(MIAMI) — Coast Guard Sector Miami law enforcement officers, along with federal and state law enforcement partners, terminated 12 illegal charter voyages Friday through Sunday on Biscayne Bay and Miami River.
The owners of the motor yacht Indigo and cabin cruiser Second Wind were reportedly in federal violation of active captain of the port (COTP) orders. Ten out of the 12 vessel voyages were terminated and cited for various safety violations.
The 70-foot Indigo was reportedly operating as an illegal charter with 11 passengers for hire on the vessel, violating a previously issued COTP order from May 2023 for operating as a bareboat charter without a choice of crew.
The 52-foot Second Wind was reportedly operating as an illegal charter with 13 passengers for hire on the vessel, violating a previously issued COTP order from January 2023 for conducting other passenger for hire operations.
“Passenger vessel regulations are set standards for the safety of the crews, their passengers and the public around them,” said Lt. j.g. Jasmine Smith, a Coast Guard investigating officer at Sector Miami. “Mariners in control of charter vessels should meet the regulatory safety standards and understand the consequences of disregarding safety violations. At the end of the day, we want the public to have a safe and enjoyable time on the water by complying with state and federal regulations.”
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.”
Illegal charter operations were terminated due to:
• Violation of 33 C.F.R. 160.105 – Violation of 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 endorsed for coastwise trade.
• Violation of 46 C.F.R. 16.201 – Failure to have a drug and alcohol program.
• Violation of 46 C.F.R. 15.401(a) – Failure to employ an appropriately credentialed mariner.
• Violation of 46 C.F.R. 15.515(b) – Failure to have a credential mariner in control while operating as a small passenger vessel.
• Violation of 46 C.F.R. 15.605 – Failure to have a credential mariner in control while operating as an uninspected passenger vessel.
• Violation of 46 C.F.R. 180.71 – Failure to ensure type 1 PFDs for all people aboard while operating as a small passenger vessel.
• Violation of 46 C.F.R. 25.25-5 – Failure to ensure type 1 PFDs for all people aboard while operating as an uninspected passenger vessel.
• Violation of 33 C.F.R. 183.610(a)(2) – Failure to have adequate ventilation.
• Violation of 18 U.S.C. 2237(a)(2)(B) – Falsifying statements.
Owners and operators of illegal charters can face maximum 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 passenger vessel to verify that their 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. If the operator cannot produce appropriate credentials, passengers should not get on the boat.
Partner agencies involved in last weekend’s charter vessel boardings included Maritime Safety and Security Team Miami, Coast Guard Investigative Service, Coast Guard Station Fort Lauderdale, Coast Guard Station Miami Beach, Homeland Security, U.S. Customs and Border Protection Office of Field Operations, Diplomatic Security Service, City of Miami Police Department, Miami-Dade Sheriff’s Office, Florida Fish and Wildlife Conservation Commission, and North Bay Village Police Department.
– U.S. Coast Guard
