to the Coast
Guard in its role as "America's Waterway Manager" is through
enforcement, using civil penalties, of Statutory and Regulatory
requirements as set forth in Title 33, United States Code,
including The Ports and Waterways Safety Act and The Oil
Pollution Act of 1990. The major sections are:
a.
Navigation Safety Regulations (33 CFR Part 164). These
regulations set standards for vessel operating practices,
installation and use of electronic navigation equipment,
current charts and publications, and machinery redundancy
in critical operating systems. The regulations apply to
virtually all self-propelled vessels 1600 gross register
tons (GRT) and above to varying degrees, depending upon
size, type cargo, and date of construction.
b.
Vessel Traffic Management Regulations (33 CFR Part 161).
These regulations are administered to facilitate the safe
and efficient transit of vessel traffic within the
navigable waters of the Vessel Traffic Service (VTS) Area
or Cooperative Vessel Traffic Management Systems (CVTMS)
Area so as to reduce the potential for collisions,
groundings, rammings, and the loss of lives, property and
environmental harm associated with these incidents.
c.
Anchorage Regulations, (33 CFR Part 110), Inland
Navigation Regulations (33 CFR Part 162) &
Regulated Navigation Areas (33 CFR Part 165). These
regulations address individual waterways and safety of
navigation in specific waterways where the nature of
maritime commerce and/or geography or hydrography create
hazards to navigation and the potential for injury,
environmental harm, and property damage. These regulations
apply only within the areas defined in the regulations.
3.
Enforcement
Warnings. Coast Guard Boarding Officers and Inspectors are
a.
authorized to issue warnings for minor violations, if the
observed violation is a FIRST OFFENSE, and there is a
willingness on the part of the violator to promptly correct
the problem. Warnings may be especially appropriate for
recreational boaters who unknowingly violate regulation.
The Marine Safety Manual prohibits issuing warnings where
the operator is required to be licensed, required safety
equipment is not on board, or if the inspector/boarding
officer notes three or more violations.
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