Coast Guard Authority

[higgs]

There has been some discussion about what the CG can and cannot do to us and no one seemed to agree on answers, even though an ex Coastie piped up. I wrote the guard the other day and this is their response, from Steven Stilleke CDR, to a number of issues recently discussed:1. Does the CG have the authority to order one to abandon ship?Yes, Coast Guard personnel are Federal Law Enforcement Officers. As such, they may force or compel mariners to abandon their vessel.2. If I decided to let my boat sink, does the CG have authority to prevent me from doing so?While the Coast Guard may not "prevent" you from sinking your boat, you may be held financially or criminally liable for obstructing waterways, shipping routes or causing pollution to the marine environment.3. What could happen if I refused to allow the CG to baord my boat?You may be forcibly boarded and arrested.

 

[Paul Akers]

Thanks Higgs

Enough Said here! *pop

 

[Abby Normal]

IOW-

Don't mess w/ the Guard.

 

[Rick I]

What about the navy?

Reminds me of a vhf conversation I heard off the coast of Florida near Mayport. A warship hailed a sailboat and ordered it to alter course to a certain heading. The sailboat asked why he should alter course. The warship continued with their instructions without giving a reason. This went back and forth for a few minutes until another boat finally chimed in with "Because they'll shoot your ass off if you don't". To which the sailboat replied, "Well why didn't they say so in the first place", and promptly altered course.Rick Ihttp://groups.yahoo.com/group/beneteau393/beneteau393 : Beneteau393 Group

 

[Peggie Hall HeadMistress]

Reminds me of an old joke...

Warship at night, commanded by an admiral, sees a light dead ahead on a collision course. He radios, "This is the USS Big Cheese...alter your course 15 degrees to port." The reply came, "USS Big Cheese, recommend YOU alter course 15 degrees to starboard."To which the Admiral replies, "This is Admiral Jones, ordering you to alter course 15 degrees to port immediately. What is your name?" Came reply, "Seaman Smith, Admiral...I cannot obey that order." "Seaman Smith, If you don't alter course immediately, I will have you court martialed! What is the name of your vessel?""The Jones Point Lighthouse, sir."

 

[Tom S]

Your posting creates a few more questions

and I think some clarifications.First a question like "Does the CG have the authority to order one to abandon ship?" is a bit broad. A better question or a follow on question might be:"Under what circumstances does the Coast Guard have to force you to terminate your voyage (abandon ship ?) ?"I know that they have the authority to terminate your voyage when they deem the vessel unseaworthy. I also know if you are underway they can board your boat for whatever reason they want. It has been held up in court a few times that they are not held to the Fourth Amendment on "Search and Seizure", except in those situations where your boat is tied to the dock and you are more or less a liveaboardHere is a follow on question :"Could they force you to abandon your boat if they didn't like the color of your shirt?"I have the feeling they can do whatever they want on the water but would be risking a lawsuit later on they might not win if they were truly outrageous and overbearing in their powers.The last question that continues to stick in my mind is and I have never heard a real answer to:"Where does the Coast Guard have such authority to force or compell you to abandon ship ?"Where does their jurisdiction end? Sure its obvious that they have authority within the 12 miles territorial waters. I am sure that many nations that have authority over carribean nations also allow the USCG to have authority there too. But can the Coast Guard "compell" you to terminate a voyage, lets say, in the South Pacific or the Indian Ocean or in the middle of nowhere?

 

[higgs]

Splitting hairs

TomI would suggest you do as I did- write the CG.My guess is that once you are ordered to abandon - that's it. One may be able to challenge the validity of the decision at a later date, but I will bet that once the order is given, if you do not comply, you face charges. I support that approach.

 

[Benny]

I don't think you will find the USCG in

the middle of the Pacific much less to tell you to terminate a voyage. Perhaps you may wish they did if you were in trouble but don't think it will realistically happen. If your boat is US registered they can board you anywhere in the world. There are many countries that allow the USCG law enforcement jurisdiction within their territorial waters. I have had a low altitude fly-by (mast height x2) and been contacted via VHF 200 miles offshore in the Atlantic by a Falcon jet patroling Bahamian waters and their aproaches. They were looking for a boat who reportedly was taking on water or so I was told. They are doing a job of protecting our coastline as well as securing lives of those who traverse them. The safety inspections and boardings are surely an inconvenience but it is a small price to pay when you think of the freedom we enjoy sailing. It comes also as a result of the times we live in. There are parts of the world where you could not safely practice sailing. I'm glad they are there and have no complaints.