Any person, including a Pilot, Master, owner, or agent, who violates any provision of this part may be liable to the United States for a civil penalty as set forth in 46 U.S.C. 9308.

(a) A vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian Registered Pilot when the vessel or its cargo is in distress or jeopardy.

(b) A vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian Registered Pilot only when the Director, with the concurrence of the Commander, 9th Coast Guard District, notifies the Master that a United States or Canadian Registered Pilot is not available.

(1) Notification to the Master that a Pilot is not available will be made by the Director, either directly to the vessel or through the appropriate pilotage pool, orally or in writing as the circumstances permit, and must not be deemed given until the notice is actually received by the vessel.

(2) The determination that a Pilot is not available will be made on an individual basis and only when a vessel has given proper notice of its pilotage service requirements to the pilotage pool having dispatching jurisdiction at the time. The vessel has no obligation or responsibility with respect to such notification other than properly informing the pilotage pool of its pilotage requirements. However, the failure or delay by the pilotage pool in processing a pilotage service request, or refusal or delay by the Director in notifying the vessel that a Pilot is not available, does not constitute constructive notice that a Pilot is not available, and the vessel is not relieved by such failure or delay from compliance with the Great Lakes Pilotage Act of 1960.

(3) In the event of an emergency or any other compelling circumstance, the Director may issue, without the specific request for service as provided under paragraph (b)(2) of this section, individual or general notification that a Pilot or Pilots are not available. Pilotage pools must advise the Director of any condition or circumstance coming to their attention which may warrant such a determination.