A distress alert is false if it was transmitted without any indication that a mobile unit or person was in distress and required immediate assistance. Transmitting a false distress alert is prohibited and may be subject to the provisions of part 1, subpart A of this chapter if that alert:

(a) Was transmitted intentionally;

(b) Was not cancelled in accordance with §80.335;

(c) Could not be verified as a result of either the ship's failure to keep watch on appropriate frequencies in accordance with §80.1123 or subpart G of this part, or its failure to respond to calls from the U.S. Coast Guard;

(d) Was repeated; or

(e) Was transmitted using a false identity.

[68 FR 46968, Aug. 7, 2003]