# Being boarded by the Coast Guard or FWC. What are your rights?



## Corpsman (Oct 3, 2007)

I have been boarded several times by the FWC, but never by the Coast Guard. Now, let me state for the record that I always abide by the regs and never have anything to hide. But just because I have nothing to hide in my home does not mean I would allow the police or other agency to enter or search without a warrant. If you are pulled over on the highway, the police have to have probable cause or permission to search your car. Does being on the water with fishing equipment constitute probable cause for the FWC to board your boat? Do they even HAVE to have probable cause, or are the rules different on the water? Can the CG board and search your vessel without any evidence that you are doing somthing wrong?


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## Nathan (Oct 13, 2007)

Boating and fishing are highly regulated activities. No PC is necessary to board a vessel to conduct a safety inspection. If you're fishing, anything capable of holding fish can be inspected. 



Nathan


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## Downtime2 (Sep 27, 2007)

They don't need probable cause other than a "safety inspection". We were boarded last summer on Bodacious. Turned the vessel inside out. Took em about 30 minutes on the intercoastal. Only thing we found out was, you have to have a waste disposal plan on vessels over 40 feet. We had everything in order. They were friendly and professional. Even let us stay under way with 4 of them on board at idle speed.


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## welldoya (Oct 5, 2007)

I'm pretty sure you have the right to remain silent............


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## Corpsman (Oct 3, 2007)

> *Downtime2 (5/11/2008)*They don't need probable cause other than a "safety inspection". We were boarded last summer on Bodacious. Turned the vessel inside out. Took em about 30 minutes on the intercoastal. Only thing we found out was, you have to have a waste disposal plan on vessels over 40 feet. We had everything in order. They were friendly and professional. Even let us stay under way with 4 of them on board at idle speed.


See Wade, that just does not seem right. They boarded for a "Safety inspection" yet they turned the entire vessel inside out? It seems if you can produce the required safety items they should not be able to search your entire vessel. I am going to do a little research with a maritime lawer... I will let you guys know what I find out.


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## Shakedown (Oct 7, 2007)

Nathan is correct. As well, there is less an expectation of privacy on a boat... same as a car.


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## Downtime2 (Sep 27, 2007)

They went down in the engine room, through the whole vessel, looked at all safety equipment, the trash can, inspected fish boxes, livewill, fridge, even the fish bag. Don't think they checked for change under the cushions, but pretty thorough. What are you gonna do though? Argue andI figure you gonna get checked every time they see you. Cooperate, let em' look it over till they are satisified, they'll leave you alone. We didn't have anything to hide....


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## reelhappy (Oct 31, 2007)

one of the things that was said at the panama city meeting about the snapper was that the feds would not be able to inforce the nine mile limit state waters being open and fed water being closed. looks like that they are making a statement that if you break the law you will get caught and pay the price!


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## floater1 (Oct 31, 2007)

about boarding boats by fwc or coast guard i was told yesterday be the coast guard u can refuse to let them on your boat but it onlys takesabout 5 minutes for them to have proper search warrants to board yourvessel as for the fwcthey do not have to have a search warrant if they suspect you violated the law it gives them probable cause to search it is one of the rules, as far as a game warden they have more jurisdiction then the police department they can enter your home with probable cause without a search warrant had this happen to a good friend of mine who lives in munson


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## Nathan (Oct 13, 2007)

If you have a head that is what they use to get below deck. MSD checks can get pretty thorough. They probably checked the engine compartment to check for bilge discharge and proper ventilation. 



Nathan


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## reelhappy (Oct 31, 2007)

they are just trying to inforce the laws. they don't make them. if you don't like the laws help change them, by joining a club or going to the meetings and speaking up as is your right as a american. if you don't go someone else will speak up for you, but don't count on him to say what you feel everyone has there own agenda. and if you leave it up to them you won't be able to fish at all!


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## floater1 (Oct 31, 2007)

i got my citation and was reading it this is what is printed on the back in small writing purpose of boarding the coast guard is the primary maritime law enforcement and safety agency ot the united states. under statutory authority coast guard boarding officers may at ANY TIME go onboard vessels subject to the jurisdiction of the united statesand make inquiries,examine vessel papers,and inspect,examine and search the vessel for the detection,prevention ans suppression of violation of the united state laws, the coast guard is also authorized to make seizures and arrest and use all necessary force to compel compliance while conducting boardings the coast guard enforces regulations related to recreational boating safety, bwi,pollution,vessel documentation and registration and many outher areas including criminal lawssuch as possession and distribution of illegal drugs,weapons,stolen boats,alien smuggling as well as custom laws, the coast guard also does checks for the u.s. fisheries regulations and agreements, all this is done through an active boarding policy in wich boarding teams follow estabilished procedures for going onboard u.s. and foreign vessels subject to u.s. jurisdiction to conduct inspections the number to contact coast guard with and questions reguarding boardings may call 1(800)368-5647 authority for boardin #'s are 46 u.s.c. 2302,46 u.s.c. 4311, 46 u.s.c. 12309, 46 u.s.c. 4106,46 u.s.c. 12122,14 u.s.c. 89


