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