Congress Torpedoes Drug Submarines Carrying Cocaine From Colombia
Reader Comments
coast gaurd
so fly you a aussy flag or england flag take your pick... then they cant board you in international waters.......right?
Congressional Action
Is anyone interested in the technology used in these crafty subs? They are reportedly self-propelled and capable of long distance travel. If they really can hold several tons of illegal drugs, I cannot help but think what a nice vessel these submarines would be to own legally and have for legitimate personal use.
I hope Senator Lautenberg is unsuccessful in having still more legislation passed which only curtails the rights of ordinary Americans and does little to fight crime. These submarines could become a much needed product and possibly a growth industry; especially if they can be propelled in a non-polluting manner.
USCG and their Jurisdiction
As a former member of the US Coast Guard Reserve, I can comment about the boaabove boaters problem. He is responsible for making sure that he has the proper safety equipment. Also the U.S. Coast Guard law enforcement authority come from Federal Law 14 United Sates Code 89A. Please look it up and see what it says. Enough said.
USCG Boarding Policy
U.S. Coast Guard Boarding Policy
The U.S. Coast Guard is the primary maritime law enforcement agency of the U.S.
Authority: Section 89 of Title 14 of the United States Code authorizes the Coast Guard to board vessels subject to the jurisdiction of the U.S., anytime upon the high seas and upon waters over which the United States has jurisdiction, to make inquiries, examinations, inspections, searches, seizures and arrests.
What to expect: A uniformed CG boarding team will notify you that they are coming aboard to conduct a CG boarding. Like other law enforcement officers, they will be armed. Once on board they will conduct an initial safety inspection to identify any obvious safety hazards, and to ensure the sea worthiness of your vessel. The boarding officer will then ask to see the vessel registration or documentation, and proceed to inspect your vessel. The scope of the vessel inspection, during most boardings, is limited to determining the vessel's regulatory status (e.g. commercial, recreational, passenger, cargo, and/or fishing vessel) and checking for compliance with U.S. civil law applicable to vessels of that status. The CG may also enforce U.S. criminal law. The boarding officer will complete a Coast Guard boarding form, and note any discrepancies. You will get a signed copy before they depart.
Report of Boarding: When a CG boarding officer issues you a boarding report, they will either issue a yellow copy, if no discrepancies were noted, or a white copy if there were. A white copy will indicate a warning or a notice of violation. The CG boarding officer should explain the procedures to follow in each case. In any event, those procedures are written on the reverse of the form. If you have any questions ask the CG boarding officer.
Wow your smart. Glad I'm a coastie out there putting my life on the line to save you.
Use your brain.
All legal issues aside, you mentioned that your safety gear was out of date. As a former member of the Coast Guard and a qualified Boarding Team member, I'm guessing that the gear you're referring to was either your flares or your EPIRB (Electronic Position-Indicating Radio Beacon). In an emergency, when your radio fails (or you are already in a liferaft), these two pieces of equipment are your best chances of being found alive at sea. WHY ON EARTH WOULD YOU GET UNDERWAY with these items expired?!
The Coast Guard issues fines in the hopes that it will prevent this stupidity.
In the future, for your own safety as well as that of the Coasties who may have to go searching for you, please keep your gear up to date.
A Clear and Present Danger
Since the Lautenberg bill would define what is considered a submersible or semi-submersible vessel without nationality, it seems that this legislation is very focused. This is a known threat which can be easily adapted to carrying conventional weapons (as in the case of the USS COLE), or stolen nuclear material/dirty bombs. It is in our national interest to pass this legislation.
Confusion
[quote]"an unregistered vessel operating in international waters is subject to the jurisdiction of the nation in whose waters it is located."
I´m no expert on maritime law so maybe it´s obvious to someone else, but doesn´t being in "international waters" imply that you are in fact outside of the jurisdiction of ANY particular nation?[/quote]
Kind of right, but a bit off. A vessel that is stateless (meaning it has no country of registration) or assimilated to stateless (meaning it either flies false colors, or makes conflicting claims to which country it is registered in) is subject to the jurisdiction of EVERY maritime nation, wherever it is. Meaning the U.S. Coast Guard could board such a ship in International waters and apply U.S. Federal Law to it. This isn't restricted to the U.S. Coast Guard, any countries naval force with the power to enforce said countries law could board it and enforce thier law.
In other words, it's never a good thing to be a stateless vessel, and only a moron or someone who was engaged in a nefarious activity would take a chance like that.
Re: That's Confusing
Statutory authority for the Coast Guard's Law Enforcement mission is contained in 14 USC 2. It says, "The Coast Guard shall enforce or assist in the enforcement of all applicable laws on, under and over the high seas and waters subject to the jurisdiction of the United States." 14 USC 89 provides the authority for Coast Guard personnel to enforce U.S. law, and it authorizes Coast Guard personnel to enforce federal law on waters subject to U.S. jurisdiction and in international waters, as well as on all vessels subject to U.S. jurisdiction (meaning in U.S. waters or waters under U.S. jurisdiction). That includes vessels of foreign registry, and "stateless" vessels.
Vessels that are not legitimately registered in any country are considered "stateless." As such, they are not entitled to the protection of any country, and under International law, are technically subject to the jursidiction of all countries.
USCG
Thank God for the COAST GUARD. A lot of people may complain about them, but when it comes time when they are in trouble its the men and women of the COAST GUARD of there risking thier lives to save anyone in trouble, even the ones who do all the complaining.
That´s confusing
"an unregistered vessel operating in international waters is subject to the jurisdiction of the nation in whose waters it is located."
I´m no expert on maritime law so maybe it´s obvious to someone else, but doesn´t being in "international waters" imply that you are in fact outside of the jurisdiction of ANY particular nation?




