Encl. (3) to COMDTINST 16200.3A
4.
a.
(cont'd) small commercial vessel violators. Violations
by smaller 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: The 72 COLREGS, Inland Navigation Rules, and the
Vessel Bridge-to-Bridge Regulations all provide for
penalties against the operator (master, person in charge,
or person designated by them to pilot or direct the
movement of the vessel) and against the vessel in rem.
b.
Recommended Penalty Ranges. In recommending a penalty
amount for a case being referred to the hearing officer,
consideration should be given to the following areas:
(1)
Size of the vessel;
(2)
Class of vessel (tanker, cargo, barge,
recreational, fishing, commercial trade, towing,
etc.);
(3)
Location of the violation (traffic density,
inland, international);
(4)
Certificate of inspection;
(5)
History of prior offenses;
(6)
Experience as a licensed operator;
(7)
Gravity of the violation (was collision possible?);
(8)
Whether good seamanship was used by the operator;
(9)
The number of violations cited;
(10) Outstanding violations; and
(11) Property or personal damage involved.
c.
Specific considerations. Offshore Traffic Separation
Schemes. For a violation of 33 CFR 167.10, 33 U.S.C.
1232 sets forth 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.
Note: Where tables specify different ranges for commercial
and recreational vessels, commanding officers and district
program managers may use the lower (recreational vessel
range) in recommending civil penalties for small commercial
vessels such as fishing boats.
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