Committee backs tougher penalties for ignoring marine advisories, forwards bill to full body

The Committee on Rules and Judiciary voted to favorably forward bill 36-0209, as amended, which would revise Chapter 10 of Title 23 of the Virgin Islands Code to establish civil penalties for disregarding marine advisories and create a territorial Marine Safety Fund.

Senator Milton E. Potter, who moved the amendment on behalf of Senator Hubert L. Frederick, detailed amendment 36-694, which increases monetary penalties and adds procedural safeguards. “The civil penalties shall be assessed as follows: a first violation is a penalty of $1,500; a second violation is a penalty of $3,000; and a third violation and any subsequent violations are a penalty of $5,000 per incident,” Potter said. The amendment also states that each day a violation continues constitutes a separate offense subject to the $5,000 penalty and requires the department head or the agency designate that issues a citation to document violations and any rescue, recovery, or removal activity and submit written verification to the commissioner of finance before penalties are assessed.

The amendment also clarified appellate procedure: the hearing officer’s decision is final and the appellant may file a writ of review with the Superior Court of the Virgin Islands no later than 30 days after the hearing officer’s decision.

Committee members recorded no sustained objections to the amendment after an initial withdrawn objection and moved to forward the bill as amended. The clerk announced a roll-call result of six yays and one member absent. The committee’s action sends the amended bill to the full Legislature for further consideration.

Why it matters: The amendment raises the maximum and repetitive-violation penalties for disregarding official marine advisories and creates a documentation requirement intended to ensure that enforcement actions are supported by contemporaneous records before fines are imposed. Supporters framed the changes as strengthening marine safety and ensuring funds for response activity; proponents also added a clear judicial-review timeline for appellants.

What remains: The committee approved the amendment and forwarded the bill; any final penalty amounts, enforcement rules, and the use of the Marine Safety Fund will be determined in later floor action or follow-up implementing regulations.