Sailing New England to Australia in February

[Kevin84]

Originally Posted by Bill Seal

The United States Coast Guard is a branch of the United States Armed Forces, has been around since 1790 or so, is involved with a lot more than Search and Rescue. Right now, they're part of Homeland Security, so if they board you, you better damn well say "Yes Sir". I think they are the only Armed Force authorized to board private vessels. I believe the High Endurance Cutters (about 350' or so) are armed with 3"50's to get the attention of the drug smugglers.
And as been posted, the motto is Semper Paratus, Always Ready/Prepared.
Former Coastie Bill.

I believe the Navy and Marine Corps can as well, but only in extraordinary circumstances. Unlike the USCG, they do not have law enforcement authority. A quick example would be rendering aid in an emergency or responding to a perceived threat. In other words, if they feel your vessel posses a clear and present danger, don't be surprised to see a VBSS team pay you a visit.

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[Rustic Charm]

Originally Posted by savoir

If the relevant vessel in Australia is private recreational then boarding rights are controlled by state law. I could not be bothered looking them all up but in NSW it is the Marine safety Act 1998 section 115 :

" (1) For the purpose of conducting an investigation, an authorised officer may at any reasonable time:

(a) stop any vessel, and

(b) board any vessel, . . . . . . "

An authorized officer isn't just a cop. It can be lots of different people including port authority employees or state transport office employees.

The state transport minister also has the power to seize and hold unsafe vessels.

I forget I've been gone for over ten years now. But back in the day, in Tasmania, neither port authorities or transport can not do that. We used to have 'fisheries' but they were obsorbed into the police. But, back then we police needed to suspect someone was fishing to be able to search a boat or suspect drug related concerns. That's a bit simplistic but it sums it up.

And there are MAST personel now. I'm not sure if they are officers or not.

[Island Time O25]

Originally Posted by Rustic Charm

Though, I just found this, which is pretty damn wide. We certainly don't have these powers in Australia.

The U.S. Coast Guard Boarding Policy:

Title 14 section 89 of the United States Code authorizes the U.S. Coast Guard to board vessels subject to the jurisdiction of the United States, anytime, any place upon the high seas and upon any waterway over which the United States has jurisdiction, to make inquires, examinations, inspections, searches, seizures, and arrests. The U.S. Coast Guard does not require a warrant to conduct search, seizures, arrests over any United States Waterway or high seas. The U.S. Coast Guard also have full legal law enforcement power on any land under the control of the United States, as needed to complete any mission.
Sweeping powers. In a paper in the William and Mary Law Review, law scholar Greg Shelton says, “In terms of enforcement power, Coast Guard boarding officers are clearly America's "supercops."” Another law scholar, Megan Jaye Kight, says, "As such, these provisions comprise

I was under the impression that this meant either a documented vessel if inside the state waters or any vessel outside the state waters. Am I wrong on this? Has anyone heard of CG boarding say a docked Federally undocumented vessel?

[Evenstar]

Originally Posted by Island Time O25

I was under the impression that this meant either a documented vessel if inside the state waters or any vessel outside the state waters. Am I wrong on this? Has anyone heard of CG boarding say a docked Federally undocumented vessel?

Any vessel in U.S. waters is under U.S. jurisdiction, regardless of documentation status, registration, country of flag, etc. etc. If you are in waters that the U.S.A. regards as territorial the USCG may wish to board you. It is generally a good idea to grant that wish, as they will board you anyway.

State waters are irrelevant to the USCG, I've been boarded driving my boat from winter storage to my mooring a mile and a half away, never having gone more than 1,000 yards from shore.

[savoir]

USCG boarded me when I was not federally documented while I was anchored at Lahaina. Buggers gave me a ticket for not having a bell. I had never even heard of that rule.

[boatman61]

Originally Posted by savoir

USCG boarded me when I was not federally documented while I was anchored at Lahaina. Buggers gave me a ticket for not having a bell. I had never even heard of that rule.

What...??
Never heard the expression "Eight bells... Watch change..!!"
Bludi wannabe pirates...

