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  #1  
Old 07-04-2009
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Zak Sutherland

I was just reading Zac's blog as I do every day and found it very surprising he said he was boarded by US Coast guard 20 miles off of Mexico, what is the US doing in other countries waters boarding vessels, is there some law or right they have that the rest of the world does not have.
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Old 07-04-2009
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The USCG can board a US flagged vessel anywhere in the world.
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Old 07-05-2009
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Isn't 20 miles off a coast international waters?
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Hey stuffit "Get a life"
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  #4  
Old 07-05-2009
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Exclamation USCG Right to Board at anytime, anywhere.

Quote:
Originally Posted by theartfuldodger View Post
I was just reading Zac's blog as I do every day and found it very surprising he said he was boarded by US Coast guard 20 miles off of Mexico, what is the US doing in other countries waters boarding vessels, is there some law or right they have that the rest of the world does not have.
Denby and Dodger, I think the following will explain some.

One of the interesting parts of all of this is the penalies. The vessel itself can be held "liable in rem" for the offense in addtion to the owner, operator or master. It can as you can see get expensive.

CHAPTER 23 - OPERATION OF VESSELS GENERALLY
Sec. 2301. Application
Except as provided in section 2306 of this title, this chapter applies to a
vessel operated on waters subject to the jurisdiction of the United States
(including the territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.


[CGD 88-002A, 56 FR 8880, Mar. 1, 1991]
PART 26--OPERATIONS--
Subpart 26.15--Boarding
Sec. 26.15-1 May board at any time.
(a) To facilitate the boarding of vessels by the commissioned, warrant,
and petty officers of the U.S. Coast Guard in the exercise of their
authority, every uninspected vessel, as defined in 46 U.S.C.
2101(43), if underway and upon being hailed by a Coast Guard vessel,
must stop immediately and lay to, or must maneuver in such a way to
permit the Coast Guard boarding officer to come aboard. Failure to
permit a Coast Guard boarding officer to board a vessel or refusal to
comply will subject the operator or owner of the vessel to the penalties
provided in law.
(b) Coast Guard boarding vessels will be identified by the display of
the Coast Guard ensign as a symbol of authority and the Coast Guard
personnel will be dressed in Coast Guard uniform. The Coast Guard
boarding officer upon boarding a vessel will identify himself to the
master, owner, or operator and explain his mission.


Sec. 177.09 Penalties.
An operator of a vessel who does not follow the directions of a Coast
Guard Boarding Officer prescribed in Sec. 177.05 is, in addition to any
other penalty prescribed by law, subject to--
(a) The criminal penalties of 46 U.S.C. 4311, which provides that a
person willfully operating a recreational vessel in violation of 46
U.S.C., Chapter 43 or regulations issued thereunder, shall be fined not
more than $5,000, imprisoned for not more than one year, or both.
(b) (1) The civil penalties for violating 46 U.S.C. 4307(a)(1). (2) The
civil penalties of 46 U.S.C. 4311, which provides that a person
violating any other provision of 43 U.S.C., Chapter 43 or regulation
issued thereunder is liable to the United States Government for a civil
penalty, and, if the violation involves the operation of a vessel, the vessel is liable in rem for the penalty.
[CGD 96-052, 62 FR 16703, Apr. 8, 1997]

Hope this helps to explain,

John

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Last edited by JHJensen; 07-05-2009 at 10:00 PM.
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Old 07-05-2009
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Our lot tell us they have the right to board our floating homes anywhere in OZ waters - that is hard enough to take but in international waters and a well known boat. As usual, its pure left brain aka no brain thinking. As to the US owned boats - they pick on Kiwi and Aust yachts as well and obviously other nationalities I am unaware of.
Is there anywhere we (cruisers) can mind our own business, have minimal impact on the environment and enjoy our own lives without being treated like criminals until they dont find anything!!! - yeah just rabbiting on about the usual. Have a nice days guys

Last edited by St Anna; 07-05-2009 at 07:25 PM.
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  #6  
Old 07-05-2009
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Boardings by USCG and others

Quote:
Originally Posted by St Anna View Post
Our lot tell us they have the right to board our floating homes anywhere in OZ waters - that is hard enough to take but in international waters and a well known boat. As usual, its pure left brain aka no brain thinking. As to the US owned boats - they pick on Kiwi and Aust yachts as well and obviously other nationalities I am unaware of.
Is there anywhere we (cruisers) can mind our own business, have minimal impact on the environment and enjoy our own lives without being treated like criminals until they dont find anything!!! - yeah just rabbiting on about the usual. Have a nice days guys
St. Anna,
I can understand down in Oz where a boarding could be intrusive. We have had the same problems here in the US since 911. My experience with the USCG has been great. Local police are another story and can be a problem in some areas.

