Boarding

quote:
Originally posted by November Charlie

Not saying it's unreasonable at all. I'm just curious is all. Myself, I'd rather be boarded by a more experienced BO...

Simple curiosity is all...

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We were in international waters (well over 200 miles from land) and we are not a U.S. flagged vessel, I was politely asked if I would allow a contingent to board our vessel, I was under no requirement to say yes. Because of the size of our vessel (57') I agreed to allow the boarding but to limit the size and armament of the boarding party to one NCO and one commissioned officer with side arms only. It was my right to do so, the USCG did not have to accept my terms they could have refused and elected not to board our vessel.

I have no problem with the USCG, we have always been treated with kindness and respect. The DEA on the other hand thinks they own the seas and we have had more than one altercation with them, needless to say they have not boarded our vessel.

SeaQuest OE
A Lagoon 570
Anchored at Georgetown, Bahamas
 
Tigerpaws: According to United States v. Gonzalez. 776 F.2d 931 Monroe Leigh
The American Journal of International Law, Vol. 80, No. 3 (Jul., 1986), pp. 653-656
doi:10.2307/2201786. The US Coast Guard can stop and board your vessel on the high seas.
 
Understandable - I was just curious why you'd want a commissioned boarding officer.
 
The USCG has no jurisdiction on the high seas outside our exclusion zone except during time of war. And then at time of war, it's what some one will yield to at the end of the pointy spear.
 
quote:
Originally posted by jpowell

And then at time of war, it's what some one will yield to at the end of the pointy spear.

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Or pointy M16.
 
Jim, the USCG can board a US flagged vessel anywhere in the world but can only board a foreign flagged vessel with permission or within their own waters.
In the case of a Canadian vessel you can be boarded in US waters only. If for some reason they want you to go to a US port and you have a provincial licensed boat you are on your own. If you have a Canadian Federally registered vessel then you may request the presence of a consular official at the dock.
This goes back to the 64 shares you own in the boat. The consular official is there to protect the 36 shares theoretically owned by Her Majesty.
 
Gary: reread what I have posted above. The US courts have ruled in favour of the Coast Guard for boarding outside US waters
 
quote:
Originally posted by Jim Carter

Gary: reread what I have posted above. The US courts have ruled in favour of the Coast Guard for boarding outside US waters

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Jim,

You are right for U.S. flagged vessels but for vessels flagged from a different country operating in international waters and not in an active war zone, the USCG must ask for permission before boarding a foreign flagged vessel. There are some minor exceptions but in general that is what the U.S. has agreed to under international maritime treaties. Additionally any treaty the U.S. agreed to and congress ratifies becomes part of the Constitution and therefor the supreme law of the land.

SeaQuest OE
A Lagoon 570
Anchored at Georgetown, Bahamas
 
I was involved in a thread on another site about CG boardings. I have a bit of an issue with the increase in boardings in our area. The small go fast home land security boats are now pulling boats over left and right for safety checks (who knows why ) some say it is practice for them. I'm talking about the small orange crafts with the 50 cal gun up front. These were originally built for homeland security.
I know I should appreciate that at least their out there looking around, but like we all knew, Big Brother was going to get more into our private lives.
What was surprising to me is how many people get peeved about wire tapping for homeland security, but think it is fine to be boarded for a 45 minute check out.
The world is a changing.
 
We have been hearing complaints from other cruisers and on the SSB nets about increased boardings. This seems to be isolated to U.S. waters, while we were in the Med last hurricane season we did not see hide nor hair of any local officials after clearing immigration and customs in several countries.

Here in the Bahamas the only boardings you hear about is from the DEA and talk about a NASTY bunch. Our last run in with them was not pleasant, we refused to allow them to board as they did not have a Bahamian official with them. They threatened to board us by force to which I replied we would repel any attempt at boarding our vessel by force of arms. I then sat telephoned the Bahamian CG and informed them of our position and that an unknown armed boat was trying to board our vessel and that we were preparing to repel the boarding. Within 5 minutes the DEA left, I guess they got a call but who knows, I still filed a formal written complaint with the Bahamian Interior Minister.

SeaQuest OE
A Lagoon 570
Anchored at Georgetown, Bahamas
 
The USCG is under more and more pressure to tighten up our coasts and harbors. It is coming from the politicians and the media who is reporting how "unsecure" our harbors are against terrorists, slave trade and illegal drugs. Part of that pressure results in more boardings. It is a fact of life that will not change as long as we have to protect our waters and harbors from these threats.

Appreciate the enormous task the USCG has and cooperate with them without rancor.

Semper Paratus!
 
TigerPaws: The US Court of Appeals, 11 circuit, Justice Kravitch, affirmed & held,on Nov. 1 1985, that under the Marijuana on the High Seas Act, 21 U.S.C. 955a-955b, 1982 & suppliment II 1984,"No formal or preexisting treaty is necessary to enable the US to extend it's 'Custom Waters' jurisdiction to reach foreign nationals on a foreign flagged vessel outside of US Territorial Waters.

The case involved stopping and boarding a foreign vessel 125 miles east of Florida and arresting 6 people. Since this case there has been numerous stopping and boarding of foreign flagged vessels outside of US Waters.
 
I think it’s pretty commonly known that the CG has the right to board you conduct a ‘safety check’ while on open water. The original post had to do with a boat that was at the dock. When you’re tied up at night relaxing in your ‘second home’, does the CG (or any other official) have right to board your boat and conduct an inspection/search without warrant of cause?
 
quote:
Originally posted by Tim R

I think it’s pretty commonly known that the CG has the right to board you conduct a ‘safety check’ while on open water. The original post had to do with a boat that was at the dock. When you’re tied up at night relaxing in your ‘second home’, does the CG (or any other official) have right to board your boat and conduct an inspection/search without warrant of cause?

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With respect to the CG - YES
 
My original question was not about the CG, everyone seems to agree that they can board. My question was about other agencies (fish & game local PD). I am retire NYPD Detective and have some knowledge about search & seizure laws. BTW refusal to allow a voluntary search is not, in itself, grounds for obtaining a search warrant. You need more that that.
 
With respect to the CG - YES
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We were in Charlexois, Michigan a few years ago and watched an old Sea Ray run into a moored boat damaging its hull. The moored boat was in great shape except for the damage which was just done. The old boat had so many dings on its hull one more was not noticable. No registration numbers were visible. The captain of the old boat tied it up and went to town not saying a word. The CG was called and knocked on the hull of the old SR. No answer. The coasties went aboard a did a search. The captain returns and was irate. The CG told him in no uncertain terms to stand down or he was going to jail. Pretty much the end of the story except for all of the safety violations he received in his written report.
 
I do not mind being boarded by the CG, but I do wish they would not take 45 minutes to launch their RIB in 2-3ft seas. This just happened to me last Feb leaving, but still in sight of Bimini. My girlfriend was getting sick, and I was getting a little annoyed, because I wanted to beat the winds that were predicted for the afternoon. It was a 34' searay, and we were heading back to FL.

Oh yeah, and the black scuff marks from the boots.

They were extremely professional though.
 
If you feel you're better off making way while waiting for or during a boarding, tell them! Don't see why they wouldn't oblige. Very reasonable people when approached in a reasonable manner.
 
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