Encl. (1) to COMDTINST 16750.8A
b.
Discussion.
(1)
The scope of the total effort required to effectively execute a national boating safety
program presents communication and coordination problems often unique and
complex in nature. The use of written agreements as authorized by 46 U.S.C.
13109, between or among the affected agencies, is the proper vehicle for the
resolution of such problems.
(2)
Provisions for a biennial review of the Federal/State agreements are necessary to
ensure that the agreements are current.
c.
Delegation of Authority. District commanders shall attempt to conclude cooperative
agreements in conformity with this Instruction, and may redelegate this authority subject
to any controls they consider necessary.
d.
Guidelines.
(1)
Each cooperative agreement shall be in writing. Enclosure (2) to this Instruction is
furnished as a guide for developing agreements. It contains, in addition to the text,
some "justifications" under each paragraph that may prove helpful. All outstanding
assistance agreements [except as noted in paragraphs 2 d (4) and 2 d (5) ] shall be
combined into one comprehensive agreement as soon as possible. The agreement
should be written in such a way as to combine as many activities as possible. District
commanders shall continue to encourage the States to include any activities omitted.
Such areas shall be specifically readdressed in each scheduled joint review of the
agreement. Reference to separate and supplemental agreements shall be so noted in
the Cooperative Agreement.
(2)
Each State's enforcement programs and facilities must be adequate for the
responsibilities assumed under the agreement. As a result, a State's enforcement
authority and penalty scheme should not conflict with Federal requirements. If a
State's enforcement activity is decentralized or if one State agency is not empowered
to execute cooperative enforcement agreements, the district commander may enter
into an agreement with more than one agency if satisfied that enforcement in support
of State law is otherwise adequate.
(3)
Agreements shall contain provisions for the following:
(a)
The specific water areas in which each party will provide primary law
enforcement and safety patrols or any other agreed activity.
(b)
Mutually acceptable conditions whereby the agreement may be terminated,
reconsidered, continued, or expanded.
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