My Coast Guard boarding party

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Oct 15, 2012
11
Hunter 420 Colington Harbour
Coast Guard boarding

The US Coast Guard does not need probable cause or even reasonable suspicion to board any boat. I am surprised that they boarded you while you were at anchor. When in a law enforcement function, it is always risky to participate in a joke with civilians with whom you are conducting business as evidenced by the wife getting angry. Things CAN get out of hand quickly. At any rate, I am glad that we have the Coast Guard and I praise the work that they do.
 
Apr 14, 2013
3
Jeanneau 44DS Marina Del Rey
I've personally conducted hundreds of USCG boardings and supervised over a thousand.

The founding fathers, namely Alexander Hamilton, established the Revenue Cutter Service in 1790 to combat smuggling. 14USC89 (read it) charges the service, now the USCG, with enforcing all federal laws in federal waters and aboard US-flag vessels on the high seas. If you want the protection of the US flag, you're subject to inspection. 14USC89 has survived numerous legal challenges. If you're in a foreign territorial sea, the USCG may ask permission from that country to enforce US law aboard your boat in their waters and, although it may take a few hours, they will most likely get permission. Same goes for foreign flag vessels at sea - the USCG may ask permission from that flag state to enforce internationally recognized laws aboard their vessel, and they will most likely get permission.

All USCG boarding officers are also US Customs officers ("all US laws") and as long as you're in customs waters (inside 12nm) you're subject to customs search as well. No probable cause is required - you choose to operate a boat in the US, you're subject to inspection for compliance with all federal laws.

A CG Auxiliary inspection is a good idea and Auxiliarists have the time to do a bit of training, but the sticker is no guarantee that you won't be boarded. When a Coastie asks the date of your last boarding, he or she may ask for the paperwork. A recent boarding is no guarantee that you won't be boarded.

The search and seizure concepts that apply to your house and home don't apply to a boat. You can't take your house to Columbia and there's nothing in the Constitution about choosing to live aboard a boat. Underway or at anchor, it's the same law. If a boat is moored to a pier, the USCG consider it part of the beach and will defer to shoreside law enforcement, but they may assist with a dockside boarding. Dockside boardings after a search and rescue case are the exception.

The vast majority of USCG boardings are "preventive search and rescue" - they want to inspect your vessel and its equipment during the day so they won't have to rescue you offshore in the wee hours of the morning. All USCG stations are training stations.

If you appear to have been drinking heavily, the CG will use one of several tests to determine your sobriety. If you're over the limit according to the state waters you're operating in, they will escort you to the pier where the locals will take over. Only the operator must stay within the limits - your guests and crew can be falling down drunk if you allow them to.

Be courteous and recognize that these dedicated USCG men and women are doing a challenging, dangerous job. Be somewhat sober and have the proper documentation and equipment and everything will go just fine. These young Petty Officers display tremendous restraint when dealing with people that think they know the law and resent the intrusion. We had little 14USC89 cards for these folks to read while we conducted the boarding. Remember that the same Coastie that boards your boat in the morning may deliver a dewatering pump and expert help in the middle of the night.
 
Apr 10, 2011
42
Hunter 41DS Cape Harbor Marina, Cape Coral
I know. And it is disgusting.
One of the beauties of our form of government is that if you feel a law is wrong, you are free to work to change it. Another beauty is that if you are too lazy to try to affect change to the law you object to, you are free to leave! No one will stop you at the border! (smile)
 
Oct 7, 2008
17
Hunter 340 Seattle
Separation

I sail all winter in Puget Sound, sometimes the only sailboat out there, and get boarded regularly, I assume because new people need training. Other commenters have covered what they are looking for in the boat, but I didn't see covered their other interest. Here they escort, in random fashion, cruise ships, tankers/freighters, and passenger ferries. New rules require 1000' separation. If you are less than that you are required to slow to minimum speed and make contact with the ship or Coast Guard. And they are serious about it, once I was sandwiched between a fuel barge and a car ferry and they showed up to escort me away with the seaman on a .50 caliber as described elsewhere..... I would suggest no joking when they are in this kind of mood.
 
