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| Author | Topic: Time to brush up for your boarding. |
| Dave Sutton |
All about how the Armed Maritime Law Enforcement Arm of the Department of Homeland Security, formerly known as the Coast Guard, quizzes their troops on how and when they can shoot you. http://www.flashcardmachine.com/coast-guardbtmnew2013.html
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| jimh |
Dave--Thanks for pointing to that resource. I have not seen that mentioned in any of the episodes about the Coast Guard that are airing on The Weather Channel. |
| Binkster |
The Coast Guard's duty hasn't changed since the creation of Homeland Security. If your vessel is sinking or on fire, or someone on your vessel is in need of medical care they will assist you. Coast Guard Air regularly plucks sick passengers off cruise ships in the Caribbean. However, as you say they may have become more overbearing in their law enforcement duties, since they were placed under Homeland Security than when they were when they were under the Treasury Department. Also, their budget is alot bigger now and they are alot better equipped to do so. When I was in the Coast Guard back in the sixties their primary duty was assisting vessels in distress. A loophole in federal law that says that the federal goverment can't compete with private business created private towing companies (Sea Tow) and that relieved the Coast Guard of most of those duties in the early seventies. In the same time frame the Columbians started smuggling drugs through the Caribbean into the US through Florida and the gulf coast, and the Coast Guard's law enforcement duties were escalated. At first they were overwhelmed but they graduality caught up, until at present its not a profitable way to ship drugs into the US by sea. Back in the late seventies/early eighties they practically took over the little commercial fishing village of Everglade City. A good part of the population including the mayor went to prison and they ransacked people's homes looking for walled up drugs.I believe it was about this time the Coast Guard took on a more aggressive nature and even their uniforms changed into a more police style from the old Navy lookalike uniforms. In the eighties the goverment's "War on Drugs" program headed by then VP George Bush with boats built by George's then buddy Don Aronow increased the goverments agressive nature on the water. That program became a bust and it had nothing to do with the Coast Guard. What I'm trying to point out is that the Coast Guard's duty changed long before the intervention into our lives of Homeland Security. rich |
| Dave Sutton |
<yawn>... What's different now is that the AVERAGE "safety inspection" brings aboard a team of policemen wearing handcuffs, batons, guns, and all of the impedimentia that police carry. And more importantly, they bring the attitude of a cop with them. Remember this script? Scene: I'm standing on the dock taking lines, and have not been on a boat all day. "DHS Cops with Guns" show up in the parking lot, walk down, walk up to me, and it begins:
"Uhh... I'm just a guy standing on the dock"... "Show us your ID" "Uhh.... No. Not because I don't want to, I just don't have it with me. I walked here, and I don't carry my wallet when I'm on the water in a bathing suit". "You don't have ID? Stand over there where we can see your hands while we run your name in the computer and we'll let you know when you can go".
"If you don't show us ID we are going to place you into custody".
Guess who made me suspicious of the DHS "formerly a proud service" for life? Yup: If you're the Coastie who did that and you're reading this, it was you. My family served 4 generations in the USCG and it's preceeding organizations. My father was a 39 year Mustang Captain. Grandpop ran Higgins Boats in WW-II. Great Grandpop lost his life in a breeches buoy rescue. His father was on a church funxded lifesaving boat off the NJ coast in the late 1800's. I grew up in Cape May. And I despise what the Coast Guard has become. My ancestors would be ashamed of it. Mr Gun Carrying Boarding Officer... you should be ashamed of yourself.
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| Jefecinco |
The USCG, as Rich pointed out isn't what it used to be. Still, I remain very glad they are out there continuing to save lives at great personal risk to themselves. We recently had a USCG rescue swimmer and an experienced pilot die in a helicopter crash in Mobile Bay during a training exercise. Rescuing people is dangerous work and injuries are common although deaths are, thankfully, unusual. I believe it is unwise to place very young unseasoned men and women in the position of law enforcement officers. I would suggest a division of responsibilities within the USCG. Law enforcement in one sub-department and all other functions in the other. In order to serve in law enforcement a member should have served four years in the other sub-department in a very successful manner. Just a thought. Butch |
| Binkster |
I see no reason to doubt your line handling dock story, but its hard to believe that the Coast Guard has become America's gestapo. The only reason I carry my wallet with my driver's licence when I'm boating/fishing is that if I ever fall overboard and drown and then found I would like to be identified by my name instead of John Doe, or if I'm fishing to prove I'm over 65 and don't need a fishing licence. I'm going to ask around or call the coasties in Tampa and check to see that I need ID when on the water or on a dock. You might have just run into some axxholes, in uniform. No, I don't like the water cop attitude of the modern coasties, and I would join the Navy if I was young and wanted into the military. rich |
| wezie |
The Whole DHS thing is almost a parallel with the Nazi Storm Troopers. They look the same, and seem to be acting the same. Gestapo and KGB! All that Garb they are wearing just separates them from the Human Beings, and that is not good. Good Luck to the Human Beings! |
| Binkster |
Dave, just a thought. Instead of <yawning> so much why don't YOU just stop over your nearest Coast Guard station, (bring some ID, just in case) introduce yourself, tell them your dockside story, and see what their reaction is, and see if ID is required by dockline handlers, boat passengers, and boat owners/operators, and casual beach swimmers. Tell us what they say, you might save us all the same experience you had, or you might be relieved to know you were within your rights. rich |
