SAN JUAN, Puerto Rico — A Coast Guard Station San Juan boat crew and Sector San Juan Marine Investigators halted three illegal passenger-for-hire vessels, Saturday, in Fajardo.
Vessels Hecht, El Lindo and Making Waves were found conducting illegal passenger-for-hire operations, one of which was found operating in violation of previous federal Captain of the Port (COTP) Order. Over the past year, Coast Guard enforcement efforts have yielded voyage terminations for 18 illegal passenger-for-hire operations.
“The prevalence of illegal passenger-for-hire operations in our area is a concerning and serious matter,” said Lt. Michael Robinson, Sector San Juan marine investigator. “Passenger-for-hire operations is a regulated activity. If you use your recreational vessel for this purpose without adherence to the applicable federal regulations, you could be subject to substantial fines and possible jail time. Our purpose is to protect passengers from this illicit practice and ensure the safety of boaters within Puerto Rico and the U.S. Virgin Islands.”
Vessel Hecht violations:
• 46 U.S.C. 70036 – Violation of an active Captain of the Port Order.
• 46 CFR 176.100(a) – Failure to have a valid certificate of inspection.
• 46 CFR 180.71 – Failure to ensure type 1 Personal Flotation Devices (PFD) for all persons onboard while operating as a small passenger vessel.
• 46 CFR 67.7 – Failure to have a valid Certificate of Documentation endorsed for Coastwise Trade.
• 46 CFR 25.25-5 – Failure to have throwable ring life buoy (Type IV PFD).
Vessel El Lindo violations:
• 46 CFR 180.71 – Failure to ensure type 1 PFDs for all persons onboard while operating as a small passenger vessel.
• 46 CFR 176.100(a) – Failure to have a valid certificate of inspection.
• 46 CFR 67.7 – Failure to have a valid Certificate of Documentation endorsed for Coastwise Trade.
Vessel Making Waves violations:
• 46 CFR 180.71 – Failure to ensure type 1 PFDs for all persons onboard while operating as a small passenger vessel.
• 46 CFR 176.100(a) – Failure to have a valid certificate of inspection.
Information for violating a COTP Order is detailed in 46 U.S.C. 70036, as follows; “failure to comply with a Captain of the Port Order is punishable by a civil penalty of up to $117,608 for each day the vessel is in violation. Willful and knowing violation of a Captain of the Port Order is a class D felony, punishable by up to six years in prison (18 U.S.C. 3581) or fines up to $250,000 for an individual or $500,000 for an organization.”
Owners and operators of illegal charters can face maximum civil penalties of $69,000 or more for illegal passenger for hire vessel operations. Some potential civil penalties for illegally operating a passenger vessel include:
• Up to $5,996 for failure to provide a Coast Guard Certificate of Inspection for vessels carrying more than six passengers for hire.
• Up to $9,624 for failure of operators to be enrolled in a drug and alcohol program.
• Up to $20,468 for failure to produce a valid Certificate of Documentation for vessels over 5 gross tons.
The Coast Guard urges anyone paying for a trip on a vessel to verify their captain has a merchant mariner credential and is compliant with safety measures, such as having enough lifejackets for those going aboard. For larger charter boats or those carrying more than six passengers, ask to see a Coast Guard issued certificate of inspection in addition to the merchant mariner credential. If the operator cannot produce appropriate credentials, passengers should not get on the boat.
Report suspected illegal charter operations or other suspicious maritime activity anonymously using the Coast Guard Investigative Service (CGIS) Tips mobile app: CGIS Tips.
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