SAN JUAN, Puerto Rico — A Coast Guard Maritime Safety and Security Team from Miami and Sector San Juan Marine Investigators terminated an illegal bareboat charter voyage, Saturday, in Fajardo, Puerto Rico.
The 55-foot recreational vessel Hibiki had 12 people onboard, 10 passengers for hire and two crew members, when it was found operating illegally as a bareboat charter off the Puerto del Rey Marina in violation of a previous federal Captain of the Port (COTP) Order issued on January 8, 2025.
“We appreciate the great work and professionalism demonstrated by the MSST Miami crew to stop this illegal charter operation,” said Lt. Brandon Taylor, Sector San Juan chief of enforcement. “Over the past year, Coast Guard enforcement efforts have yielded 15 vessel terminations, multiple violations, and four Captain of the Port Orders. Violating a Captain of the Port Order is a very serious matter which may include substantial fines and possible jail time. Our resolve to protect passengers from this illicit practice and ensure vessel operators adhere to federal safety standards and regulations is unwavering.”
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.
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 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 vessel to verify their captain has a merchant mariner credential and is compliant with safety measures, such as having enough lifejackets for those going aboard. For larger charter boats or those carrying more than six passengers, ask to see a Coast Guard issued certificate of inspection in addition to the merchant mariner credential. If the operator cannot produce appropriate credentials, passengers should not get on the boat.
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