| jimh |
I am not certain that Rich's advice can be easily followed. Most Coast Guard stations I have seen are fenced in and have a secure perimeter. You can't exactly walk up to them and let yourself in. |
| Buckda |
Yes, but if you walked up, rang the bell and asked to speak with a duty officer, I bet one would come out to speak with you, or to escort you into the facility for a conversation inside. |
| Binkster |
Youths 16 and under in Florida need an operators license to drive a powerboat, so it stands to reason that they would need ID and that licence when operating a powerboat. Also the CG and the water cops can stop you when operating a powerboat if they think you are drunk or stoned. They will give you the same breath test as they would on land (with the exception of the test where they make you walk a straight line toe to heel). If you can't pass, the penalty is the same as if you were driving your car, and it goes on your car operators licence. You will lose that licence for 6 months. But if you don't have your licence with you when you are stopped for drunk driving in your boat, what happens then? If you lose your licence can you still drive your boat? But you don't need that licence to drive a boat. If you are on a dock handling lines and are drunk, can you be arrested for public drunkenness? If you have no ID and are also drunk while handling lines can you also be arrested as a vagrant? thing whole thing is a mess, I hope Dave straightens it out for us. rich |
| Dave Sutton |
"why don't YOU just stop over your nearest Coast Guard station"
No, I think I'll rely on the fact that the Supreme Court has already ruled that unless you are running a commercial boat, driving a car or flying an airplane (all of which require a license) none of us need to identify ourselves to any member of any law enforcement agency unless we are being investigated for a crime, and in those cases you must be so informed of the specific crime for which you are being investigated. You do not need to carry ID when recreational boating, and if the Coast Guard tries to detain you for not showing it in the absence of any suspicion of a crime, you have a great civil rights lawsuit case to file against them. Basic rights 101: Your interaction with any LEO (law enforcement officer) boils down to one of two cases: Are you free to go? or Are you being detained? If the latter, it is the obligation of the LEO to inform you of the crime for which you are being held. When you come into contact with a LEO, you are within your absolute rights to simply answer ANY question posed to you by a LEO with the following: "Am I being detained or am I feee to go?" If they state that you are free to go, leave. Note that they will generally not tell you that you are free to go unless you specifically ask. Unless you assert your rights, they will ask you questions all day. This is called a concensual contact, IE it is "voluntary" on your part. So make sure when you talk to a copn you know that you can leave anytime you like unless you are being detained. If, after you ask, they say you are being detained, your reply is "for suspicion of what crime?"
You do not need to answer any other questions. They can ask anything they like, but unless you are being detained formally you do not need to identify yourself to anyone. Note that the DHS/Coast guard can ask for the papers for the BOAT, and you need to show them. You do NOT need to show papers for yourself. They can inspect the VESSEL. They can enter man sized spaces to see if other people are present. They can enter machinery spaces to inspect for leaks, oil in the bilge, etc. They cannot inspect areas where personal privacy is expected, unless they have developed legal propable cause to carry out a search. They have no rights to demand to inspect YOU and unless you are being detained under suspicion of a particular crime you do not need to identify yourself. In my case I was happy to tell them my name. I was not happy to be told that I needed to produce ID under threat of arrest. In any event, between knowing the law, and having a good civil rights attorney on retainer, I'm not interested in walking into a place where I'm not welcome to socialize.
https://www.youtube.com/watch?v=6_3dDNPwJTU and http://www.flexyourrights.org/faqs/when-can-police-ask-for-id/
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| Binkster |
here you go, Dave https://www.youtube.com/watch?v=6_3dDNPwJTU http://www.flexyourrights.org/faqs/when-can-police-ask-for-id/
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| Dave Sutton |
Thanks Rich. Dave . |
| RevengeFamily |
Good stuff Dave! Thanks for the wake up call... Norm |
| Dave Sutton |
The flash cards were just to point out that we have young kids with boats and guns, who didn't grow up on the water, and have not been thru police academy, trying to be both watermen and cops. Yes I know they go thru DHS schools, but the training for the law enforcement aspect of their job is superficial compared to what a State Trooper goes thru. Combine that with extraordinary search powers that other agencies would be immediately sued for (search without warrant) and you have a perfect storm of potential for abuse. It's frightening.
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| K Albus |
Before anybody gets too excited about refusing to produce I.D. or answer questions for the Coast Guard during a boarding, keep in mind that when you are boating in an area that can be considered an international border, different rules apply. Such areas generally include all coastal waters, including the Great Lakes. The videos linked by Mr. Sutton were taken at DHS "checkpoints" which were wholly within the United States and did not involve any real or potential border crossing. Anytime you're boating in international border waters, the Coast Guard or any other law enforcement agency has the authority to demand identification and to inspect your vessel. Such vessel inspections are not limited to safety equipment or body-sized compartments. They can go through your boat with a fine-toothed comb. Standing on a dock inside the United States is a different story.
