SEVENTEENTH DISTRICT § 80.1705 Alaska The 72 COLREGS shall apply on all the sounds, bays, harbors, and inlets of Alaska. VIOLATIONS OF INTERNATIONAL NAVIGATION RULES AND REGULATIONS (33 U.S.C. 1608) (a) Whoever operates a vessel, subject to the provisions of this Chapter, in violation of this Chapter or of any regulation promulgated pursuant to section 1607 of this title, shall be liable to a civil penalty of not more than $5,000 for each such violation. (b) Every vessel subject to the provisions of this Chapter, other than a public vessel being used for noncommercial purposes, which is operated in violation of this Chapter or of any regulation promulgated pursuant to section 1607 of this title, shall be liable to a civil penalty of not more than $5,000 for each such violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which such vessel may be found. (c) The Secretary of the department in which the Coast Guard is operating may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate. VIOLATIONS OF INLAND NAVIGATION RULES AND REGULATIONS (33 U.S.C. 2072) (a) Whoever operates a vessel in violation of this Chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation. (b) Every vessel subject to this Chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this Chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found. (c) The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate. (d) (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). (2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary. PENALTIES FOR NEGLIGENT OPERATIONS; DUTIES RELATED EXCERPT FROM TITLE 46 OF THE UNITED STATES CODE CHAPTER 23-OPERATIONS OF VESSELS GENERALLY [Enacted on August 26,1983] This chapter applies to a vessel operated on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas. § 2302 Penalties for negligent operations (a) A person operating a vessel in a negligent manner that endangers the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $1,000. (b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person shall be fined not more than $5,000, imprisoned for not more than one year, or both. (c) An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation (1) is liable to the United States Government for a civil penalty of not more than $1,000 for a first violation and not more than $5,000 for a subsequent violation; or (2) commits a class A misdemeanor. (d) For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is— (1) owned by a State or a political subdivision of a State; § 2303 Duties related to marine casualty assistance and information (a) The master or individual in charge of a vessel involved in a marine casualty shall (1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or to individuals on board; and (2) give the master's or individual's name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged. (b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine. (c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances. §2304 Duty to provide assistance at sea (a) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board. (b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both. § 2305 Injunctions (a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government. (b) When practicable, the Secretary shall (1) give notice to any person against whom an action for in junctive relief is considered under this section an opportunity to present that person's views; and (2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance. (c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief. § 2306 Vessel Reporting Requirements (a)(1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing |