33 C.F.R. § 177.08

Penalties

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An operator of a vessel who does not follow the directions of a Coast Guard Boarding Officer prescribed in § 177.05 is, in addition to any other penalty prescribed by law, subject to—

(a) The criminal penalties of 46 U.S.C. 4311, which provides that a person willfully operating a recreational vessel in violation of 46 U.S.C., Chapter 43 or regulations issued thereunder, shall be fined not more than $5,000, imprisoned for not more than one year, or both.

(b)(1) The civil penalties for violating 46 U.S.C. 4307(a)(1).

(2) The civil penalties of 46 U.S.C. 4311, which provides that a person violating any other provision of 46 U.S.C., Chapter 43 or regulation issued thereunder is liable to the United States Government for a civil penalty, and, if the violation involves the operation of a vessel, the vessel is liable in rem for the penalty.

[CGD 96-052, 62 FR 16703, Apr. 8, 1997, as amended by USCG-2012-0306, 77 FR 37316, June 21, 2012. Redesignated by USCG-2013-0216, 78 FR 40966, July 9, 2013]

Notes of Decisions

Cited in 1 case, 1980–1980 · leading case: United States v. Michael Joseph Arra, Steven Scott Aschinger, & Overton Baker Pettit, 630 F.2d 836 (1st Cir. 1980).

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United States v. Michael Joseph Arra, Steven Scott Aschinger, & Overton Baker Pettit, 630 F.2d 836 (1st Cir. 1980). “The cited regulation defines and enumerates unsafe conditions, among which are fuel leakage from either the fuel system or engine, 33 C.F.R. § 177.08 (b), and an accumulation of fuel in the bilges or in a compartment other than a fuel tank, 33 C.”

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