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| Whaler27 |
Pretty sad how our society as turned against each other. The govt wants to extend its power and control over us at all levels. They want us to have no cash on hand, they want to track your movements and data usage and Internet searches, you cannot travel on roads , highways or waterways without being subject to stops and searches. But the border is wide open if you want to make the journey into the country my family and friends fought to protect. In our town they fired 25 police officers and hired 12 code enforcement officers, now the whole city lives under an HOA like rule of guard. I was told I'm not doing my landscape reconstruction within "their timeframes" so they fined me. Since when does a municipality get to determine the speed of my gardening and hardscape. They also encourage citizens to "report on their neighbors!". It's not just the coast guard we have to now worry about. My neighbor fled communism in his homeland 50 years ago and he says he senses the same changes happening here that happened back at home... History repeates itself before you can recognize it. |
| jimh |
Many thanks to Kevin for pointing out the location of the DHS vehicle stops in the recordings (linked above). It was not initially clear that these interviews were being conducted in the middle of the USA, not at a border crossing. Kevin has raised a question regarding identification and water borders. I need some clarification. Perhaps a few questions can clarify: If I am operating my recreational boat, and I am stopped by any law enforcement agency, can I be compelled to produce identification? Does this change if I am on a body of water which borders another country, as, for example, Lake Huron? If I am stopped by the U.S. Coast Guard, does the situation change? That is, does the USCG possess a greater power to compel identification of the passengers of a recreational boat? A corollary: does the presence of the USCG indicate that the body of water must be an international body? Hmm--what about the USCG on the upper Mississippi River in Minnesota? The border via the river is a long way away. |
| jimp |
JimH - Your last question - navigable waters of the United States. The USCG "powers" are extensive. But nothing says they have to be the bad guys in every situation. When boarding "mom & pop" recreational boats, as a Commanding Officer I could order the boardgin team to wear their Topsiders, be polite, compliment the owner on the condition of his boat, and to do their job. Yes, they were still required to carry side arms as it was USCG standing orders. 14 USC 89 |
| Binkster |
Basically the Coast Guard has free reign to do whatever they think they need to do, if the have some suspicion about your vessel. Back in the eightys during the heyday of Colombian drug smuggling through the Caribbean into Florida, my good friend's son, was a recent graduate of the Coast Guard Academy and a Junior Officer stationed on a large CG cutter that was operating in the Caribbean. They got info about a large fiberglass sailboat that was in the vicinity of the Colombian coast headed north towards Florida. They kept their eye on it throughout its voyage and when it neared the coast of Miami, they had a small boat follow it into a marina around Miami. They were sure this boat was carrying drugs, so a search party searched the boat in the marina in vain. but the CG didn't give up. They then measured the beam of the vessel, and then measured the inside width of the interior hull. They figured that there was an inordinate amount of space between the hull liner and the outside hull and it must be full of cocaine, so out came the sawzalls and they cut holes in the liner. They found nothing. The owner/captain and his boat was free to go. He never mentioned anything about the US goverment paying any repair bills. rich |
| Dave Sutton |
"address inquiries to those on board" But not to those standing on a dock taking lines, who have not embarked on any vessel. And certainly not to threaten arrest of an individual finding himself being so addressed, for not having ID. Dave . |
| David Pendleton |
I don't think we solved anything the last time this came up here. |
| jimh |
JimP--You added a very interesting twist: only commissioned officers, warrant officers, or petty officers can go aboard. Does that mean that the new recruit can't come aboard? |
| Binkster |
jimh states Does that mean that the new recruit can't come aboard? A recruit is in boot camp and not on an active duty station yet. After graduation from boot camp he/she becomes Seaman Apprentice. The next step up is an easy one, becoming a Seaman. From there he/she can become a 3rd class Petty Officer in the field he/she has chosen, probably needs at least a year or more of active duty and a written test. rich |
| jimp |
jimh - Binster is correct. The new Seaman may come aboard but has no enforcement authority. Also, up here in Alaska, due to the large size, the U.S. Air Force has SAR responsibilities for the Interior of the state and the U.S. Coast Guard has reponsibilty for coastal and ALL of Southeast Alaska (over 300 islands and the size of Florida). Though they sometimes overlap due to proximity to the case and expertise of the crews. USAF has inflight refueling capabilities for some of their helos, the USCG does not. JimP |
| Marsh |
Reminds me of what a deputy sheriff said one day: "Son, I got the gun, and I got the Motorola...I can do anything I want to do." |
| OMCrobert |
An important related question to this topic. Have any of you ever yourself served in the U.S. Military or worked as a law enforcement agent? It is easy to criticize when you have not walked a mile in their shoes. Not saying that I agree with the increase in police state that we see in this country but it will add to the perspective to see has been on the other side of the conversation. |
| gnr |
I've never been a meteorologist but I can tell when someone is pissing on me and telling me it's raining. |
| OMCrobert |
You don't have to worry about rain when you live in a bubble and judge others from a perch. I even stated that don't agree with the increasing police state but there is two sides to every story and respect is a two way street. |
| jimh |
gnr writes:
quote: That is a remarkably apt analogy in this case. |
| jimh |
I found the candid recordings made of interviews between Homeland Security Agents and motorists--I do love that term, ever since it was used universally by all media to describe Rodney King--to be very revealing. Let me explain one observation I made: I noted that the Homeland Security Agent or law enforcement agent (LEA) would often say something like: "I would like you to shut off your car and open the trunk" --or-- "I would like you to pull over to the secondary inspection lane." The way the agent phrases their request seems to me to be framed in a very crafty manner. The naive interpretation of the way the request is made is perhaps for the motorist to consider that the LEA is just being polite, and is just asking for the motorist to comply with his lawful request in a polite and non-confrontational manner. But on closer scrutiny, it feels more like the LEA is asking the motorist to comply with his request without having any real authority to make the request, but the LEA intentionally cloaks the request in a sentence construction that leads to confusing interpretation. For the average person, if a LEA says "I would like you to shut off your car and open the trunk," this is interpreted as a lawful command to comply with the law. However, we see in the candid recordings of the interviews that in every case, when the LEA is pressed to explain the legal basis of his request, it is eventually revealed there is there is no basis in law, and compliance is really voluntary. I do not like the LEA using the general respect that citizens have for USA law enforcement to cloak an illegal request for compliance in such a way that the average citizen volunteers to comply when he does not have to comply with the request by law. This seems like an abuse of law enforcement. When I see that happening, it causes me to lose respect for the law enforcement agents and the law enforcement community. Generally I hold law enforcement in high regard and consider law enforcement agents that I know to be people of the highest ethical and moral standards. It disheartens me to see Homeland Security Agents trying to bully people into voluntarily surrendering basic rights of freedom. |
| Binkster |
The start of drug trafficking in boats on the US coasts mainly Florida in the 1970's has turned the Coast Guard from a friendly service eager to help and serve boaters and commercial fishermen, into what they are today. Back in the mid sixties I did a 2 week CG Reserve stint at The Coast Guard Life Boat station at Shinnacock Inlet Long Island. We got a call from a commercial dragger that ran out of fuel with his nets down in the middle of a drag. We took out 20 gallons of diesel in 5 gallon cans in the Stations 27' lapstrake wooden skiff. When we found them by compass about an hour out, seems like everyone was on a first name basis. They thanks and the next day the captain stopped by the Station with a basketful of fish. I don't think this would happen today like that, of course if you were sinking, on fire or had a very sick crew member the would be there a lot faster than the old 26 footer would have made it back then. There were no electronics save for an AM ship to shore radio, and a RDF. The coast Guard was running junk back then, most of their small vessels were Navy cast offs. They just took delivery of new 82' Patrol boats when I was in, and They were state of art for the day. A lot of those 82' cutters were sent to Vietnam in '67 when the CG was running Operation Market Time. They were to stop the smuggling of arms by boats(junks) from the North after our Air force and ground troops put an end to the Ho Chi Minh trail. rich |
| jimp |
"Language" for enforcement officers and 14 USC 89 When performing boardings to check for compliance with federal regs we were always taught to never "request", but to "direct" the vessel/people to do something. The USC backed this up. Never, "Request you heave-to and stand-by for a boarding team to check for compliance of federal regulations..." But, "Heave-to and stand-by for a boarding team..." Never, "Request permission to come aboard." Just do it. In both cases, what if the owner said, "No."? The phrase, "I would like you to..." is very crafty as JimH has pointed out. Is pleasing the LE officer required or just making him happy? |
| wezie |
How do you respond to jack booted thugs with guns? Very respectfully! |
| Dave Sutton |
"How do you respond to jack booted thugs with guns?" In federal court with the best civuil rights attorney I can afford. I've put away $10K in a fund for just the right rainy day, assuming it's raining the next time the DHS threatens me with arrest for standing on a dock taking lines. Jimp, you might know now if you did not before that it only takes one instance of arrogant and ignorant abuse of an honest man to earn a lifetime of disrespect and contempt for the entire organization, and counsel your peers accordingly. I, for one, will never forget what happened to me, and will never look at the USCG again the way I did for the 5 decades previous. My grandfather lost his life in a breeches buoy rescue. I'm apparently a criminal for standing on the dock. What a contemptable disgrace.
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| jimp |
Dave - you got that right. No place for arrogance, but plenty of room for mutual respect and professionalism as LE agencies and as boaters. I don't understand the "thug" mentality but it seems to be running wild in enforcement now-a-days. Police boats mounting 4-6 .30 cal machine guns? |
| TransAm |
quote: If your attorney is worth half his or her weight, better add another "0" to your fund; if you want a verdict and not just $$$$, double that figure....to start. |
| Dave Sutton |
^^ I've got $10K into a retainer "in advance of need" for that and other work,, and well more than six figures to spend. I'm not kidding when I say it's time for this to end. I'm willing to put mymoney where my mouth is.
"Police boats mounting 4-6 .30 cal machine guns?" Not nearly as bad as "Routine Safety Inspections" of a small recreational boat being done by three boot-clad, gunbelt-wearing Coasties, marking my teak decks with their boot soles (it's a barefoot-required boat), and scratching my varnished cabinetry while squeezing past it with their police/combat equipment hanging out of each side of their gunbelt. I'll take the machineguns on the police boats if given a chopice. At least I can refuse them boarding me without a warrent. The 4th Amendment of the Constitution actually applies to them. "Mutual Respect" went out long ago. Now it's contempt of the Constitution on one hand and contempt of authority on the other. Respect is earned, not demanded. Ditto contempt.