[downunder]

Originally Posted by savoir

USCG boarded me when I was not federally documented while I was anchored at Lahaina. Buggers gave me a ticket for not having a bell. I had never even heard of that rule.

Fog. International Rules for the Prevention of Collisions at Sea.

Part D – Sound and light signals[edit]
32. Definitions of whistle
short blast (1 second), and prolonged blast (4–6 seconds).
33. Equipment
Vessels 12 metres (39.4 ft) or more in length should carry a whistle and a bell and vessels 100 metres (328 ft) or more in length should carry in addition a gong. On many vessels, a horn serves the purpose of a whistle.
34. Manoeuvring and warning signals, using whistle or lights (summary chart)
The signals are used when vessels are in sight of one another
35. Sound signals to be used in restricted visibility (summary chart)
The signals are used when vessels are in restricted visibility.
36. Signals to be used to attract attention
37. Distress signals

[soverel]

› Title 33 › Chapter I › Subchapter S › Part 177 › Section 177.07
CFR
Updates
Authorities (U.S. Code)
prev | next
§ 177.07 Other unsafe conditions.
For the purpose of section 4308 of Title 46, United States Code, “other unsafe condition” means a boat:
(a) Does not display between sunset and sunrise the navigation lights prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland waters of the United States, the Inland Navigational Rules Act of 1980 (Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);
(b) That is operated by an individual who is apparently under the influence of alcohol or a dangerous drug, as defined in § 95.020 of this chapter, to the extent that, in the boarding officer's discretion, the continued operation of the vessel would create an unsafe condition.
(c) Has a fuel leakage from either the fuel system or engine, or has an accumulation of fuel in the bilges.
(d) Does not meet the applicable ventilation requirements for tanks and engine spaces prescribed by 46 CFR 25.40 (which applies to certain boats built before August 1, 1980), or Subpart K Ventilation, of 33 CFR Part 183 (which applies to boats built after July 31, 1980);
(e) Does not meet the requirements for backfire flame control prescribed by 46 CFR 25.35; or
(f) Is operated in a Regulated Boating Area as described in § 177.08 when:
(1) The wave height within the Regulated Boating Area is 4 feet or greater; or
(2) The wave height within the Regulated Boating Area is equal to or greater than the wave height determined by the formula
L/10 F=W
where:
L=Overall length of a boat measured in feet in a straight horizontal line along and parallel with the centerline between the intersections of this line with the vertical planes of the stem and stern profiles excluding deckhouses and equipment.
F=The minimum freeboard when measured in feet from the lowest point along the upper strake edge to the surface of the water.
W=Maximum wave height in feet to the nearest highest whole number; or
(3) The surface current is 4 knots or greater within the Regulated Boating Area.
(g) Designated manifestly unsafe for a specific voyage on a specific body of water due to:
(1) Unsuitable design or configuration, or
(2) Improper construction or inadequate material condition, or
(3) Improper or inadequate operational or safety equipment, and set forth in an order issued by a District Commander according to the provisions of § 177.04.
[CGD 72-71R, 37 FR 13347, July 7, 1972]
Editorial Note:
For Federal Register citations

http://www.law.cornell.edu/cfr/text/33/177.07

https://www.boats.com/reeds/jsp/rn_ch_2_b.jsp

I have always considered knowing the laws as important as knowing how to set an anchor or any other facet of seamanship.

The safety inspection these guys got was just mimimum stuff.

For the voyage they were planning they needed far more than minimum safety gear.

I can think of innumerable things i would require (want) to make that trip.

Plenty of booze isnt at the top of my outfitting list.

Sorry for long copy and paste, but ask and you shall receive.

The second link is to my source originally quoted on prior post. I usually type the minimum on this little $%&* keyboard.



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[Julie Mor]

Originally Posted by soverel

I can think of innumerable things i would require (want) to make that trip.

Plenty of booze isnt at the top of my outfitting list.

But, when things go wrong, plenty of booze makes placing the blame elsewhere much easier.

"To alcohol! The cause of, and solution to, all of life's problems!"

Maybe that's why he wants to recover the boat so badly. Insurance won't cover the booze he lost.

