Coast Guard Sector Miami law enforcement officers recently terminated three illegal charter voyages, near Julia Tuttle Causeway in South Florida.
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.”…