Dave . |
| jimh |
The excess of the USCG conducting boardings of recreational boats has caught the attention of Congress. See my earlier articles at |
| Jefecinco |
Dave, I sincerely hope you are successful in your effort. I doubt the outcome will be satisfactory but I hope it is. I don't mind being boarded and searched. But, I do mind it if the boarding party is over sized and discourteous or disrespectful of my property by scuffing it up with combat boots or load bearing equipment (gun belts). More and better training is needed. To the average LEA a boat is simply a piece of equipment or device used to get work done. To us our boats are beautiful possessions of great value which we somewhat mindlessly maintain to a very high level. I find it very difficult to believe that these young men and women are intentionally disrespectful of our property. I don't know if it would have any effect if a boarding party was greeted by a "welcome aboard gentlemen, I have a couple of requests if you don't mind. Please try not to mark up my decks with your boots nor mar my cabinetry with your equipment, thank you". If nothing else it could generate a smile or two, or not. Who knows? As to the problem with "I would like you to ..." perhaps a response like "I would like to comply with your request but I would like you to first explain to me the reason why you ask". Butch |
| Dave Sutton |
I'm not interested in conversation, or being educated. I simply want to leave. The only answer I give to questions of that nature are: "I wish to leave. Unless you are formally detaining me, and giving me an order, I respectfully decline. Am I being detained, or am I free to go?".
Here's another set of nice video examples of how knowing your rights works:
http://www.youtube.com/watch?v=ILqc0DMh84k and a good read:
We have those rights that we assert. No law enforcement officer is going to educate you on your rights. That's what civics classses are supposed to teach. Sadly... civic isn't something that most schools take very seriously when educating our young people. Educate yourself.
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| Jefecinco |
Dave, We live in the present. Reality is what it is no matter how much we wish other wise. If your response works for you that's good. I try to use the art of accomplishing what is possible. I don't want to be detained while a LEA checks in with his/her leader to ask what to next and how to handle this problem case. LEA respond to confrontation with a very bad attitude. It makes them wonder why you have a "bad" attitude. Are you guilty of something or do you have something to hide, why are you treating me like this, I'm just doing my job the way I've been told to do it. Remember, they are doing things as they have been trained to do them. They may not have had any civics or have paid attention of they did. They simply don't care what you believe your rights to be. They are determined to complete their mission regardless of how you may feel about it. What would you do in their shoes? Butch |
| Dave Sutton |
"LEA respond to confrontation with a very bad attitude"
Any LEO who's offended by the rights articulated in the bill of rights is in the wrong profession. Video cameras are good tools though. IPhone, Gopro, etc... don't leave home without one. And if things go egg-shaped, don't forget to demand access to their own dash camera tapes. Enjoy the following from a little town in NJ: http://www.nydailynews.com/news/crime/police-dash-cam-video-exonerates-nj-man-implicates-cops-article-1.1701763 Dave . |
| Binkster |
Here you go, again |
| Binkster |
After you type in the link just add [url]before the link and [/url] after it and it becomes live. rich |
| joeyuniz |
The coast guard has three primary missions. Maritime safety, security and stewardship. Two of my sons are in the coast guard and joined because on all our fishing adventures when we were coming back in right when things were going bad they would be going out. I agree that some of those BTO's and BTM's have egos but the majority that I have encountered do take pride in there mission. The coast guard is in place to provide specialized services that they train for endlessly. They are professionals and my sons love serving. They are both engineers. I'm proud of the coast guard and if you only knew how many lives they saved each and every day and how many migrants lives they save and how many pounds of illegal drugs they capture you might think differently. As boarding team members they are taught to approach every case the same because coasties have lost they're lives on random vessel inspects. I would rather my sons scuff up a boat then loose there lives. |
| Dave Sutton |
"As boarding team members they are taught to approach every case the same because coasties have lost they're lives on random vessel inspects"
(as opposed to the middle of the night hanfway betweeen Florida and the Bahamas?)
Every boarding case is *not* the same. In fact, I am umable to find any reference from any open source on any use of force by any recreational boater being boarded for so-called "safety inspections".
The USCG boarding team didn't even know what the sticker meant when it was pointed out to them. Shame on their ignorance: Any boat displaying that sticker ought to be ignored. Dave . |
| jimh |
The Coast Guard has 11 statutory missions, and recently these were described in material prepared for a congressional hearing:
quote: Source: http://transportation.house.gov/uploadedfiles/ 2013-12-11-coast_guard_ssm.pdf |
| jimh |
I believe that stopping recreational vessels at random and boarding them to conduct safety inspections is part of the USCG missions described as "Marine Saftey." A report from the Office of Inspector General of the Department of Homeland Security gives some details about this mission and the number of hours dedicated to fulfilling it.
quote: Source: http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-122_Sep13.pdf That last sentence has interesting wording: "...conducts compulsory inspections as well as voluntary safety exams." To measure the performance of the USCG in meeting its statutory missions for marine safety, the number of reported incidents of recreational boats involving deaths and injuries is tracked. The data shows: Deaths or Injuries in Reported Incidents Involving Recreational Boats FY2007 = 4,249 Source: Op. Cit. Those figures are trending downward. The data is just a raw number, and does not reflect the general overall amount of recreational boating activity. I think if you looked at the number of hours of total recreational boating for that same period the data would trend downward, too. There just are not as many people operating recreational boats as there used to be, in my opinion, based on the occupancy of marina slips that I see as I move around the Great Lakes. |
| Dave Sutton |
I'd be interested to know how many "voluntary safety inspections" the USCG does (as opposed to the USCG Aux). My bet is none. Data point: When I asked for a boarding & inspection, to get it out of the way "for a while", I was refused. "We don't do that, call the auxiliary".
