The owner of a 42-foot motor yacht stopped near San Carlos Bay by the U.S. Coast Guard is facing thousands in fines and possible prison for an alleged illegal charter voyage.
The owner of the vessel was determined to be in violation of an active federal Captain of the Port Order issued May 6. The voyage was terminated Saturday, May 9 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. 15.501 - Failure to have an inspected passenger vessel under the command of a credentialed mariner
- Violation of 46 C.F.R. 67.325 - Failure to have a valid Certificate of Documentation endorsed for Coastwise trade
- Violation of 46 C.F.R. 16 - Failure of the crew to be enrolled in a drug testing consortium
“Illegal passenger vessel operations pose a serious risk to public safety because passengers often have no idea the vessel lacks required safety inspections, properly credentialed mariners, or lifesaving protections mandated by federal law,” said Brian Knapp, chief of investigations at Coast Guard Sector St. Petersburg. “The Coast Guard will continue to aggressively investigate and terminate unsafe operations to protect the boating public and ensure commercial passenger vessels comply with all applicable safety and mariner credentialing requirements.”
"Illegal passenger vessel operations will not be tolerated because they place passengers at significant risk by circumventing the safety standards, credentialing requirements, and oversight measures designed to protect the public,” said Capt. Corrie Sergent, commanding officer of Coast Guard Sector St. Petersburg. ”The Coast Guard remains fully committed to identifying these unlawful operations and taking decisive enforcement action to ensure vessel operators comply with all applicable 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.”
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.
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