MIAMI – Coast Guard Sector Miami law enforcement officers terminated three illegal charter voyages, Friday, near Julia Tuttle Causeway.
The owner of two recreational vessels, a 37-foot pontoon and a 20-foot vessel, were reportedly violating active federal Captain of the Port orders. The owner of the Mothership, a 55-foot pontoon, was issued a Captain of the Port order preventing commercial vessel operations. All three vessel voyages were terminated and cited for safety violations.
Violations issued during the three boardings consisted of:
· Violation of 33 C.F.R. 160.105 – Violation of active COTP Order.
· Violation of 46 C.F.R. 16.201- Failure to have a drug and alcohol program.
· Violation of 46 C.F.R. 25.25-5 - Failure to ensure type 1 PFDs for all persons aboard while operating as an uninspected passenger vessel.
· Violation of 46 C.F.R. 25.30-20 (a)(1) – Failure to have the appropriate number of fire extinguishers onboard.
· Violation of 46 C.F.R. 25.25-5 (b)(3) – Failure to have an approved lifebuoy onboard the vessel.
· Violation of 46 C.F.R. 15.401(a) - Failure to employ an appropriately credentialed mariner.
· Violation of 46 C.F.R. 15.605 - Failure to have a credentialed mariner in control while operating as an uninspected passenger vessel.
· Violation of 33 C.F.R. 151.59 – Failure to have a garbage placard.
· Violation of 33 C.F.R. 173.27 – Failure to appropriately display state registration numbers on the hull.
· Violation of 33 C.F.R. 173.23 – Failure to have the vessel registration onboard.
· Violation of 33 C.F.R. 155.450 – Failure to have an oil placard onboard.
· Violation of 33 C.F.R. 151.49 – Failure to have a garbage placard onboard.
“We want everyone to have a safe and enjoyable time on the water, but that experience must never come at the expense of safety,” said Chief Warrant Officer Joshua Yanez, a Coast Guard investigating officer at Sector Miami. “Charter vessel operators have a responsibility to follow all regulatory standards, and ignoring safety violations puts lives at risk. Compliance isn’t optional – it’s essential to protecting passengers, crews, and our maritime community.”
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 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 passenger vessel to verify their captain has a Merchant Mariner Credential. For larger charter boats or those with more than six passengers, ask to see a Coast Guard-issued Certificate of Inspection. If the operator cannot produce appropriate credentials, passengers should not get on the boat.
For additional recreational boating safety information, please visit www.uscgboating.org.
For more information on passenger vessels and bareboat charters follow Sector Miami’s Uninspected passenger vessels & bareboat charter community on Facebook.
Anyone with information regarding an illegal charter is encouraged to contact CGIS here or download the CGIS Tips app.
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