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| Binkster |
Well I like boating and fishing and golf as a recreational activity. But when I'm on the water I have to deal with the Coast Guard, The Sheriff Dept, and the Fl. Fish and Game boat, all looking to harass me if they can. On the golf course I have to deal with overzealous course rangers, slow play, and idiots hitting into you. Thats what I love about bowling. No one harasses you. Occasionally there might be some idiot bowling next to me, but then I just ask at the desk to move me to another lane. Problem solved. I'm heading down to the lanes now, gotta practice for tomorrow's league. rich |
| jimh |
Dave--Your experience with the USCG in trying to volunteer your vessel at a time convenient for you to have a safety inspection matches my experience. And your motive--to have a receipt or proof of a recent USCG boarding to use as a way to avoid having to be selected for a random boarding at some later time when it may not be as convenient--matches mine. Several years ago I asked some USCG crew attached to a small boat to please conduct a safety inspection of my boat at the dock. We were both attending a sponsored hospitality event, and the Coasties were there, I presume, to "show the flag." I asked them if they would inspect my vessel at the dock and give me a boarding report. Theyinitially refused. I persisted. They warned me that if they did a safety check and found anything non-compliant they would issue me some sort of citation. I was confident my vessel was compliant, so I persisted. Eventually, they agreed. They boarded and inspected my boat at the dock. My vessel was compliant. They gave me a boarding report copy. This later came in handy when I was stopped a few weeks afterwards, many miles offshore on a mid-week day, and asked if my vessel had been recently boarded and inspected. I showed my boarding report and avoided being stopped for an inspection at that time. I thought it was odd that the basis for the voluntary inspection was to be subject to the peril of being cited for infractions. This leads me to ask: Does the commissioned office, warrant officer, or petty officer in charge of the boarding of a recreational boat for a safety inspection have any discretion in how he handles any finding of non-compliance? For example, if a boarding results in a finding of flares that are one-week past expiration, does the officer have the discretion to respond to that out-of-compliance situation by giving a verbal warning? Or, are they bound by regulations or operating procedure to make a formal citation of the infraction? |
| jimp |
jimh - The discretion is there... that's really all you can say about that. Just like a police patrol car pulling you over. It's not talked about, and it doesn't always happen. But Coasties and police officers are people. If you're nice, they're usually nice. If you're a jerk, guess what? If they let you go, are they doing their job? Can't answer that. Years ago while patroling a 24-hour halibut "opener" south of the Alaska Peninsula (the openers used to be 24- or 48-hour openings before going to IFQs) we came upon a fishing boat that was short 1 survival suit. My standing orders were to "terminate" the boat - take him back to port; port was 60 miles away - 6 hours steaming each way, 12 hours out of a 24 hour opener when this guy had to make his money. Nothing special about the guy, but my orders were to also spend my time on the "grounds" and not get stuck escorting some guy for 6-hours and then come 6-hours back. I had more than my required survival suits on board so I told my boarding officer to give the F/V a choice: 1) get terminated, get escorted to port, and miss most of your fishing window; or 2) take a "loaner" survival suit from me, continue fishing, buy a new survival suit upon return to port, mail mine back immediately with a copy of the receipt from the new one. He chose "2" and we received our survival suit back with the receipt and a thank you note. Doesn't always happen that way. jimp |
| JMARTIN |
I have been stopped for an inspection and then stopped again 2 weeks later for an inspection. We overheard someone on the USCG boat say "It looks like they got a lot of stuff on board, do another inspection." when they found out I had done one recently. They did board and do another quick inspection. We can see Canada from where we were boating. I figure the USCG is just doing thier job of border security using inspections as a tool. John |
| Dave Sutton |
jimp, With your background, I'd appreciate your comments on what USCG policy is regarding the way I was treated for not being able to display ID when requested, bearing in mind that there is no federal law requiring citizens to carry ID or to identify themselves unless being detained under suspicion of a particular and specific crime. Offer advice for: (A) a non-boater standing on the dock, as I was. (B) a boater operating a vessel without his wallet aboard. Let's assume that it is a state where no boater safety course card is required to be in the posession of the boater. C) a passenger aboard a vessel, who has left his wallet ashore. Thanks,
. |
| jimp |
Dave - No idea on current policy as I've been retired for 14 years. But common sense should prevail. Advice? Not really, my opinion maybe. Starting with your comment: "no federal law requiring citizens to carry ID or to identify themselves unless being detained under suspicion of a particular and specific crime." I haven't researched that statement. Your questions: (A) a non-boater standing on the dock, as you were. A small boat harbor - If not required, shouldn't need it. What if you were a jogger and jogged to the boat harbor because you like boats, do you carry a wallet while jogging or ID? I never did. But if you jog to a MARSEC (Maritime Security) Zone around port facilities and cruiseships - you should have it. (B) a boater operating a vessel without his wallet aboard. Let's assume that it is a state where no boater safety course card is required to be in the possession of the boater. Kids waterskiing in bathing suits like I did growing up? Never carried a wallet - we had to wade out to the boat in chest deep water. Wind/kite surfers wearing a bathing suit? Swimming? Don't think so - not reasonable. Fully clothed on the dock? Probably reasonable that you would have a wallet with you, myabe not. Do you have to show it? It's up to you. Show it, they leave. Don't show it, the questions begin. C) a passenger aboard a vessel, who has left his wallet ashore. Should be no problem. Just my thoughts. |
| Dave Sutton |
^^^ Thanks. My beliefs jive with yours. Yet I was threatened with arrest for not producing ID while tending lines. I'm now kicking myself for not calling the station skipper the next day and asking some hard questions. I won't make that error again.