As to Zac getting boarded, he was off the coast of Mexico and there is a drug smuggling problem and the USCG and several other agencies have a high profile so I am not surprised he was boarded. I did not not look at his blog yet, so I don't know how he was treated.

Best ,

John

PS Just read Zacs blog and it looks like he got a routine boarding and was treated ok.
I would also add that just because his trip is big thing in some circles. I would not really expect the USCG field guys to be up on all the goings on unless they were notified to be on the look out for him. Cheers.
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Last edited by JHJensen; 07-05-2009 at 07:56 PM.
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  #7  
Old 07-06-2009
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JHJensen,

I appreciate you acceptance. In QLD we have Water Police, Customs, Fisheries, Parks & Wildlife, Coastal surveillance aircraft etc. A different group can check you out anytime - apparently unaware of what happened previously. We once had 5 days in a row where a different group wanted to see my safety equipment. They had a quota to fill and we looked like we would be an easy mark. I made the last lot(water police) look at every item of safety gear we had. We were left alone after that.

You obviously know your own rules/regs. Knowing the rules and knowing your rights - would you arc up if you felt they were over stepping the mark?
All the best
David
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  #8  
Old 07-06-2009
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Quote:
Originally Posted by St Anna View Post
JHJensen,

I appreciate you acceptance. In QLD we have Water Police, Customs, Fisheries, Parks & Wildlife, Coastal surveillance aircraft etc. A different group can check you out anytime - apparently unaware of what happened previously. We once had 5 days in a row where a different group wanted to see my safety equipment. They had a quota to fill and we looked like we would be an easy mark. I made the last lot(water police) look at every item of safety gear we had. We were left alone after that.

You obviously know your own rules/regs. Knowing the rules and knowing your rights - would you arc up if you felt they were over stepping the mark?
All the best
David
David,
I like your term "arc up". To answer your question Yes I would. Sounds like your agencies need to be talking to each other. Left hand maybe should know what the right hand has already done.

John
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  #9  
Old 07-06-2009
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I guess the term " unreasonable search " as written in no less a document then THE CONSTITUTION , has very little meaning in the U.S. today . I resent any & all government intervention in my life . Our government is peopled by the worst kind of whores.....whores that don't know or believe they're whores . Anyone who believes they are " safe & secure in their home & possessions " , also words from the Constitution , is delusional . At 60 years old & always having been peaceful & law abiding , I now regard any dealings with government on any level as under duress . Freedom & rights in this country have now become no more then a thinly veiled aura projected by the same aforementioned empty words . The founding fathers would be appalled & ashamed of the perversion we we have let the government make of the sacred ideals of freedom & liberty . Furthermore , were I in need of assistance , given my feelings for present government entities , The Coast Guard would be the last people I would call & yes ....the courage of that stated conviction has been been tested more then once .
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Old 07-06-2009
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Quote:
Originally Posted by kjango View Post
I guess the term " unreasonable search " as written in no less a document then THE CONSTITUTION , has very little meaning in the U.S. today . I resent any & all government intervention in my life . Our government is peopled by the worst kind of whores.....whores that don't know or believe they're whores . Anyone who believes they are " safe & secure in their home & possessions " , also words from the Constitution , is delusional . At 60 years old & always having been peaceful & law abiding , I now regard any dealings with government on any level as under duress . Freedom & rights in this country have now become no more then a thinly veiled aura projected by the same aforementioned empty words . The founding fathers would be appalled & ashamed of the perversion we we have let the government make of the sacred ideals of freedom & liberty . Furthermore , were I in need of assistance , given my feelings for present government entities , The Coast Guard would be the last people I would call & yes ....the courage of that stated conviction has been been tested more then once .
"Those who are ready to sacrifice freedom for security ultimately will lose both."
--Abraham Lincoln

"Those who would sacrifice freedom for security deserve neither."
--Ben Franklin
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