Encl. (2) to COMDTINST 16750.8A
e.
The State shall, to the fullest extent practicable, endeavor to conform its laws, rules and
regulations with Federal law, subject to the Federal preemption provisions contained in 46
U.S.C. 4306. The Coast Guard (G-OPB-2) and the State shall promptly furnish to each
other the text of any proposed or enacted law, rule or regulation having to do with
numbering, titling, equipping or operating vessels that are the subject of this Agreement
and any administrative interpretations thereof.
(The Coast Guard must work closely with State officials to achieve uniformity using
Federal law as the standard.)
f.
The Coast Guard and the State will provide each other a copy of statistical and other data
pertinent to the matters agreed to herein.
(The transfer of information between parties of the Agreement will provide a means to
assess overall the status of boating safety initiatives within each State.)
3.
TERMS OF UNDERSTANDING.
a.
Law Enforcement.
(1)
The State has primary recreational boating safety law enforcement responsibility
within concurrent jurisdiction areas. In these waters the United States has exclusive
responsibility for the enforcement of vessel inspection and related Federal statutes
applicable to non-recreational vessels.
(The core of the understanding permits States to plan orderly boating enforcement programs
knowing Coast Guard will not duplicate their efforts. This section may be used to divide
primary enforcement or alternating patrol areas as determined.)
(2)
In order to provide the most effective law enforcement possible with the vessels and
personnel available and to avoid duplication of efforts in a given area at a given
time, the (State BLA) of the State of _____________ and the district commander of
the
Coast Guard District shall coordinate or arrange for coordination of law
enforcement patrols on waters subject to concurrent jurisdiction.
(3)
Numbering violations observed by Coast Guard boarding officers will be referred to
the State of __________ for processing. In addition, other recreational boating
violations may be referred to the State at the discretion of the District Commander.
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