Civil Penalties

2 CMC § 1666 — under Coastal Areas.

2 CMC § 1666

TITLE 2: NATURAL RESOURCES DIVISION 1: MARITIME AND COASTAL RESOURCES

§ 1666. Civil Penalties. In addition to the compensation described in § 1664, DLNR may assess, per occurrence, a civil penalty according to the following schedule: (a) For anchoring of a vessel on a coral reef or for any other damage to a coral reef by recreational boaters, a warning shall be given for the first offense. For a second or subsequent offense, a fine of $500 will be imposed on the responsible party. (b) For anchoring of a vessel on a coral reef or for any other damage to a coral reef totaling less than or equal to one square meter, $500 with aggravated circumstances, an additional $500; if occurring within a marine preserve, an additional $1,000; and if occurring on a threatened coral species listed under the Endangered Species Act, an additional $1,500. (c) For damage totaling more than an area of one square meter but less than or equal to an area of ten square meters, $1,000 per square meter; with aggravating circumstances, an additional $500 per square meter; if occurring within a marine preserve, an additional $500 per square meter; and if occurring on a threatened coral species listed under the Endangered Species Act, an additional $500. (d) For damage exceeding an area of ten square meters, $3,000 per square meter; with aggravating circumstances, an additional $1,000 per square meter; if occurring within a marine preserve, an additional $1,000 per square meter; and if occurring on a threatened coral species listed under the Endangered Species Act, an additional $1,000. (e) For a second violation, the total penalty may be doubled. (f) For a third violation, the total penalty may be tripled. (g) For any violation after a third violation, the total penalty may be quadrupled. Source: PL 20-79 § 3 (Nov. 2, 2018), modified. Commission Comment: The Commission changed “schedule;” to “schedule:” in the leading paragraph pursuant to 1 CMC § 3806(g). The Commission struck figures which were repetitions of written words throughout pursuant to 1 CMC § 3806(e).