. |
| jimp |
Dave - Never hesitate to call the station CO/OinC, they shouldn't mind hearing from you. A majority of young Coasties are out there trying to do the best they can with the training they've been provided. If they're wrong, lets make sure they get it right for the next guy. jimp |
| Binkster |
Was the coastie that threatened to arrest you an officer or a non-com? Probably a 2nd class bos'n mate with some newly found power and a badge. I believe the problem escalated becuase you didn't behave in a subservient manner. I don't know you but from your writings you don't seem to have that kind of personality. Maybe you should have gone and gotten your ID, and then done everything he asked you to do, and then gotten his ID and called the newspaper and registered a complaint to the CG. If you saw him again he probably would be an Seamen chipping paint. rich |
| conch |
Dave "Never hesitate to call the station CO/OinC, they shouldn't mind hearing from you." The former USCG Station Islamorada Commander Dennis Zecca has a lot of free time on his hands to correspond with you, particularly after 03/25/2014. Federal officials have offered no motive as to why Zecca allegedly agreed to pay an informant to kill Schmitt. Prosecutors agreed to drop two cocaine distribution charges and one gun-related charge in exchange for a guilty plea on the murder-for-hire charge against Zecca, according to court documents. The murder-for-hire allegation carries a maximum penalty of 10 years in prison and fines up to $250,000. Sentencing before U.S. District Court Judge Jose E. Martinez remains tentatively scheduled for March 25 at the federal courthouse in Key West. Zecca agreed to give authorities a "full, accurate and complete" picture of all the circumstances surrounding the case as part of his plea agreement, according to court records. He is really chatting it up these days and probably knows quite a bit about his "rights". |
| Dave Sutton |
^^ Too funny. I bought fuel right across the canal from that station a few days ago on my way to Key West (where I'm at anchor now waiting out a blow before heading to the Dry Tortugas for a bit).
. |
| johnneary |
Try Massachusetts on the water in the woods on the street on the road in the city at the airport everywhere you go you are accosted by guys that look like they are invading Poland. The constitution and the bill of rights are dead here! I wanted to cry last Fourth of July Boston was a ghost town except police boats cg environmental police etc etc and on my ride back down the coast police swarming the beaches thumping heads we are in serious trouble. :( |
| johnneary |
As a side note later in the summer I had a breakdown and called the coast guard . I wasn't far from my port where they are stationed . They told me they wouldn't come and sea tow is a joke here.(it was after dark) a good semeritan towed me in . When I got to the harbour they came and boarded me at my mooring. |
| thegage |
quote: You must live in a different Massachusetts than I do. John K. |
| johnneary |
Just an observation it effects me very little . There are two sides w marathon bombers and such ! Things are not the same. |
| jimh |
Try going to Canada for recreational boating. They do not seem to be interested in behaving like military police, at least not on the upper Great Lakes. Even as a foreign flagged vessel, I have never been stopped on the water in Canada for any sort of boarding. |
| Dave Sutton |
The USCG and the Canadian Coast Guard have an agreement in the Great Lakes that USCG boards US boats and Canada boards Canadian boats. With very few exceptions, they stick to the agreement. The Canadian Coast Guard seems to remember that "service before self" is the rule to aspire to. It's "Public Service" rather than "The Public Serves Us".
