Encl. (2) to COMDTINST 16750.8A
Violations of Federal safety standards for boats and associated equipment detected
by State marine law enforcement officers will be reported to the Coast Guard for
(Reflects the law.)
Violations of vessel inspection or related Federal laws by non-recreational vessels
that are observed by State marine law enforcement officers will be reported to the
Coast Guard for disposition.
(Reflects the law.)
When a complaint is made to the Coast Guard alleging an offense that is a violation
of the State recreational boating laws or regulations, the Coast Guard will normally
refer the complaint to the proper State or local authority in the appropriate State
jurisdiction. Similarly, when a complaint is made to the State of a violation of any
vessel laws or regulations within the exclusive jurisdiction of the United States, the
State will refer the complaint to the Coast Guard.
(This permits complaints of negligent operation, operating a vessel while
intoxicated, or other violations to be referred to State officials.)
A State marine law enforcement officer or Coast Guard boarding officer will not
normally board a vessel for inspection if the operator produces evidence of a recent
satisfactory State or Coast Guard examination or the vessel displays a current Coast
Guard Auxiliary Courtesy Marine Examination or State inspection decal. However,
notwithstanding a recent satisfactory examination, boarding will be undertaken
when there are indications of a violation of U.S. or State statutes or regulations, or as
part of a special local enforcement operation.
(Encourages public acceptance of voluntary inspection programs and prevents
harassment of boat operators. The portion to require honoring of the Auxiliary decal
is highly desirable but may be omitted where such inclusion would preclude
agreement because of State objections.)
A Coast Guard boarding officer who has observed a violation of a State boating law
or regulation, or a State marine law enforcement officer who has observed a
violation of vessel inspection law or other regulations of the United States, will
generally be made available to testify for the State or Federal prosecution for the
observed offense or to testify in any other proceeding relating to the violation.