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## whome (Oct 2, 2007)

> *Corpsman (5/11/2008)* Can the CG board and search your vessel without any evidence that you are doing somthing wrong?


I bet if they found something wrong with your boat that would prevent you fromdying in the near future you would be grateful? They are welcome to search my boat anytime they want. I would hate for them to find a safety problem, but I would rather them find itwhile they are inspecting,than it become a problem later when its too late.


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## Corpsman (Oct 3, 2007)

> *reelhappy (5/11/2008)*they are just trying to inforce the laws. they don't make them. if you don't like the laws help change them, by joining a club or going to the meetings and speaking up as is your right as a american. if you don't go someone else will speak up for you, but don't count on him to say what you feel everyone has there own agenda. and if you leave it up to them you won't be able to fish at all!


I don't really have a problem with the laws. I wish the snapper limit was not so small, but I don't break the law. As anyone who has dove or fished on my boat will tell you I am actually kind of a pain in the ass about sticking to the rules. Iamjusta bit of a sitckler whenit comes to my constiutional libertys.


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## Corpsman (Oct 3, 2007)

> *floater (5/11/2008)*i got my citation and was reading it this is what is printed on the back in small writing purpose of boarding the coast guard is the primary maritime law enforcement and safety agency ot the united states. under statutory authority coast guard boarding officers may at ANY TIME go onboard vessels subject to the jurisdiction of the united statesand make inquiries,examine vessel papers,and inspect,examine and search the vessel for the detection,prevention ans suppression of violation of the united state laws, the coast guard is also authorized to make seizures and arrest and use all necessary force to compel compliance while conducting boardings the coast guard enforces regulations related to recreational boating safety, bwi,pollution,vessel documentation and registration and many outher areas including criminal lawssuch as possession and distribution of illegal drugs,weapons,stolen boats,alien smuggling as well as custom laws, the coast guard also does checks for the u.s. fisheries regulations and agreements, all this is done through an active boarding policy in wich boarding teams follow estabilished procedures for going onboard u.s. and foreign vessels subject to u.s. jurisdiction to conduct inspections the number to contact coast guard with and questions reguarding boardings may call 1(800)368-5647 authority for boardin #'s are 46 u.s.c. 2302,46 u.s.c. 4311, 46 u.s.c. 12309, 46 u.s.c. 4106,46 u.s.c. 12122,14 u.s.c. 89


Well there you go. That certainly clarifys it. Thanks


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## reelhappy (Oct 31, 2007)

thats good. everyone should know their rights and what they can a can't do. we the people make the laws. we tell our reps what we feel is right and should be law, and they try to be fair and listen to every side and make the right choice for us and the further of the fishery. the best way to change the law is to obay it. and speak out at meetings and help with the data colection. we need to work with them not fight them. they after all work for us!


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## Outside9 (Apr 30, 2008)

<H5 style="MARGIN: auto 0in"><A name=50:8.0.1.1.1.8.1.5><SPAN style="FONT-FAMILY: Arial">CODE OF FEDERAL REGULATIONS:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o></A></H5><H5 style="MARGIN: auto 0in"><SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-FAMILY: Arial">50 CFR 600<o></o></H5>

<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><A name=50:8.0.1.1.1.1.1.2><B style="mso-bidi-font-weight: normal"><SPAN style="FONT-FAMILY: Arial">§600.10Definitions[/B]</A><SPAN style="mso-bookmark: '50:8.0.1.1.1.1.1.2'"><SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><B style="mso-bidi-font-weight: normal">_<SPAN style="FONT-SIZE: 9pt; COLOR: red; FONT-FAMILY: Arial"><o></o>_[/B]

<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'">_<SPAN style="FONT-SIZE: 9pt; COLOR: red; FONT-FAMILY: Arial">Authorized officer _<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-SIZE: 9pt; COLOR: red; FONT-FAMILY: Arial">means:<o></o>

<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(1) Any commissioned, warrant, or petty officer of the USCG;<o></o>

