Boat Smart 3

The last two Boat Smart columns addressed a very user-friendly Coast Guard regarding its vessel boarding policies. This final three-part article will look at the Coast Guard’s more aggressive side. I can tell you this as both a Coast Guard family member and one who enforces its laws: it’s a wonderfully benevolent organization, but watch out when it is duly provoked.

Few things provoke a Coast Guard boarding officer more than to witness an unsafe situation on the water; this is especially true of experienced boarding officers. Understand, many boarding officers have a great deal of search and rescue experience; too often these veteran coasties have dealt with the devastating aftermath of careless behavior. Lets look at some offenses that will definitely draw a coastie’s eye.

False May Days: If a person is found guilty of making a false May Day call you can expect no mercy. Rear Adm. John F. McGowen, commander of the Coast Guard’s 9th District in Cleveland said of hoax callers: “If you call the Coast Guard out, we will respond, and if you call in a hoax, we will prosecute.” Admiral McGowen was a driving force behind the conviction of a 43 year-old Mentor, Ohio man, for making 10 false distress calls to the Coast Guard Station Fairport Harbor, Ohio between May 1 and July 2, 1997. He was ordered to spend 15 months in federal prison and make restitution to the Coast Guard for $139,245 in search and rescue expenses. He is to pay off the debt at 15 percent per month of whatever gross monthly income he makes. In the case of kids making hoax calls, guess who the Coast Guard is going after- not the kids.

Boating Under the Influence (BUI): If you want to see the Coast Guard play hardball, get caught operating under the influence (BUI). During the 1997 boating season Coast Guard Group Grand Haven personnel along Michigan’s eastern shore wrote 11 BUI citations. If the blood alcohol content is .10% or higher for operators of recreational vessels, violators are subject to a civil penalty not to exceed $1,000 or a criminal penalty not to exceed $5,000, one year imprisonment or both. During 1997 nearly 30 percent of the 824 boating fatalities involved alcohol. That’s fatalities, not accidents- here the figure rose to 50 percent involving alcohol. Believe me, you don’t want to go there with a Coast Guard boarding officer including me.

Negligent Operation: Negligent or grossly negligent operation of a vessel which endangers lives and or property will certainly draw the Coast Guard’s attention. Some examples of actions that may constitute negligent or grossly negligent operation are:

Operating a boat in a swimming area.

Operating a boat while under the influence of alcohol or drugs.

Excessive speed in the vicinity of other boats or in dangerous waters.

Hazardous water skiing practices.

Bowriding, also riding on the seatback, gunwale, or transom.

Often a Coast Guard boarding officer will give the violator the benefit of the doubt and issue a warning for the above offenses. A second time, expect to be charged with a criminal offense that may draw a fine up to $5,000, imprisoned for one year, or both.

Termination of Use: If a boarding officer observes a boat being operated in an unsafe condition, he may direct the operator to return to port. Termination for unsafe use may be imposed for:

Insufficient number of CG Approved life jackets.

Insufficient fire extinguishers.

Overloading beyond manufacturer’s recommended safe loading capacity.

Lack of or improper navigation lights.

Ventilation requirements for tank and engine spaces not met.

Fuel leakage.

Improper backfire flame control.

Manifestly unsafe voyage.

An operator who refuses to terminate the unsafe use of a vessel can be cited for failure to comply with the directions of a Coast Guard boarding officer, as well as for the specific violations which were constituted the termination order. Violators may be fined not more than $1,000 or imprisoned not more than one year or both.

Even in spite of the Coast Guard’s more aggressive enforcement policies, boater safety still undergirds their actions- especially the safety of those endangered by the careless behavior of others.

Boat Smart- stay on the Coast Guard’s much friendly side.