Coast Guard terminates illegal charter in violation of active Captain of the Port order

MIAMI — Coast Guard law enforcement officers from Coast Guard Cutter Richard Etheridge terminated the voyage of an illegal passenger vessel, Friday, near Dania Beach.  

The 41-foot cabin cruiser, which was carrying eight passengers for hire for a four-hour charter, was found with numerous safety violations. During the investigation, it was found that the vessel’s owner was previously issued a Captain of the Port Order in March 2024 for operating another bareboat charter without a choice of crew.   

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.”  

“We want the public to have an enjoyable time on the water, but we need that time to be spent with professional mariners in control of vessels which meet the regulatory safety standards,” said Lt. Edward Wright, an investigating officer, Coast Guard Sector Miami. "The Coast Guard along with state and local law enforcement agencies will continue to enforce all applicable laws and repeat offenders will face higher fines and possible criminal prosecution."  

The violations included:  

• 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 an appropriately credentialed mariner in control while operating as a small passenger vessel.  

• Violation of 46 C.F.R. 180.71 – Failure to have Type I personal flotation devices for all persons aboard while operating as a small passenger vessel.  

Coast Guard Sector Miami originally issued a COTP order to the vessel’s owner, mandating that any vessels the individual owns or operates to immediately cease commercial operations until they were in full compliance with all applicable laws and regulations.    

Owners and operators of illegal passenger vessels can face maximum civil penalties of $69,000 or more for illegal passenger for hire 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.  

For additional recreational boating safety information, please visit www.uscgboating.org.   

Anyone with information regarding an illegal charter is encouraged to contact CGIS here or download the app.  

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-USCG-