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Bruce in Alaska
 
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Default Mayday off coast of Mexico-rescued from catamaran

In article .com,
"Bob" wrote:

Good question, and I have no idea. For US citizens it is clear cut:
You are required to obey an order from a law enforcement officer, and
the USCG qualifies as such.


Well now, the above is not exactly true.

For US Flagged and Documented Vessels, the USCG, US Marshals, and the
US Navy, if at sea are the only people that can board, without the
Captain's Permission.
Local LEO's sometimes try to extend their Jurasdiction to Documented
Vessels, and have done so in US Waters, only to have any evidence seized
thrown out of Court for Illeagal Search. Having been a Federal Agent,
with Enforcement Powers, I still had to go find a US Marshal, or Coastie,
to board a US Flagged and Documented Vessel, against the Captains wishes.
I have had to do this numerious times, and the proceedure was always the
same. Usually it has been something simple, but on one occasion a
collegue had to go find a local Coastie to accompany him back to so
a SixPack Inspection on a local Charter Vessel, where boarding was
denied by the Skipper. I stood watch while the USCG was rounded up, and
they actually came in force, armed, with a CPO in charge of the detail.
We conducted our inspection, found numerious violations and PickSlipped
the Vessel, but the CPO looked in the bildge, found a pile of Dope,
and hauled the skipper and Mate off in cuffs. I was called as a witness,
to document the timeline of the observation of the vessel in question,
and the skipper was convicted, and the Mate as well. Ever wonder why
it is the US Marshals that conduct sales of documented vessels that are
siezed in US Waters, and it is the Marshals that do the siezing?

Maritime Law is different that any other LAW, and it has different
requirements than normal shoreside Law.

Bruce in alaska
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Bob
 
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Default Mayday off coast of Mexico-rescued from catamaran

Hi Bruce:

Sounds as though you may have some insight here. How about a "what if."
Lets say I am a US citizen sailing about 350 miles off the CA shore. I
am not flying any flags. After all, I am less than 12 meters LOA and a
recreational vessel. I just spent a few months in Peru and returning
home to Astoria, Or. A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?

Bob

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Wayne.B
 
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Default Mayday off coast of Mexico-rescued from catamaran

On 6 Feb 2006 13:25:18 -0800, "Bob" wrote:

A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?


Not for long.

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Gary
 
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Default Mayday off coast of Mexico-rescued from catamaran

Bob wrote:
Hi Bruce:

Sounds as though you may have some insight here. How about a "what if."
Lets say I am a US citizen sailing about 350 miles off the CA shore. I
am not flying any flags. After all, I am less than 12 meters LOA and a
recreational vessel. I just spent a few months in Peru and returning
home to Astoria, Or. A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?

Bob

As the Captain of a Canadian warship, I can tell you, we can't do that.
We'd need probable cause and loads of approval. We'd probably
just put some other resources on you and watch you quite closely until
we got the permission. Now, in the Persian Gulf......
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Don White
 
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Default Mayday off coast of Mexico-rescued from catamaran

Gary wrote:
Bob wrote:

Hi Bruce:

Sounds as though you may have some insight here. How about a "what if."
Lets say I am a US citizen sailing about 350 miles off the CA shore. I
am not flying any flags. After all, I am less than 12 meters LOA and a
recreational vessel. I just spent a few months in Peru and returning
home to Astoria, Or. A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?

Bob

As the Captain of a Canadian warship, I can tell you, we can't do that.
We'd need probable cause and loads of approval. We'd probably
just put some other resources on you and watch you quite closely until
we got the permission. Now, in the Persian Gulf......



Sail on one of the 'Halifax Class' ships?


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Gary
 
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Default Mayday off coast of Mexico-rescued from catamaran

Don White wrote:
Gary wrote:

Bob wrote:

Hi Bruce:

Sounds as though you may have some insight here. How about a "what if."
Lets say I am a US citizen sailing about 350 miles off the CA shore. I
am not flying any flags. After all, I am less than 12 meters LOA and a
recreational vessel. I just spent a few months in Peru and returning
home to Astoria, Or. A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?

Bob

As the Captain of a Canadian warship, I can tell you, we can't do
that. We'd need probable cause and loads of approval. We'd
probably just put some other resources on you and watch you quite
closely until we got the permission. Now, in the Persian Gulf......




Sail on one of the 'Halifax Class' ships?

No. HMCS Oriole.

www.navy.gc.ca/oriole
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Wayne.B
 
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Default Mayday off coast of Mexico-rescued from catamaran

On Tue, 07 Feb 2006 01:11:41 GMT, Gary wrote:

No. HMCS Oriole.

www.navy.gc.ca/oriole


Cool.

Are you allowed warning shots across the bow in port/starboard
encounters?

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Don White
 
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Default Mayday off coast of Mexico-rescued from catamaran

Gary wrote:
Don White wrote:

Gary wrote:

Bob wrote:

Hi Bruce:

Sounds as though you may have some insight here. How about a "what if."
Lets say I am a US citizen sailing about 350 miles off the CA shore. I
am not flying any flags. After all, I am less than 12 meters LOA and a
recreational vessel. I just spent a few months in Peru and returning
home to Astoria, Or. A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?

Bob

As the Captain of a Canadian warship, I can tell you, we can't do
that. We'd need probable cause and loads of approval. We'd
probably just put some other resources on you and watch you quite
closely until we got the permission. Now, in the Persian Gulf......





Sail on one of the 'Halifax Class' ships?


No. HMCS Oriole.

www.navy.gc.ca/oriole



Lucky you!..
What's with that picture of you leading 'Bluenose II'?
Someone doctor it up for propaganda purposes?
I've got a couple of nieces in the Navy. One is a recruiter and the
other is reserve (fleet diving)
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Bruce in Alaska
 
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Default Mayday off coast of Mexico-rescued from catamaran

In article .com,
"Bob" wrote:

Hi Bruce:

Sounds as though you may have some insight here. How about a "what if."
Lets say I am a US citizen sailing about 350 miles off the CA shore. I
am not flying any flags. After all, I am less than 12 meters LOA and a
recreational vessel. I just spent a few months in Peru and returning
home to Astoria, Or. A US warship says, pull over we want to board.
Can I tell them to buzz off and keep sailing?

Bob


At that point Maritime Law says "He who has the Biggest Guns at the
momment, decides what the Law is, at that momment".....
I suspect that you would be hailed, and asked, to state, or show a Flag.
If you choose not to, then you would be boarded as a "Pirate". If you
choose to lie, and declare a Flag of another nation, and got caught,
you would be boarded and taken into custody as a Pirate. If you
stated you were a US Flagged vessel, you would be boarded and inspected
like any other US Flagged Vessel.

The US Navy, wouldn't be hailing you on the High Seas, unless they had a
specific Tasking to do so, so I suspect that this wouldn't actually be a
real senerio. The USCG however does routinely hail and board unFlagged
vessels in international waters.


Bruce in alaska
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Bob
 
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Thank you Bruce.
Bob



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