<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(2) Any special agent or fishery enforcement officer of NMFS;<o></o>

<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-SIZE: 9pt; COLOR: red; FONT-FAMILY: Arial">(3) Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson-Stevens Act or any other statute administered by NOAA; or<o></o>

<SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(4) Any USCG personnel accompanying and acting under the direction of any person described in paragraph (1) of this definition.<o></o><H5 style="MARGIN: auto 0in"><SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-FAMILY: Arial">**************************************************************************************************************<o></o></H5><H5 style="MARGIN: auto 0in"><SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><SPAN style="FONT-FAMILY: Arial">§600.725General prohibitions.<o></o></H5><SPAN style="mso-bookmark: '50:8.0.1.1.1.8.1.5'"><P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN class=updatebodytest1><SPAN style="FONT-SIZE: 9pt"><SPAN style="TEXT-DECORATION: none; text-underline: none"><?xml:namespace prefix = v ns = "urn:schemas-microsoft-com:vml" /><v:shapetype id=_x0000_t75 stroked="f" filled="f" path="[email protected]@[email protected]@[email protected]@[email protected]@5xe" oreferrelative="t" o:spt="75" coordsize="21600,21600"><v:stroke joinstyle="miter"></v:stroke><v:formulas><v:f eqn="if lineDrawn pixelLineWidth 0"></v:f><v:f eqn="sum @0 1 0"></v:f><v:f eqn="sum 0 0 @1"></v:f><v:f eqn="prod @2 1 2"></v:f><v:f eqn="prod @3 21600 pixelWidth"></v:f><v:f eqn="prod @3 21600 pixelHeight"></v:f><v:f eqn="sum @0 0 1"></v:f><v:f eqn="prod @6 1 2"></v:f><v:f eqn="prod @7 21600 pixelWidth"></v:f><v:f eqn="sum @8 21600 0"></v:f><v:f eqn="prod @7 21600 pixelHeight"></v:f><v:f eqn="sum @10 21600 0"></v:f></v:formulas><vath o:connecttype="rect" gradientshapeok="t" o:extrusionok="f"></vath><o:lock aspectratio="t" v:ext="edit"></o:lock></v:shapetype><v:shape id=_x0000_i1025 style="WIDTH: 12pt; HEIGHT: 12pt" o:button="t" href="http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=a7b23c73fb222cab3a8cd5f4e7e589cf;rgn=div5;view=text;node=50%3A8.0.1.1.1;idno=50;cc=ecfr#PartTop#PartTop" alt="" type="#_x0000_t75"><v:imagedata o:href="http://ecfr.gpoaccess.gov/e/ecfr/graphics/ret-arrow-generic-grey.gif" src="file:///C:\DOCUME~1\aaac380\LOCALS~1\Temp\msohtml1\01\clip_image001.gif"></v:imagedata></v:shape>top <o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">It is unlawful for any person to do any of the following:<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(a) Possess, have custody or control of, ship, transport, offer for sale, sell, purchase, land, import, or export, any fish or parts thereof taken or retained in violation of the Magnuson-Stevens Act or any other statute administered by NOAA and/or any regulation or permit issued under the Magnuson-Stevens Act.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(b) Transfer or attempt to transfer, directly or indirectly, any U.S.-harvested fish to any foreign fishing vessel, while such vessel is in the EEZ, unless the foreign fishing vessel has been issued a permit under section 204 of the Magnuson-Stevens Act, which authorizes the receipt by such vessel of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1:country-region><st1lace><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">U.S.-</st1lace></st1:country-region><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial"> harvested fish.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(c) Fail to comply immediately with enforcement and boarding procedures specified in §600.730.<o></o>

<SPAN style="FONT-SIZE: 9pt; COLOR: red; FONT-FAMILY: Arial">(d) Refuse to allow an authorized officer to board a fishing vessel or to enter areas of custody for purposes of conducting any search, inspection, or seizure in connection with the enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(e) Dispose of fish or parts thereof or other matter in any manner, after any communication or signal from an authorized officer, or after the approach by an authorized officer or an enforcement vessel or aircraft.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(f) Assault, resist, oppose, impede, intimidate, threaten, or interfere with any authorized officer in the conduct of any search, inspection, or seizure in connection with enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(g) Interfere with, delay, or prevent by any means, the apprehension of another person, knowing that such person has committed any act prohibited by the Magnuson-Stevens Act or any other statute administered by NOAA.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(h) Resist a lawful arrest for any act prohibited under the Magnuson-Stevens Act or any other statute administered by NOAA.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(i) Make any false statement, oral or written, to an authorized officer concerning the taking, catching, harvesting, landing, purchase, sale, offer of sale, possession, transport, import, export, or transfer of any fish, or attempts to do any of the above.<o></o>

<SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Arial">(j) Interfere with, obstruct, delay, or prevent by any means an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA.<o></o>


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## Captain Rog' (Apr 3, 2008)

I was checked 9 times last year by the FWC. Each time they ask me if I had any had any fish. If I had said no, and there was no fishing tackle visable. Would there be p.c. to board without a warrent? The only problem I had was letting ( Cobekiller) count the snapper. The officer let me cut up the one extra snapper, he could have just as easily have written a ticket. I try to play by the rules, I think the FWC officers respect that. They will enforce all the laws, but have no patients for ignorance and blaitant violators.


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## rjl2001 (Apr 20, 2008)

Well specifics of authority and jurisdiction can get pretty technical and confusing. First, the definition of authority is "the Government's legal power to act." Jurisdiction is "the Government's legal right to exercise authority over its persons, vessels, and territories." As it relates to the USCG, they get their Statutory Authority from 14 U.S.C. 2 and 14 U.S.C. 89(a).



14USC2:"The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States."



14USC89a:"The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States."





Also, don't confuse an inspection with a search. Most CG boardings on recreational vessels are for an inspection. The very first thing a boarding team does once onboard, is perform a quick and limited protective sweep of the vessel for boarding team safety. A search is:"An entry, or intrusion by an agent of the government, on a quest for evidence, into a place where a person has a reasonable expectation of privacy." You are always protected by your Fourth Amendment rights: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall be issued, but upon Probable Cause supported by oath and affirmation, and particularly describing the places to be searched, and the persons or things to be seized.?



Jurisdiction is a lot more complicated, but it's also very expansive. If you are a US citizen onboard a vessel, regardless of its nationality or location, odds are the USCG can find jurisdiction. USCG Boarding Officers arguably have more authority and jurisdiction than any other Federal Law Enforcement Officers (excluding US Marshalls maybe). I hope that makes things more clear or understandable. Unfortunately I can't tell you as much about the Florida Fish and Wildlife Conservation's law enforcement authority. I took this from their website "Sworn personnel are fully constituted police officers as provided under Florida Statute 372.07. This gives them the authority to enforce all laws of the state, not just those relating to resource enforcement. Our officers are also cross-deputized to enforce federal fisheries and wildlife laws." I believe this gives them some authority all the way out to the Exclusive Economic Zone (200nm.).


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## Pinksnappertrapper (Dec 7, 2007)

If something ever happens to me out there I would try to get ahold of someone else besides coast guard. Here are just 2 examples.

Buddy of mine went to the rigs, On the way back one engine alarm when off. Now they are limpin in. 4 hours later they are still limpin they call coastguard and they wouldnt do anything. Help him, call their wifes to let them know that they are still trying to get in, Nothing. Supposed to be home at 7pm come limpin in at 12. Wifes at daybreak worried to death.

I was in the pass stopped to drift fish and coast guard boat was 100yards away. tried to start boat and battery was dead, I whistled and waved him over they come over and i asked him for a jump box so i could go back to the boat ramp. He was right beside me i saw the jump box right there 4 guys 1 girl onboard and they told me they would have to call their sargent. they drift away and pull back up and said if you are here in 12 hours they can call someone to tow me in, they told me i wasnt in destress. All i could say was wow are you serious. they went right back to 100yards away from me and sat in the same spot. I could not believe it.


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## Outside9 (Apr 30, 2008)

If my family and I get in distress on the water I will be more than happy to call everyone I can think of, USCG, FWCC and the girl scouts if necessary.

ThoseUSCG boys and girls bust there buttseveryday day and do a fine job. If you call them before you got out they will tell you they no longer tow boats, pass out fuel etc., unless you are in distress (Near the jetties or other obstruction). Boat USor Sea Tow (Unlimited) is the best money you will ever spend.


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## rjl2001 (Apr 20, 2008)

Pinksnappercatcher: The USCG is limited as to what kind of assistance they can provide in a non-distress situation. This wasn't always the case, but a lot of commercial salvage/towing business's started to complain and file lawsuits against the CG. Their argument was that the CG was taking money away from their business by providing all this assistance that their company could give. So it's not really fair to just blame the Coastie's out there. The following link is to the pertinent CG manual.

http://www.d1nr-bcqp.us/documents/MSAP.pdf

Also, in my opinion any mariner would be stupid not to contact the CG if they were in distress, regardless of their opinion of them.


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