Dec 1, 1999
2,391
Hunter 28.5 Chesapeake Bay
Has anyone ever been boarded by the USCG and did not have pyrotech distress signals (i.e., flares or flares out of date), but rather did have an approved distress flag and/or electric distress flash device that seem to meet federal regulations? If so, how did that go over with the Coasties? As I read the Federal regs, flares (while certainly recommended), are not required....

See http://www.uscgboating.org/fedreqs/default.html
 
May 4, 2005
4,062
Macgregor 26d Ft Lauderdale, Fl
I've been boarded so many times, I can't count them all.

and my experience w/ USCG have been very good.

its the others that worry me. mostly the local PD,but we also have DERM, DHS, NPS, county sheriff, etc.

one thing to be aware of is many local PD's use Asset forfeiture and seizure laws to fund their forces.

I've heard war stories of local PD, calling over the VHF for a boat to stop, and when it didn't declared that attempting to flee, and confiscated the boat. (this was in the IWC, and boat was going maybe 8knts... a little over no wake).

Took about a year to go to trial, and was dismissed, but the boat was stored with plugs in (go fast), and engines and hull were badly damaged....


-look up search and seizure laws... and how they are misused by PD's.

its not the USCG that I worry about...
 

mpaule

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Jun 24, 2013
7
Catalina 22 Lake Dillon, CO
They made sure to look in the bilge and asked for the placards. Clean your bilge and know where the placards are.
I sail in inland lakes, but am planning a trip to CA next month. I am puzzled by the need for "placards". Can someone explain?
 
Mar 29, 2013
34
Oday 22 East Jordan
If they are asking for permission, I don't have a problem. Niec to have a second set of eyes to check things out. If, on the other hand, they are semanding to board with no probable cause such as delapidated lookng boat, obviously drunk crew, or other obvious non-compliant behavior, then I agree with you that there is an "overreach".
 

weinie

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Sep 6, 2010
1,297
Jeanneau 349 port washington, ny
If they are asking for permission, I don't have a problem. Niec to have a second set of eyes to check things out. If, on the other hand, they are semanding to board with no probable cause such as delapidated lookng boat, obviously drunk crew, or other obvious non-compliant behavior, then I agree with you that there is an "overreach".
I believe the "permission" part is a mere formality.
 
D

dcande01

If they are asking for permission, I don't have a problem. Niec to have a second set of eyes to check things out. If, on the other hand, they are semanding to board with no probable cause such as delapidated lookng boat, obviously drunk crew, or other obvious non-compliant behavior, then I agree with you that there is an "overreach".
They say, "Prepare to be boarded." No pretense of asking permission. I personally don't recall anything in the Constitution limiting that document to dry land.
 
Sep 15, 2009
6,243
S2 9.2a Fairhope Al
i was boarded back in the 70's on a land locked lake here in Georgia.....suprised me to see USCG on fresh water land locked lake....coasty in charge ask for my ID and so i said sure lets trade...while pulling mine out he did the same and we traded...then he went on about the business of inspecting my boat and gear..when all was finished he left the boat and said have a nice day and safe day on the water ....very simple and not a problem ....the way I see it if they want you they got you but if you treat them like a guest in your home they will act the same in most cases......no worse than a traffic stop on the highway ...if you are clean and cordial it may save your butt if you have a short coming of some sort....

regards

woody
 
Mar 21, 2011
12
hunter 40.5 nc
We got boarded the morning of the fourth while still on the hook. All the boats in the anchorage were approached. We were asked when the last time we'd been boarded and since it had been a few years, they told us to prepare to be boarded.

We watched them approach boats for 45 minutes so I had time to get all my paperwork ready and equipment out for inspection. The boarding party included two Coasties and a Border Patrol agent. They were very friendly and professional and were in no way threatening. They let us know that they were just there to make sure we were in compliance and not out to "get " anyone. I never felt that they were looking for things to give us trouble.

They took a photo with us and even jumped in on the joke when my wife paddled up on her paddleboard at the end of our little party when I told her they were taking the boat from us. They were very serious when they said they needed to commandeer the vessel. My wife started to get angry so they let her in on the joke.



All in all a pleasant experience and nothing to worry about as long as everything is in order and you have nothing to hide.

