Law Enforcement & Coast Guard Boardings
Law Enforcement (46 USC 2302)
A vessel underway when hailed by a Coast Guard vessel is required to heave to or maneuver as directed so as to permit a boarding team to come aboard. Other federal, state, and local maritime law enforcement officials may also board and examine your vessel, whether it is
numbered, unnumbered, or documented. U.S. Coast Guard law enforcement personnel work with and may also be found aboard other agencies' enforcement vessels.
The U.S. Coast Guard may impose a civil penalty for failure to, but is not limited to:
- Comply with equipment requirements.
- Report a boating accident.
- Comply with other federal regulations.
- Comply with Navigation Rules.
Negligent Operation (46 USC 2302 (a) (b))
Federal law prohibits the negligent or grossly negligent operation of a vessel and/or interference with the safe operation of a vessel so as to endanger lives and/or property. The U.S. Coast Guard may impose a civil penalty for negligent operation. Grossly negligent operation is a criminal offense and an operator may be fined up to $5,000.00 USD, imprisoned for one year, or both.
Some actions that may constitute grossly negligent operation (criminal offense) are:
- Operating a vessel in a designated swimming area
- Excessive speed in the vicinity other vessels or in regulated waters
- Hazardous water skiing or other water sports practices.
- Bowriding, or riding on a seatback, gunwale, or transom.
- Operating a boat while under the influence or alcohol or drugs (higher severe penalties may be imposed for BUI see our section on BUI for more information)
Boating User the Influence (BUI) (46 USC 2302 (c)/33 CFR 95)
Operating a vessel while intoxicated is dangerous and a federal offense in any waterway. If an operator of a recreational boat has a blood alcohol content of .08 or greater, the operator is subject to a civil penalty of $1,000.00 USD and, a criminal penalty of $5,000.00 along with a one-year imprisonment (or any combination of the above, penalties are deicide by the U.S. Coast Guard Boarding officer). Intoxicated operators who are cited by the Coast Guard may also be cited by other state or local law enforcement officials. State criminal penalties may also be imposed in addition to Coast Guard penalties. The Coast Guard may also arrest, fine, and/or revoke the operators mother vehicle driving privileges
Termination of Use (46 USC 4308/33 CFR 177.05)
A U.S. Coast Guard Boarding Officer who observes a vessel being operated in an unsafe condition, and determines that an especially hazardous condition exists that cannot be corrected on the spot, may terminate the vessel's voyage and direct the operator to return to port. The Coast Guard may also tow the vessel back to port, board the vessel arrest the operator, and Coast Guard boarding teams may operate the vessel back to port.
Termination for unsafe use may be imposed for but is not limited to:
- Insufficient life jackets or life saving devise, insufficient wearing of the life jacket or life saving devices
- Insufficient fire extinguishers
- An overloaded vessel. (Any vessel exceeding its U.S. Coast Guard indicated weight or persons on board limit. Even if you are under the limit for persons on board, if your vessel exceeds the weight limit you will be directed to return to port. The Coast Guard may direct you to a port of shore for a weight check of your vessel.)
- Improper display of navigation lights
- Improper ventilation of fuel tanks and engine spaces.
- Fuel leak or accumulation of fuel in bilges.
- Inadequate or missing backfire flame control.
- Operating in regulated boating areas
- In the thirteenth USCG District: Idaho, Montana, Oregon, Washington operating in times of predetermined adverse conditions may result in being directed to return to port and/or criminal fines
An operator who refuses to comply with any directions of a U.S. Coast Guard Boarding officer or U.S. Coast Guard Auxiliary Safety Patrol vessel to terminate the unsafe use of a recreational vessel can be cited by a Coast Guard boarding officer for failure to comply with a federal agent or obstruction of justice. They may also be in violation that was the basis for the specific termination order. Violators maybe fined up to $1,000.00 USD and/or imprisoned for up to one year.
Reporting Boating Accidents (33 CFR 173.55)
The operator or owner of any recreational boat is required under federal law 33 CFR 173.55 to file a Boating Accident Report (click the blue text to download a form) to the Coast Guard, if the boat is involved in an accident that results in any of the following:
- Loss of life.
- A person disappears from the vessel under circumstances that indicate death or the person maybe injured. (If the person is found w/ injuries and the operator did not file a report criminal charges maybe filed)
- Injury that requires medical treatment beyond basic first aid. (Anything not handballed on the spot with the most basic of first aid kits, and does not require any care after that of the first aid).
- Damage to the boat and/or property damage of $2,000.00 USD or more (amounts vary for local reporting based on state laws, this applies to the amount required to report to the Coast Guard)
Boat operators are required to report their accident to local authorities in the state where the accident occurred.
Fatal Accidents
Immediate notification is required for fatal accidents. If a person dies or goes missing as a result of a recreational boating accident, the nearest state boating authority, along with the Coast Guard must be notified without deploy. The following information must be provided:
- Date, Time and exact location of the accident.
- Name of each person who died or went missing.
- Number and name of the vessel.
- Name and address of the owner and operator of the vessel
Reporting Timelines
If a person dies, goes missing from the vessel, or receives injuries requiring medical treatment beyond basic first aid, a formal report on a U.S. Coast Guard Boating Accident Report form must be filed within 48 hours of the accident.
For accidents involving property damage of $2,000.00 USD or more, or the complete loss of a vessel, a formal report on a U.S. Coast Guard Boating Accident Report form must be made within 10 days.
Note: that state requirements for reporting boating accidents may be more stringent then federal law requirements. Some states, for example, may require that all boating accidents be reported immediately. Check with the local marine patrol or the Boating law Administrator in the state where the accident occurred for the reporting procedures that apply. To download a Reference Guide to State Boating Laws please click here. To download a copy of a U.S. Coast Guard Boating Accident Report form you may click the blue text of "Boating Accident Report form" any place on this page.
Rendering Assistance (46USC 2304)
The master or person in charge of a vessel is obligated by law to provide assistance that can be safely provided to any individual in danger at sea. The master or person in charge (PIC) is subject to a fine and/or imprisonment for failure to do so.
Requesting Assistance (Non-Distress Call)
If a boater contacts the U.S. Coast Guard on Channel 16 VHF-FM or Channel 70 DSC and the situation is determined to be non-distress, the Coast Guard will offer to contact any assistance provider (commercial or friend) the boater requests. The Coast Guard will not dispatch a Coast Guard or Coast Guard Auxiliary Tow Vessel, these are only dispatched in the event of an emergency. If a boater has no preference, the Coast Guard will issue a Marine Assistance Request Broadcast (MARB). The boater man then be contacted directly by another boater "Good Samaritan" or by a commercial assistance provider with an officer of help.
U.S. Coast Guard Boarding Policy
Title 14 section 89 of the United States Code authorizes the U.S. Coast Guard to board vessels subject to the jurisdiction of the United States, anytime, any place upon the high and upon any waterway over which the United States has jurisdiction, to make inquires, examinations, inspections, searches, seizures, and arrests. The U.S. Coast Guard does not require a warrant to conduct search, seizures, arrests over any United States Waterway or high seas. The U.S. Coast Guard also have full legal law enforcement power on any land under the control of the United States, as needed to complete any mission.