MIAMI – Coast Guard Sector San Juan crews, working with local law enforcement units terminated two illegal charter voyages, Thursday, in Fajardo, Puerto Rico.
The owner of the 58-foot motor yacht, The Commissioner, reportedly violated an active federal Captain of the Port Order from Jan. 8, 2025. The owner of the 60-foot motor yacht, Ivy, was issued a Captain of the Port Order preventing commercial vessel operations until it is in compliance with all federal laws and regulations. Both vessel voyages were terminated and cited for safety violations.
Violations issued during the two boardings consisted of:
- 46 C.F.R. 16.201 ─ Failure to have a drug and alcohol program.
- 46 C.F.R. 67.7 ─ Failure to have a Certificate of Documentation endorsed for Coastwise trade.
- 33 U.S.C. 1321 (b) (3) ─ Discharge of oil or a hazardous substance into the navigable waters of the United States.
- 46 C.F.R. 176.100(a) ─ Failure to have a Certificate of Inspection while operating as a Small Passenger Vessel.
- 46 C.F.R. 15.401(a) ─ Failure to employ a credentialed mariner.
- 33 C.F.R. 160.105 – Violation of Captain of the Port Order.
"Before setting sail, ensure your safety by verifying the captain holds valid Merchant Mariner Credentials or, for larger charter boats carrying more than six passengers, ask to see a Coast Guard-issued Certificate of Inspection,” said Lt. Cmdr. Vincent Deegan, Coast Guard Sector San Juan enforcement division chief. “Compliance with safety standards protects not only passengers and crew but also the entire maritime community. Safe waters make for enjoyable journeys!"
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.
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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