[soverel]

I would want to recover the boat as well. Its a hazard now.

I feel for this guy actually though. I understand the dream. I dont agree with his decision to leave at that time though.

His biggest mistake in this was bringing his father, or any crew for that matter. As captain of vessel he is responsible for them. And I believe legally required to remove them from vessel if they request it. So I was told by captain on my first trip offshore.

I would have gone by myself in this situation if i were him. I might kill myself but not anyone else.

And for the record i would not have done that either. I know how i would want vessel if i attempted this trip.

But still i sympathize.
I passed on a boat for this very reason recently. New boat. Cold weather. And not the necessary offshore prep funds to make a quick run outside safe. Discretion.

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[Wrong]

[QUOTE=El Pinguino;1751540]

Originally Posted by Wrong

Me?.... OK I went Bora Bora/ Tonga/NZ but the result was pretty much the same as Evenstar's experience. Bugger of a trip ( westerlies before after and during the stop at Tonga..trade winds my left foot!) ...would have been easier eastabout........

When did you do this? My passage from Bora Bora probably began early to mid-June. It involved one 'turnaround' when after I'd left Bora Bora a weather update revealed a storm was developing in the Australs and heading in the direction of Rarotonga. It was significant enough to have caused damage in Raro, so turning back was a good call. When I got under way a couple of days later the leg to Raro was 30-35 knots with torrential rain. Waves on the quarter were brutal...

Aitutaki, Palmerston and Nui were downwind in typical tradewind conditions. Aside for the gale I encountered shortly after leaving Niue, the leg to Tonga, then Fiiji was a repeat of the passage to Niue. Can't overstate my relief to have arrived in Noumea after sailing mostly to windward after leaving Fiiji. The whole enchilada was sailed between June and late September, arriving in Australia in mid-October.

[practicalfocus]

Hi,
You know by now your instincts were good on this one...they had to be rescued by the Coast Guard this past Sunday (Feb 15). If you consider yourself "inexperienced", nothing is more important than learning as much as you can about weather and where to find reliable weather information before and while sailing.

[Evenstar]

Originally Posted by soverel

I would want to recover the boat as well. Its a hazard now.

I feel for this guy actually though. I understand the dream. I dont agree with his decision to leave at that time though.

His biggest mistake in this was bringing his father, or any crew for that matter. As captain of vessel he is responsible for them. And I believe legally required to remove them from vessel if they request it. So I was told by captain on my first trip offshore.

I would have gone by myself in this situation if i were him. I might kill myself but not anyone else.

And for the record i would not have done that either. I know how i would want vessel if i attempted this trip.

But still i sympathize.
I passed on a boat for this very reason recently. New boat. Cold weather. And not the necessary offshore prep funds to make a quick run outside safe. Discretion.

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While at sea, off shore, out of sight of land? There is no legal requirement that I am aware of where a crew member can demand rescue or force a captain to change course for sure because they want off. Can you imagine the mayhem that could cause with commercial shipping?

The Coast Guard isn't a pickup service for unhappy crew, though they certainly will airlift an injured crew member requiring medical care though I can't imagine the degrees of pissed they'd be if you called them to airlift out someone that didn't want to be on the boat any more.


You can't keep them on board and make them stay with you once you pull into port, however the local authorities may have a very different opinion about them leaving you when you arrive in a different country. Many countries assume that YOU are responsible for the crew you bring in, and responsible for getting them out of the country, which is why you have to post a bond for everyone when you arrive.

We were asked once to "witness" a crew departure from a vessel in the middle of nowhere, where the crew person clearly couldn't stand another day on board and the skipper had had quite enough too. I heard later that the authorities most definitely became aware of the incident and there were some repercussions o another boat that picked the guy up without reporting in properly.

[Evenstar]

Originally Posted by practicalfocus

Hi,
You know by now your instincts were good on this one...they had to be rescued by the Coast Guard this past Sunday (Feb 15). If you consider yourself "inexperienced", nothing is more important than learning as much as you can about weather and where to find reliable weather information before and while sailing.

[Exile]

Fun blog, Evenstar!