The
U.S. Coast Guard is the primary maritime law enforcement agency
of the U.S.
Authority: Section 89 of Title 14 of the United States Code authorizes
the Coast Guard to board vessels subject to the jurisdiction of
the U.S., anytime upon the high seas and upon waters over which
the United States has jurisdiction, to make inquiries, examinations,
inspections, searches, seizures and arrests.
Boarding Policy
What to expect: A uniformed CG boarding team will notify you that
they are coming aboard to conduct a CG boarding. Like other law
enforcement officers, they will be armed. Once on board they will
conduct an initial safety inspection to identify any obvious safety
hazards, and to ensure the sea worthiness of your vessel. The
boarding officer will then ask to see the vessel registration
or documentation, and proceed to inspect your vessel. The scope
of the vessel inspection, during most boardings, is limited to
determining the vessel's regulatory status (e.g. commercial, recreational,
passenger, cargo, and/or fishing vessel) and checking for compliance
with U.S. civil law applicable to vessels of that status. The
CG may also enforce U.S. criminal law. The boarding officer will
complete a Coast Guard boarding form, and note any discrepancies.
You will get a signed copy before they depart.
Report of Boarding: When a CG boarding officer issues you a boarding report, they will either issue a yellow copy, if no discrepancies were noted, or a white copy if there were. A white copy will indicate a warning or a notice of violation. The CG boarding officer should explain the procedures to follow in each case. In any event, those procedures are written on the reverse of the form. If you have any questions ask the CG boarding officer, or call the Coast Guard Customer Information Line at 800-368-5647.
Law Enforcement
A vessel underway, when hailed by a Coast Guard vessel is required
to heave to, or maneuver in such a manner that permits a boarding
officer to come aboard.
Other federal, state and local law enforcement officials may board and examine your vessel, whether it is numbered, unnumbered or documented. Coast Guard law enforcement personnel may also be found aboard other vessels.
The Coast Guard may impose a civil penalty up to $1,000 for failure to comply with equipment requirements, report a boating accident, or comply with other Federal regulations. Failure to comply with the Inland Navigation Rules Act of 1980 can result in a civil penalty up to $5,000.
Improper use of a radio-telephone is a criminal offense. The use of obscene, indecent or profane language during radio communications is punishable by a $10,000 fine, imprisonment for two years or both. Other penalties exist for misuse of a radio, such as improper use of Channel 16 VHF-FM.
Channel 16 is a calling and distress channel. It is not to be used for conversation or radio checks. Such traffic should be conducted on an authorized working channel.
Boating Under the Influence (BUI)
Operating a vessel while intoxicated became a specific federal
offense effective January 13, 1988.
The final rule set standards for determining when an individual
is intoxicated. If the blood alcohol content (BAC) is .10% (.08%
in some states) or higher for operators of recreational vessels
being used only for pleasure, violators are subject to a civil
penalty not to exceed $1,000 or criminal penalty not to exceed
$5,000, one year imprisonment or both.
Negligent Operation
Negligent or grossly negligent operation of a vessel that endangers
lives and/or property is prohibited by law. The Coast Guard may
impose a civil penalty for negligent operation. Grossly negligent
operation is a criminal offense and an operator may be fined up
to $5,000, imprisoned for one year, or both. Some examples of
actions that may constitute negligent or grossly negligent operation
are:
Termination of Use
A Coast Guard boarding officer who observes a boat being operated
in an UNSAFE CONDITION, specifically defined by law or regulation,
and who determines that an ESPECIALLY HAZARDOUS CONDITION exists,
may direct the operator to take immediate steps to correct the
condition, including returning to port.
Termination for unsafe use may be imposed for:
An operator who refuses to terminate the unsafe use of a vessel can be cited for failure to comply with the directions of a Coast Guard boarding officer, as well as for the specific violations which were the basis for the termination order. Violators may be fined not more than $1,000 or imprisoned not more than one year or both.
Reporting Boating Accidents
All boating accidents (or accidents which meet the criteria below)
must be reported by the operator or owner of the vessel to the
proper marine law enforcement authority for the state in which
the accident occurred.
Fatal Accidents
Immediate notification is required for fatal accidents. If a person
dies or disappears as a result of a recreational boating accident,
the nearest state boating authority must be notified without delay.
The following information must be provided.
If a person dies, or there are injuries requiring more than first aid, a formal report must be filed within 48 hours. A formal report must be made within 10 days for accidents involving more than $500.00 damage or complete loss of a vessel.
Rendering Assistance
The master or person in charge of a vessel is obligated by law
to provide assistance that can be safely provided to any individual
in danger at sea. The master or person in charge is subject to
a fine and/or imprisonment for failure to do so.
If you need further information regarding accident reporting,
call the Boating Safety Infoline,
800-368-5647