A Voice from the Eastern Door

Coast Guard Can Board Any Vessel Without Probable Cause

During National Safe Boating Week 2016, which was last week, the Great Lakes Coast Guard highlighted key safety tips for the 2016 boating season, focusing on one each day through media releases. They promoted things like life jackets, boat responsibility, the importance of emergency distress equipment and more. One release talked about what to expect during a Coast Guard boarding.

“The Coast Guard is reminding all Great Lakes boaters they are subject to Coast Guard boardings and should understand the process so they will be prepared if they are boarded while underway. The Coast Guard may board any vessel, including kayaks, canoes, and personal watercraft, at any time to ensure the safety of those aboard and others nearby.”

A Petty Officer was quoted in the release: “One of the biggest misconceptions boaters have about Coast Guard boarding teams is that we need probable cause to conduct an inspection.”

In fact they do not. The release states:

Fact: The Coast Guard has the authority under Title 14 USC 89 to make inquires, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, in order to enforce federal laws. The Coast Guard can inspect any craft at any time in their jurisdiction. Coast Guard boarding officers enforce federal laws and regulations.

The officer also said, “We are conducting safety checks and we usually complete boarding of a recreational vessel in less than 30 minutes.”

Just like in a motor vehicle, operators should also be prepared to present the vessel’s original registration paperwork and government-issued identification.

Coast Guard boarding teams physically inspect the following required safety equipment:

• Life jackets, ensuring there is an appropriate-sized one in working condition for each person aboard

• Visual distress signals, such as flares, and their expiration dates

• Sound-producing devices, such as whistles or air horns

• Fire extinguishers, when required

• Any other safety equipment required by law

Additionally the release stressed, “The decision to board a vessel is based on activity, location, and in some circumstances, obvious violations such as operating at night without navigation lights. Boardings are not necessarily based on suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and keep our waterways safe.”

The release ended with “Avoiding a citation is relatively easy: obey the rules of navigation, ensure your boat is properly registered and marked, and keep and maintain all required safety equipment.”

 

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