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Old 01-02-2013, 12:06   #16
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Re: Coast Guard Boardings ...

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Originally Posted by scoundrel View Post
over the years, regarding all my encounters with law enforcement on the water, I have found the Coast Guard to be the most professional and courteous.
True- but i have been borded at least monthly sometimes 2xs the same week out of Lake Worth Inlet- while running dive charters- seems if no one is around but you and them , guess what your it !!!
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Old 01-02-2013, 15:16   #17
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Courteous is true, and as always we should treat them the same, after all they don't make the policy, they just follow it. There are times they can be humorous also... Like when they ask if you have navigation equipment aboard and you reply - yes, I have two sextants - and their reply is "what's that?" Lmao
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Old 01-02-2013, 16:33   #18
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Re: Coast Guard Boardings ...

Everyone always slams the USCG for boardings when they are just doing one of the things they are supose to be doing for our safety and security. Does nayone think that the bad guys mark their boats in some way so it is easier for the USCG to find them? Pleasure Craft are seized frequently for anything from drug running to slavery.

The US Congress made the laws allowing them to do it and frankly s a former cop, it is a very useful tool for Law Enforcement. But if you want to hold someone responsible, write you Senators and Congressmen and ask them to change the laws reguarding search of recreational boats

As far as boardings go... The USCG can board any US Flagged Vessel traveling in foreign waters and any other vessels if the US has a Treaty with the Country controlling those waters or in some cases a Treaty with the Country holding the Flag of the vessel regardless of loction.

Someone mentioned this previously, this means the USCG could board any vessel in most of the Americas, the Caribbean Sea and other countries throughout the world.

Basically, if a USCG Vessel hails you and says they are boarding your vessel, you can probably assume they have the right to. If you are foreign flagged, they would be creating a Diplomactic incident if they are wrong and you would have grounds to both report it to your Embassy and sue the US Government.

As far as US Law Enforcement goes... becareful thinking cops can't board your boat. In many places in the US there are local, County and State Laws authorizing Marine Law Enforcement Officers the right to board vessels for the purposes of inspection or security.

Across the Board, Game Wardens have tremendious powers of search and seizure on vessels, especially if they see any gear on board your vesel related to hunting or fishing.

Marine Police can also board you vessel if they see a situation that requires immediate action to avoid loss of life or property or if there is something illegal, in plain view, or if you are suspected of drunken boating. They could also board your vessel while issuing you a citation for some sort of marine waterway violation, like speed, missing lights or reckless operation.

My advice is before you tell a cop to pound salt and get off your boat... You should reserch the laws in your area, otherwise you may end up getting arrested or ticketed.
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Old 01-02-2013, 17:24   #19
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Only in very limited circumstances has the USCG the right to board foreign flagged vessels on the high seas and especially in the territorial waters of a other state. The US is not a signatory to the LOS, even though it abides by its provisions. It does have the right of hot pursuit of a foreign vessel from its own territorial waters into international waters but that right is extinguished upon the vessel entering another territorial waters.

In relation to US flagged ships in other countries, the responsibility under the LOS is shared between the flag state a d the coastal state. The US ship may be boarded by the USCG , but the US vessel is subject to the coastal states laws

Obviously where treaties exist the remit of the USCG is extended. Outside of the Caribbean I wouldn't think there few others. Of course friendly states can and do give case by case authorisation to other armed forces to act in their territorial waters.

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Old 01-02-2013, 17:30   #20
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Re: Coast Guard Boardings ...

The Coast Guard is professional about it, and if you have the chance call them and alert them if any other law enforcement agency says they are going to board you within the USA--keeps the other law enforcement agency honest and puts them on record as to what is happening.
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Old 01-02-2013, 17:34   #21
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Re: Coast Guard Boardings ...

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Only in very limited circumstances has the USCG the right to board foreign flagged vessels on the high seas ...
If the vessel is not flying a flag or if they get permission from the embassy in DC of the flagged vessel.
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Old 01-02-2013, 18:02   #22
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Re: Coast Guard Boardings ...

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over the years, regarding all my encounters with law enforcement on the water, I have found the Coast Guard to be the most professional and courteous.
So...if the local LOEs professionally entered your house with guns drawn and courteouslly searched your house you'd be OK with that? Just asking
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Old 01-02-2013, 18:45   #23
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Re: Coast Guard Boardings ...

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over the years, regarding all my encounters with law enforcement on the water, I have found the Coast Guard to be the most professional and courteous.
Apparently they don't have much competition.
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Old 01-02-2013, 18:45   #24
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Re: Coast Guard Boardings ...

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So...if the local LOEs professionally entered your house with guns drawn and courteouslly searched your house you'd be OK with that? Just asking
But - but - if it keeps just one teenager off drugs.......
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Old 01-02-2013, 18:48   #25
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Quote:
Originally Posted by Paul L
If the vessel is not flying a flag or if they get permission from the embassy in DC of the flagged vessel.
The mere not flying a flag is not a reason to board. The LOS states that the vessel has to actively refuse to identify its flag state or its classed as stateless. In that case its flag is taken as the same as the interdiction vessel.

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Old 01-02-2013, 18:49   #26
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Re: Coast Guard Boardings ...

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If the vessel is not flying a flag or if they get permission from the embassy in DC of the flagged vessel.
That's my understanding too--I talked to a NZ boat who told them to pound sand in international waters off Costa Rica. The CG followed them for about 4 hours and evidently the NZ embassy also told them to pound sand, as they left without boarding.

OTOH, I heard a VHF conversation between the Coasties and a merchant ship in international waters off Mexico. In spite of all his protests, he was boarded--wouldn't happen to a Chinese registered vessel.
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Old 01-02-2013, 18:52   #27
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Re: Coast Guard Boardings ...

I too have found the USCG professional and courteous while they boarded my boat. Even 30 miles out, Homeland Security boarded me once in one of their go fast boats off of North Florida. It was about 2 or 3 AM and was surprised by their stealth approach. After checking everyone's driver license and looking below, off they went.
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Old 01-02-2013, 19:06   #28
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Re: Coast Guard Boardings ...

Interesting enough, in 6+ years sailing all over the Med I have not been stopped once- In South Florida itís a weekly exercise, I wonder if America is spending way to much on a problem that is not really here?
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Old 01-02-2013, 19:15   #29
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Interesting enough, in 6+ years sailing all over the Med I have not been stopped once- In South Florida it’s a weekly exercise, I wonder if America is spending way to much on a problem that is not really here?
Yes it clearly seems to be the case, boardings on this side of the Atlantic are very rare. In 25 years of sailing all over Europe I've been boarded at sea twice.

In fact I'd say that around here , getting a crew from a RIB onboard a yacht is an extremely hazardous operation and one which I think most law enforcement types would only undertake only if completely necessary.

Furthermore Europe in general has a very benign attitude towards small yachts. At sea boardings to check papers or safety etc are virtually non existent. As long as your not an obvious nuisance your left alone.

I also think that the dual role of the USCG in being both a law enforcement and a rescue operation puts them in a strange position. In Europe these roles are generally separate, often extremely so ( say in the UK and Ireland) SAR operations have no role in law enforcement and in general over here police men don't like water

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Old 01-02-2013, 19:17   #30
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Re: Coast Guard Boardings ...

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over the years, regarding all my encounters with law enforcement on the water, I have found the Coast Guard to be the most professional and courteous.
My sentiments, exactly...+1... Phil
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