MIAMI — A Coast Guard Station Miami Beach law enforcement crew terminated an illegal charter voyage, Sunday, near Rickenbacker Causeway.
The owner of the 48-foot cabin cruiser, Seaduction, was determined to be in violation of an active federal Captain of the Port Order issued April 10. The voyage was terminated and cited for multiple violations.
Violations issued during the boarding consisted of:
· Violation of 33 C.F.R. 160.105 - Failure to comply with an active COTP Order.
· Violation of 46 C.F.R. 176.100(a) - Failure to have a valid Certificate of Inspection.
· Violation of 46 C.F.R. 67.7 - Failure to have a valid Certificate of Documentation.
· Violation of 46 C.F.R. 16.203(a)(1) - Failure to have a drug and alcohol program.
· Violation of 46 C.F.R. 15.401(a) - Failure to employ a credentialed mariner.
· Violation of 46 C.F.R. 15.515(c) - Failure to have a credentialed mariner in control while operating as a small passenger vessel.
· Violation of 46 C.F.R. 180.71 - Failure to have Type I personal flotation devices for all persons aboard while operating as a small passenger vessel.
· Violation of 46 U.S.C. 14702 - Falsifying information to a Federal Officer.
“Protecting public safety on our waterways is our highest priority,” said Chief Warrant Officer Adel Khan, a Coast Guard Sector Miami marine investigator. “This weekend, a vessel operator, already a repeat offender, chose to disregard both a Captain of the Port Order and our repeated, good-faith offers of education and outreach. Such willful noncompliance puts passengers, crew, and the entire maritime community at risk. We urge all mariners to recognize that adherence to federal laws and regulations is not only a legal obligation, but a fundamental responsibility to safeguard lives. The Coast Guard remains steadfast in enforcing these standards to ensure everyone can enjoy the water safely and responsibly."
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 vessel to verify the captain has a safety plan and 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, or if they conform to Uninspected Passenger Vessel regulations. If the operator cannot produce appropriate credentials, passengers should not get on the boat.
Anyone with information regarding illegal charter operations is encouraged to contact CGIS here or download the app.
For additional recreational boating safety information, please visit www.uscgboating.org.
For more information, follow U.S. Coast Guard Southeast on "X" (formerly Twitter), Facebook and Instagram.
For breaking news, find press releases and contact information for our regional public affairs offices here: U.S. Coast Guard News by Region.
-USCG-