Editor's Note: Correction has been made to the days of the illegal passenger vessel operations which were carried out Friday in San Juan Harbor and Saturday in Fajardo, Puerto Rico.
SAN JUAN, Puerto Rico ─ Coast Guard Sector San Juan, Customs and Border Protection and Puerto Rico Police units and personnel terminated the voyage of 10 vessels with marine safety deficiencies in San Juan Harbor, Friday, and in Fajardo, Saturday, eight of which were conducting illegal passenger-for-hire operations.
“Over the past year, Coast Guard enforcement efforts resulted in voyage terminations for 30 illegal passenger-for-hire operations,” said Cmdr. Matthew Romano, Sector San Juan chief of response. “We value the joint collaboration between Coast Guard Station San Juan, Sector San Juan Marine Investigators, Coast Guard Miami Marine Investigators, Coast Guard Investigative Service, U.S. Customs and Border Protection Air and Marine Operations and Puerto Rico Police Joint Forces of Rapid Action in this effort to ensure vessels are operating legally in a commercial capacity and in compliance with federal marine safety regulations.”
Vessels El Lindo, Hibiki, The Ivy, Mama Juana, Ohana 2, Master Blaster, Avante and Serenity were found conducting illegal passenger-for-hire operations, two of which were found operating in violation of previous federal Captain of the Port (COTP) Orders. Vessels Tobias and Four Points were only cited for their respective marine safety deficiencies.
Vessel El Lindo violations in Fajardo:
• 33 CFR 160.105 – Violation of Captain of the Port Order.
• 46 CFR 176.100a – Failure to have Certificate of Inspection.
• 46 CFR 67.7 – Failure to have a Certificate of Documentation endorsed for Coastwise trade.
Vessel Serenity violations in Fajardo:
• 46 CFR 16.201 – Failure to have a drug and alcohol program
Vessel Hibiki violations in Fajardo:
• 33 CFR 160.105 – Violation of a Captain of the Port Order.
• 46 CFR 16.201 – Failure to have a drug and alcohol program.
Vessel The Ivy violations in Fajardo:
• 46 CFR 176.100a – Failure to have Certificate of Inspection.
• 46 CFR 16.201 – Failure to have a drug and alcohol program.
• 46 CFR 67.7 – Failure to have a Certificate of Documentation endorsed for Coastwise trade.
Vessel Mama Juana violations in Fajardo:
• 46 CFR 67.7 – Failure to have a Certificate of Documentation endorsed for Coastwise trade.
• 46 CFR 16.201 – Failure to have a drug and alcohol program.
• 46 CFR 180.71 – Failure to have Type 1 personal flotation devices for all persons aboard while operating as a small passenger vessel.
• 46 CFR 176.100a – Failure to have Certificate of Inspection.
• 33 CFR 151.59 – Failure to have garbage placard.
Vessel Avante violations in Fajardo:
• 46 CFR 16.201 – Failure to have a drug and alcohol program.
Vessel Four Points violations in Fajardo:
• 46 CFR 16.230 – Failure to comply with applicable drug and alcohol program regulations.
Vessel Tobias violations in Fajardo:
• 46 CFR 16.230 ─ Failure to comply with applicable drug and alcohol program.
Vessel Master Blaster violations in San Juan:
• 46 CFR 16.201 – Failure to have a drug and alcohol program.
• 46 CFR 26.20-1 – Failure to have Merchant Mariner Credential (MMC) onboard.
Vessel Ohana 2 violations in San Juan:
• 46 CFR 16.201 – Failure to have a drug and alcohol program.
• 33 CFR 159.7c – Failure to have sewage discharge device secured in a manner which prevents discharge of sewage.
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 credentials. 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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