I do feel that boarding without probable cause is over reaching, especially while at anchor, but again, not a big deal.

But WTH are they protecting?????
 
Jun 2, 2004
45
Catalina 400 Muskegon, Michigan
i was boarded back in the 70's on a land locked lake here in Georgia.....suprised me to see USCG on fresh water land locked lake

woody
My wife and I were stopped by the Coast Guard Sunday afternoon for a routine safety inspection on our 14 foot Boston Whaler. They first asked if we had any weapons onboard. I explained that I had a Michigan concealed carry permit and that I was carrying a Glock 27 .40 cal. They said that it was their policy to disarm boat owners during the inspection process. I turned over my concealment pouch and they proceeded with the inspection. We had lifejackets and all of the other safety equipment that the Guardsman asked for until he asked for a throwable floatation device. I didn't have anything that qualified as a throwable, so he started lecturing me, saying that it was a ticketable offense, but that he was going to let me off with a warning. I let him ramble on, as he seemed to relish the fact that he had found a violation. When he was through I suggested that he was wrong because the requirement didn't apply to a 14 foot boat. He was very polite about the fact that he had been challenged and checked the regulations. He was indeed wrong! I then explained my involvement with the "United States Power Squadrons" and that I knew the throwable requirement didn't apply to my boat. They returned my concealment pouch and pistol and we were on our way. This whole exchange was witnessed by all of the other Guardsmen on their vessel. I think he was a trainee and is now going to have to put up with some good natured ribbing for a while!!!
 

jjsjms

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May 19, 2013
1
Hunter 216 Hull, MA
My son got boarded on my boat in Boston Harbor last year. The only infraction they found was expired fflares in the Olin cannister. He didn't realize I had bought new flares the day before, left them on a shelf in the boat. He called me and I told them where they were. He found the DEP boat that had stopped them, showed them the flares, and they said to disregard citation. Real nice of them, otherwise he or I would be out fifty bucks.
 
Jan 22, 2008
53
Macgregor 21 MN
Compliance Check

I've had a number of inspections by the Auxiliary; the last time at Stockton Island. After reading this I realized I left all my documents at home today. :doh:
 

LuzSD

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Feb 21, 2009
1,009
Catalina 30 San Diego/ Dana Point, Ca.
They say, "Prepare to be boarded." No pretense of asking permission. I personally don't recall anything in the Constitution limiting that document to dry land.


dcande01, please speak for yourself. When we were boarded they did request permission, and they also waited for our response. They even mentioned something (humorous I think) about their boots marking the boat, it was not a demanding manner at all. They were training one of their team and the main emphasis was having proper life vests, flairs and extinguishers updated, and I am pretty sure they checked for oil in the bilge and having something onboard to collect it if a problem occurred. It was an educational and interesting experience actually. Everyone on the boat (we were crew on a friend's boat) made mental notes to make sure all of our boats were in good shape in the event we were also boarded in the future. All in all it just served as a good reminder that we have an obligation to keep our boat up to date with these things, and what is there to resent about that?

Though obviously you are correct that we all need to vigorously preserve our personal rights, We each chose where to get excited and when to move along.
 
Sep 17, 2012
3
Oday 34 Noank
I've been sailing in New England (primarily) for 45 years and had never been boarded -- until I took my 20 year old daughter and three of her equally attractive girl friends on a weekend sail. Got boarded Friday afternoon while they were sunbathing. Got boarded again on Saturday afternoon -- also while they were sunbathing.

I'm the son of a USCG officer and I don't mind the boarding one bit. I've never run across anyone from the USCG who wasn't professional, helpful and friendly. And frankly, I think the girls loved the attention.
 
Jul 5, 2004
14
Catalina 27 Yorktown
Boarding Sailboats

I'm not sure they approach and board sail boats as often as powerboats and party barges but it can happen. I suspect having the CG auxiliary do their annual free inspection and placing the sticker would reduce the chances even more. Oh we'll, even if they do, you'll be in compliance anyway.
IMO they board Sail boats to check for safety equipment and complicance. it's easy to have flares expire and that's one thing they check.

I agree they always act professionally and courteously.

Larryt
Catalina27..
 
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