In early March, U.S. Coast Guard Sector Miami law enforcement officers, along with federal, state, and local law enforcement partners, terminated six illegal charter voyages, across Palm Beach, Broward and Miami-Dade counties.
Illegal charters are a persistent and serious challenge for the passenger vessel industry and have remained a top issue for PVA. In direct response to sustained advocacy by PVA, the Government Accountability Office (GAO) agreed late last year to a bipartisan request from the leaders of the U.S. House Transportation and Infrastructure Committee (T&I) to conduct a comprehensive federal study of illegal passenger-for-hire operations, commonly referred to as illegal charters. This investigation will provide Congress with the independent analysis needed to strengthen enforcement and oversight.
In Miami, the 88ʹ motor yacht, The Round, was reportedly operating as an illegal charter with numerous violations and 18 passengers for hire on the vessel. During the investigation, it was found the vessel’s owner was previously issued a Captain of the Port (COTP) Order three separate times.
Violating a COTP Order is enforceable under 46 U.S.C. 70036. The Coast Guard may issue a civil penalty for up to $117,608 for each violation and may be assessed each day the vessel is in violation. Willful and knowing violations can be punished as a Class D felony, which is punishable up to six years in prison or fines up to $250,000 for an individual or $500,000 for an organization.
Violations issued during the six boardings included:
- 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
- Violation of 46 C.F.R. 67.7 – Failure to have a valid Certificate of Documentation
- Violation of 46 C.F.R. 16.203(a)(1) – Failure to have a drug and alcohol program
- Violation of 46 C.F.R. 15.401(a) – Failure to employ a credentialed mariner
- Violation of 46 U.S.C 70506 (c) – Possession of a controlled substance
- Violation of 46 U.S. Code 14702 – Providing false statements
- Violation of 46 C.F.R. 25.25.5 – Failure to have Type I personal flotation devices for all persons aboard while operating as an uninspected passenger vessel
- Violation of 46 C.F.R. 26.20.1 – Failure to have merchant mariner credential available to be presented to CG while operating with passenger for hire
- Violation of 46 C.F.R. 67.325 – Failure to have a properly endorsed Certificate of Documentation
- Violation of 46 C.F.R. 67.123 – Failure to properly display name and hailing port marking requirements
- Violation of 46 C.F.R. 67.313 – Requirement to have original Certificate of Documentation onboard
- Violation of 46 C.F.R. 15.515 (c) – Failure to have a credentialed mariner in control while operating as small passenger vessel
- Violation of 33 C.F.R. 173.23 – Failure to have a valid state registration
Anyone with information regarding an illegal charter is encouraged to contact CGIS here or download the app.