Noncompliance

Checkout our iOS App for a better way to browser and research.

  • (a) Failure to comply with any provision of this chapter or any regulation hereunder may result in suspension of the mooring permit and such suspension continues until such time as the permittee is in compliance. The owner or resident agent may appeal and the Commissioner shall grant a review of the suspension order if it is requested in writing within fifteen (15) days of the order. Any decision of the Commissioner may be appealed to the Superior Court of the Virgin Islands, the appellant shall serve written notice of the appeal with the Office of the Commissioner and the Attorney General. The suspension, unless delayed by the court, shall begin no later than thirty (30) days after the deadline for appeal to the Commissioner has passed by mailing or delivering to the owner or resident agent a copy of said order. After the permit is in fact suspended, the permittee shall immediately vacate the mooring or anchoring area assigned to him by the Department and the Department may assign the mooring to another permittee. Once the permittee is in compliance, the suspension shall be terminated and the mooring permit continues in full force and effect.

  • (b) Any penalty imposed under this chapter is in addition to the suspension of a mooring or anchoring permit as authorized by this chapter, and to any confiscation or forfeiture proceedings authorized under this chapter.

  • (c) Any owner of a sunken or wrecked vessel or houseboat in the designated mooring or anchoring areas who fails to comply with the provisions of this chapter shall be liable for damage caused by the vessel or houseboat as well as any other penalty provided by law, and the Department may dispose of the vessel or houseboat of any owner in noncompliance.

  • (d) Failure to comply with the provisions of section 407 of this chapter shall result in a fine not to exceed $1,000 for the first offense and not to exceed $5,000 for each subsequent offense.

  • (e) Failure to move in accordance with a mooring or anchoring reassignment order under this chapter shall result in a fine of $50 per day assessed against the owner of the vessel and against the vessel, jointly and severally, for every day beyond the thirty (30) day grace period that the vessel remains in the mooring or anchoring location in violation of the order.

  • (f) Any owner or resident agent who discharges pollutants of any kind into the shoreline areas or Territorial waters in violation of section 408 of this chapter shall be fined in an amount not to exceed $10,000, except that for the unlawful discharge of oil or other pollutants as defined in Title 12, chapter 17, Virgin Islands Code, violators shall be assessed civil penalties pursuant to the provisions of that chapter.


Download our app to see the most-to-date content.