9.
c.
Negligent acts may be divided into several broad
categories. The first covers situations in which the
act by its nature was obviously negligent, such as
operating a vessel while intoxicated. A second category
includes those instances in which a presumption of
negligence arises, such as when a grounding occurs
outside a marked channel. A third category encompasses
those instances in which the standard of care must be
established against which the act or omission can be
compared. A standard of care may be established either
through the existence of applicable legal precedents and
standards, or by statements made by qualified
individuals concerning what their actions would have
been under similar circumstances (i.e., expert
witnesses).
d.
Unless the negligence is minimal, negligent acts warrant
civil penalty action, and/or other remedial action. In
evaluating cases for negligence, care must be exercised
to determine whether a specific violation of law or
regulation has occurred for which a civil penalty
provision exists other than that contained in 46 U.S.C.
2302. If so, initiation of civil penalty action for
that specific offense is generally preferable to one
citing negligent operation of a vessel. In some cases,
citing both a specific offense and negligent operation
may be appropriate.
10. Reporting Requirements.
a.
Statutory authority and requirements for marine casualty
reporting are contained in 46 U.S.C. Chapter 61.
Regulatory requirements are contained in 33 CFR Parts
146, 150 and 173, and 46 CFR Parts 4, 26, 35, 78, 97,
109, 167, 185, 196 and 197.
b.
Statutory authority and requirements for owner/operators
to report vessels either unheard from or overdue are
contained in 46 U.S.C. Section 2306. Regulatory
requirements are contained in 46 CFR 4.04.
c.
Failure to submit such reports as required warrants the
initiation of civil penalty action and/or other remedial
action.
11. Outer Continental Shelf Activities.
a.
Statutory authority and requirements for units engaged
in OCS activities are contained in 43 U.S.C. Chapter 29
and in 46 U.S.C. Subtitle II. Regulatory requirements
are contained in 33 CFR 140 and in 46 CFR Subchapter I-
A.
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