[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.07-95]



[Page 21]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

 

Sec. 1.07-95  Civil and criminal penalties.



    (a) If a violation of law or regulation carries both a civil and a 

criminal penalty, the Area, MLC, and District Commanders are authorized 

to determine whether to institute civil penalty proceedings or to refer 

the case to the U.S. attorney for prosecution in accordance with Sec. 

1.07-90.

    (b) When the U.S. Attorney declines to institute criminal 

proceedings, the Area, MLC, or District Commander decides whether to 

initiate civil penalty proceedings or to close the case.



[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66 

FR 33639, June 25, 2001]