Law Enforcement
Depending on where and how a vessel is operated, she is likely to fall under the law enforcement jurisdiction of a number of agencies and entities including the following: the U.S. Coast Guard; the U.S. Customs Service; the Immigration and Naturalization Service; the Drug Enforcement Administration; County marine patrols; municipal marine patrols; and Wildlife and Fisheries agents. In foreign waters, of course, local agencies will have jurisdiction. Any of these agencies could enforce laws pertaining to a vessel and, as will be explained below, their powers can be quite broad.
By far the agency with the broadest functions and jurisdiction is the
U.S. Coast Guard. Since 1967 the Coast Guard operates under the Department
of Transportation. It is a civilian agency which, in time of war, can
be mobilized under the command of the U.S. Navy. The functions of the
Coast Guard in time of peace are: (1) law enforcement and administration
of boating regulations; (2) maintenance of aids to navigation and rescue;
(3) oceanographic research.
Under the Customs Enforcement Statute (19 U.S.C. §1581a)
which applies to the so-called "customs waters" of the United States,
the Coast Guard may "....go on board any vessel and examine, inspect,
and search the vessel and examine every part thereof and any person.....
or cargo on board, and to this end may.......stop such vessel." This,
incidentally, applies to both U.S. and foreign vessels without regard
to whether the vessel is bound for the U.S. If a violation of American
law is found, the vessel may be seized and the persons on board prosecuted
in American courts. The authority of U.S. officials even extends to the
high seas to search, seize, and assert jurisdiction on vessels. Most of
the cases involve the seizure of vessels involved in narcotic trafficking.
U.S. officials, under the 1980 Marijuana on the High Seas Act
can also assert jurisdiction over
a) any vessel documented under U.S. laws;
b) any vessel owned in whole or in part by a U.S. citizen or corporation,
unless such vessel has been granted nationality by a foreign nation; and
c) any vessel without nationality or assimilated to statelessness under
Article 6(2) of the Convention on the High Seas.
The Coast Guard investigates marine casualties in order to determine
the causes. While such investigations do not per se create civil
liability, they do influence lawsuits. In addition, a Coast Guard finding
of fault can lead to suspension or revocation of captains' licenses or
other seamen's documents and even to criminal charges. It should be noted
that, during an investigation, the Coast Guard has the authority to subpoena
witnesses and documents and to examine, inspect, and search anything it
deems relevant. The Coast Guard also has the authority to perform random
drug and alcohol tests of licensed captains and crew members, and even
unlicensed crew members with duties related to safety. Recreational boaters
are subject to drug and alcohol testing by the Coast Guard if they are
involved in a collision or accident. The Coast Guard's definition of intoxication
is a blood-alcohol level of .10 percent unless the state has a more stringent
threshold which would then be applied.
The procedure of Coast Guard or other agency boarding is a simple, though
not necessarily a pleasant one. A passing Coast Guard vessel will hail
the ship to be boarded on VHF radio channel 16 and request identification.
They will normally ask the vessel to stand by or stop so that their boarding
boat can safely go alongside the vessel to be boarded. Boarding parties
usually carry drug-testing and alcohol-detection devices. The boarding
team includes at least two people armed with 9mm handguns. The agents
first identify themselves and then inquire as to weapons on board. If
any weapons are on board they will seize them for the duration of the
boarding. During the boarding, officers inspect registration or documentation
papers and look for violations of law. In particular, they can check compliance
with laws and regulations regarding drugs and alcohol, safety equipment
and aliens. If a drug or other search by the coast Guard does not produce
any evidence of violations but causes damage to the vessel, the vessel
owner can seek reimbursement.
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