Trailering Your Boat |

Law enforcement
(Enforcement of Laws and Treaties ) is one of the primary
missions and responsibilities under Federal regulations of the
United States Coast Guard. Founded in 1790 by the first Secretary
of the Treasury, Alexander Hamilton to enforce customs and tarrif
laws, law enforcement was the initial reason for a Coast Guard.
Today, the public is necessarily becoming more and more aware of
the law enforcement mission of the Service. A better
understanding of the procedures and authority of the Service by
the public is important for the Coast Guard to do it's
enforcement job properly and efficiently, with minimum
inconvenience to the public.
The chances of being boarded nationwide are extremely slim with
about 1 in 100 boats in the coastal areas getting boarded each
year. In coastal areas of Florida and the Gulf or Caribbean
passages, the chances are understandably higher. The volume of
narcotics and illegal migrants being transported in those areas
demands a heavy boarding effort.
A STANDARD COAST
GUARD BOARDING
A signal to stop, or commonly to slow on a safe heading, may be
by loadhailer, VHF radio, flaghoist, flashing light, or rotating
blue light and siren. It should be noted that ships on patrol at
sea generally avoid radio use and when used will generally
identify themselves by just "Coast Guard" rather than
by name.
A boarding party from a cutter will be transported by small boat,
generally an inflatable.
The first question generally will be "Do you have any
weapons aboard?" The intent is not to confiscate, but simply
to identify where they are. Identification for all crew will be
requested.
Serious violations can result in arrest and seizure. Generally,
they are for drugs, drug paraphernalia, outstanding warrants,
vessels configured for smuggling, operating a boat while
intoxicated, reckless and negligent operation, illegal aliens or
currency violations (over $10,000 in cash without filing a report
with Customs), illegal firearms (fully automatic weapons or
sawed-off shotguns) or other contraband.
Minor violations are most often the most obvious ones that are
easily seen: registration number errors, negligent operation such
as "bow riding", or lack of lights at night. Lack of
sufficient personal flotation devices (PFD's) and lack of
sufficient fire extinguishers are both very common, and
potentially very dangerous.
THE COAST GUARD
PRIDES ITSELF ON ITS HUMANITARIAN SERVICES - SEARCH AND RESCUE
Even though no one likes to be boarded, most people's experience
is that boardings are conducted in a professional and courteous
manner, minimizing inconvenience. Although there has been in some
instances, cries of "unconstitutionality", it should be
made clear that a boarding officer, under law, does have the
unquestionable right to come on board a vessel. Most often, as a
courtesy, he will ask permission, but it is not required to have
the vessel's master give permission for him to board.
Boardings are Not specifically for just safety, zero tolerance or
other drug related matters, but are to ensure conformance with
all applicable federal laws. These involve, safety, required
equipment, environmental issues, drugs,. licensing, firearms,
currency, communications, customs and other pertinent laws. Most
federal law applies to U.S. registered vessels and citizens
wherever they may be. Some laws apply only within U.S.
territorial waters.
In most cases, only an inspection is authorized upon boarding,
not a search. The difference is significant. The boarding officer
may look at those things covered by the applicable law. This may
include things like wiring runs or fuel and sewage piping systems
as well as safety equipment. The boarding officer may also look
into any man-size space to account for all the crew for his own
safety. He may NOT search personal gear, people, closed areas,
voids, drawers or luggage without the master's consent, or,
THE DEVELOPMENT OF PROBABLE CAUSE.
"PROBABLE
CAUSE" TO BELIEVE A CRIME HAS BEEN COMMITTED IS
DEVELOPED AT THE SCENE BASED ON THE FACTS AT HAND.
BOARDER
CROSSINGS ARE AN EXCEPTION
All boarding officers are armed with side arms. Shoulder weapons
are not carried on board UNLESS there is suspicion, a specific
threat or very unusual circumstances. In general, shoulder
weapons are fairly common in Florida and the caribbean, and
uncommon elsewhere.
If a boarding officer is greated by hostility, verbal abuse and
an uncooperative attitude by the master or crew, officers are
taught to be courteous, but firm. The uncooperative attitude will
be noted on the boarding form, and it will be considered in the
determination of any fines for violations. Assault against a
federal law enforcement officer is a very serious crime and
results in immediate arrest.
For most safety or other minor violations, a hearing officer
generally disposes of the case with a letter warning, with
assurances that the violation has been or will b e corrected.
Fines, however, can sometimes be significant - particularly for
repeated violations or those that ignore the warnings.
In some areas there may be some special techniques involved. A
"boatscope" - a periscope affair - is often used to
view the under water body. Also, since hidden compartments are
the normal way of smuggling, a lot of measuring may be done for
space accountability, and a fiber optic viewing device may be
used to look into odd places if necessary. Sounding of all tanks
is also common since a lot of cocaine has been found in fuel and
water tanks.
During the boarding process, the boarding officer goes down the
list on a boarding form (form CG-4100), checking all equipment
and other items with the master's assistance. Upon completion,
the master is advised of the results, other concerns are
discussed if needed, and the master provided with a copy of the
form. If you are boarded again fairly soon, be sure to present
the form copy, it will likely speed up the second boarding (but
won't necessarily prevent it).
U.S. Coast Guard Group Stations
/ Emergency Rescue
Procedures/Personal Flotation Devices/First Aid
Fire Extinguishers/Running
Lights / Aids To Navigation / Inland Rules of the Road
VHF-FM Frequencies (Sponsored By Standard Communications) / VHF Radio Information
Preparation and
Storm Advisories / Recommended Additional
Equipment / Trailering Your Boat
Common Useful Knots / Marine
Law Enforcement / Wind Determinants