. |
| kmev |
Dave - Which one was your great grandfather? |
| Dave Sutton |
^^ What an interesting resource! My Great Grandfather was George P. Sutton, and I don't see him listed. I'll get a letter in to the historical center asking why. He lived on the west side of the bay between Seaville NJ and the barrier island offshore that now has Sea Isle City NJ on it, where his surfboat station was located. He was a farmer, boat builder, and Coast Guardsman (Life Saving Service at that time). He was off duty when he saw distress rockets over the beach. This was during a Noreaster, and although he normally rowed across the bay to join the station crew, the bay was so rough that he couldn't cross by boat. He walked to the railroad trestle crossing the bay and crossed on foot. The water was so high that the entire thing was a foot underwater, yet he managed to get across and get to the surfboat station soaked thru with salt water and half frozen. The boat crew was already up the beach with the Lyle gun and breeches buoy gear working the wreck, and my Great Grandfather never joined them. When they got back to the station they found my Great Grandfather dead on the floor of the station, still in his oilcloths, obviously overcome by the work trying to get to his station. This is all oral history passed on by my own Grandfather, who remembered it, and my Grandmother, who also remembered it, as well as his widow, my Great Grandmother, who spome of it often (she survived into the 50's, and although I never met her, she recited the story to my Father and Mother many times, and so I heard it second hand thru them as a matter of course during my entire childhood). I have a large number of photographs of him and the surfboats, as well as letters and a few other objects from his service. I need to pass this all back to the USCG historical guys, as obviously it either was not found, or not categorized as something they put on the list. Guessing an oversight, but their historical records are fairly complete and ought to include the log entries of the day at the station. Family members in order of service: Alexander Sutton, my Great-Great Grandfather. He was a crewmember of the Surfboat NEW JERSEY, which was a privately funded surfboat back before there was a federalized life saving service present in southern NJ. George P Sutton, my Great Grandfather, whos service is recited above. His son, Arthur V Sutton, my Grandfather, who served in France in WW-I and served in the USCG in WW-II. Interesting segue: When I was a kid I fished with him out of an old converted lifeboat that he had dragged out of the surf after the torpedoing of the Lemuel Burrows, lost to U-404 off Atlantic City. He often told about finding the boat capsized and towing it to the Coast Guard station where it was righted and found to contain the body of a drowned sailor, trapped under it by his lifejacket to drown. Just last year I was reading a book by Gary Gentile about U Boat warfare and he cited this same story, having found a record in the national archives war records of the Coast Guard. So the records do exist still. I've dived the Lemuel Burrows many times and it's an interesting part of the intertwining story of the sea and it's men. My father, George L Sutton, who was in prep school for the USCG academy in 1944, and who resigned his acceptance to the academy to enlist and see action before the war ended. He went in as an E-1, served on the USN owned, USCG crewed Patrol Frigate (PF) ORANGE in the Pacific, stayed in postwar, managed to get an Education at NYU in New York City in the 50's while serving on overners Island, ockaway Beach, and Sandy Hook, and received a direct comission to JG I guess he would have been the oldest ensign in the coast guard) and then went thru the officer ranks to retire as Captain, with his final duty as Deputy Captain of the Port, NY.
. |
| Dave Sutton |
^^ Looked at the list again, and they only include small boat accidents, not shoreborne rescuers losses. So looks like George P Sutton isn't going to be listed there. It does spur me to want to write the historical branch to get his service records, so that after I am gone the history can stay in my family. Thanks for the link to the page.
. |
| wezie |
Dave, maybe there is another list. As to the abuse of power being discussed, there is one overbearing consideration not mentioned. When we ask for some discretion or tolerance, today we are asking for the person in charge to risk being blamed for any and everything that happens that might be related to that tolerance. "The officer said it was OK". I can almost hear the screaming because the officer loaned an imersion suit to one boat and they did not loan one to my brother and he died. Basically too many finger pointers and Trial Lawyers and those that will hire them. In addition, there are thousands of local police out there that know what they want of laws, and really do not want to be challenged. What makes me sad is the division of what I call Human Beings and Law Enforcement. All the black garb and iron injected into a peaceful part of life. That is all I ask, and fear the Human Beings are losing. |
| kmev |
There are other lists of personnel lost, located here: http://www.uscg.mil/history/CoastGuardPeople.asp You just have to scroll down a bit to find them. Contact me offline. I can provide you the name of a person who may be able to correct the list. This person was collecting oral histories of a lot of older coasties, but with recent budget cuts much of that has ended. |
| Binkster |
Dave says; ^^ Looked at the list again, and they only include small boat accidents, not shoreborne rescuers losses. Scrolling quickly down the causes of death, I find that most of the deaths were caused by small boat accidents, I also find that other causes of death are listed, tour of district rich |
| egres |
posted 03-07-2014 12:08 PM ET (US) Profile for jimh Send Email to jimh Try going to Canada for recreational boating. They do not seem to be interested in behaving like military police, at least not on the upper Great Lakes. Even as a foreign flagged vessel, I have never been stopped on the water in Canada for any sort of boarding. Yes..Truly stated. Good to see of experiences from south of the border. In my experience as a Civil Servant/Government Employee, I will state that to sell the need for protection and thus condition people to live in fear of crime and violence is BIG business in many parts of the world. Hence the "snowball effect" showing unrelenting dedication to a code and script designed by the organizations involving "security". I have been stopped occasionally for routine checks and the action was done without hype or hitches. We all have a job to do to support our Families and understand that it must be done. I've got to be wondering as to WHO is priming the canon in the training of the Government Officers from the US Coast Guard in order to demonstrate the reported attitudes from this topic's reported experiences? Could it be that the reported Caucasian individual looked like a reported dangerous suspect? Was there a history of past problem within the reported area? Was the Coast Guard personnel operating a dragnet looking for suspects involving shady operations? When faced with such hype and seemingly excessively aggressive attitude from Law Enforcement Units. Good thing will be to keep our head cooled and...play it safe. There will be always a time to lodge a complaint later. And...We all know that complaints are what make the "Powers That Be" pay momentary attention to..the importance of showing that they are doing the job "RIGHT" If you know what I mean.. |
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