Manifestly Unsafe Voyage

[Manateeman]

The mission statement of the USCG has two parts. First priority, assist mariners in distress, second secure the borders. As within any large organization with a complex set of rules and regulations, individuals may act outside of the legislative intent. There are clear guidelines as to the procedure under which a voyage can be terminated by a boarding party. In a recent case brought to me, a boarding officer threatened to terminate a voyage for a minor equipment oversight.
Please read this carefully.
If you have been boarded by the USCG, has any officer threatened termination.
If so, did they point to any thing or action specifically.
USCG personnel place their life on the line every day. Congressional committees try to find legislative actions which will both save lives and not infringe upon our liberty. Congressional committees do listen. This might be a single case or something in which boarding officers need further training.
Please respond only if the question directly applies to you.
Thank you.
Captain Mark

[redneckrob]

Originally Posted by Manateeman

The mission statement of the USCG has two parts. First priority, assist mariners in distress, second secure the borders. As within any large organization with a complex set of rules and regulations, individuals may act outside of the legislative intent. There are clear guidelines as to the procedure under which a voyage can be terminated by a boarding party. In a recent case brought to me, a boarding officer threatened to terminate a voyage for a minor equipment oversight.
Please read this carefully.
If you have been boarded by the USCG, has any officer threatened termination.
If so, did they point to any thing or action specifically.
USCG personnel place their life on the line every day. Congressional committees try to find legislative actions which will both save lives and not infringe upon our liberty. Congressional committees do listen. This might be a single case or something in which boarding officers need further training.
Please respond only if the question directly applies to you.
Thank you.
Captain Mark

As someone who spent more than 20 years in the Coast Guard, the first question I have to ask is if you called the Officer in Charge of the station or the CO of the unit they were from? When you have dozens of hundreds of people working for you, almost all doing their job remotely out of sight, it's hard to know when someone needs better training or is just operating outside of guidance. I would always have appreciated a polite and professional call (and I can tell from the tone of your post it would be a polite and professional call) on something like this. If the person you get brushes you off, talk to their boss. It may be that there is a rule they have to follow and in fact a fire extinguisher just slightly in the red is reason to terminate, for example, but they should be able to point to that guidance if it exists. More likely the person you dealt with was just being overzealous and a quick chat with a Chief will fix it going forward.

[thinwater]

Like all forum entries, this is a watercooler conversation. I'm adding some regulatory background.



Section 4.13 Maritime Law Enforcement and Vessel Safety

4.13.1 Vessel Safety Law Enforcement Vessel safety law enforcement supports the overall goal of promoting the safety of life and property at sea and protecting the marine environment. In carrying out this mission, the Coast Guard’s role primarily consists of ensuring compliance with laws and regulations through enforcement action and educating members of the maritime industry and the boating public. Specific guidance regarding vessel safety law enforcement, including terminating voyages is contained in Reference (o).
4.13.2 Safe Operation founded in Law Titles 33 and 46 of the United States Code and other U.S. laws, international laws, and treaties promote the safe operation of commercial and recreational vessels. The Safety of Life At Sea Convention (SOLAS) and associated Protocols establish international standards for seaworthiness and carriage of life saving equipment.

4.13.3 Manifestly Unsafe Voyage Pursuant to authority contained in 33 CFR 177.04, the District Commander may declare a U.S. recreational or uninspected passenger vessel to be engaged in a Manifestly Unsafe Voyage.

4.13.4 Termination Violations of law and treaties that create an especially hazardous condition may subject U.S. recreational and uninspected passenger vessels to voyage termination under 33 CFR Part 177. Termination is authorized when one or more specifically defined unsafe conditions exist, they cannot be corrected on the spot, and continued operation of the vessel constitutes an especially hazardous condition. Procedures regarding voyage termination, including authority to terminate the voyage of an uninspected commercial fishing vessel, are discussed in Reference (o).

4.13.4.1 Termination order and additional considerations. The goal of termination is to protect the safety of the persons onboard the vessel and the maritime public. Once the decision to terminate a voyage has been made, Boarding Officers may need to consider additional actions necessary to alleviate the especially hazardous condition (e.g., removing passengers and/or cargo from the vessel, escorting or towing the vessel to port). An intoxicated operator shall not be directed or permitted to operate the vessel.


From A USCG training guide:

905:USE OF TERMINATION AUTHORITY

The important thing to remember when considering this action is that three conditions must exist before it is authorized.First, the boat must have insufficient personal flotation devices,or insufficient firefighting devices, or it must be overloaded or have one of the "other unsafe conditions" listed in regulations. Second, the unsafe condition cannot be corrected on the spot.Third,continued use of the boat with one or more of these unsafe conditions present would have to create an especially hazardous condition,"especially hazardous" meaning a condition involving a substantial risk of injury or loss of life.


("Other" is a specific list, including fuel leakage, fuel in bilge, lack of required ventilation, and lack of backfire control.)


It goes on with a list of safety issues that some folks might consider minor, others might consider major. I suspect many of us have failed some criteria on some occasion.



Pages 130-134 are particularly relevant.



https://files.eric.ed.gov/fulltext/ED102370.pdf

[Calif.Ted]

If you have been boarded by the USCG, has any officer threatened termination.

Been boarded, they said "have a nice trip".

[Stu Jackson]

Originally Posted by Manateeman

..............
.................................................. ..........

If you have been boarded by the USCG, has any officer threatened termination.
If so, did they point to any thing or action specifically.....
.................................................. .....

Captain Mark

I have been boarded three times, the first two in SF Bay, the third in Brookings, Oregon. The third was at my own request, we were sailing up the coast from SF to BC.


The first two in the late 1980s were courteous, as was the third. But in the first one, on a Monday afternoon, I believe they were using it as a training exercise for new crew. Both the man and woman were young. They requested my oil placard. I explained that one was required for boats with inboard engines - we had only an outboard. They requested another item which I pointed out was only for boats 26 feet and above - we were 25 feet. I think we did more for their education than they did for my safety.


The crew in Brookings in 2016 was astounded that I requested an inspection, even though that station had been known in the past to be, let's say, vigilant, if not overenthusiastic about what could be considered unnecessary boardings, i.e., for an out-and-back sailing harbor, they would "harass" regular sailors repeatedly and "nab" any and all visiting vessels. In my case, just nice folks.


From your OP and the title of your post, Mark, I'm still not sure what issue you are referring to. Did someone get slapped with a MUV for a bad fire extinguisher? That would be overkill...

[Manateeman]

Many years ago, I did a lot of Pro Bono work for the then chair of what was the Coast Guard, Merchant Marine and Fisheries Committee. My father was an attorney in maritime and I had strong contacts within the fishing industry in New Bedford. I had also worked for a Norwegian American partnership who owned a very substantial fishing and processing company in the US.
I was not the party boarded.
Someone came to me to ask how often this sort of thing happens...let’s call it heavy handed enforcement or inadequate training of boarding officers. That is the specific question I posted.
Legislative aides, maritime attorneys, USCG policy officers, hearing officers, all work within the same field with hopefully, a similar overview that education and not punitive measures, yields a reasonable balance between safety and liberty.
It is truly difficult to write laws which cover every situation. I was looking for instances where mariners felt seriously threatened. OK?
Happy trails to you.
Captain Mark and his manatee friends.