As usual Wilbur Hubbard is right again. Here is the code of federal
regulations regarding the USCG:

http://www.access.gpo.gov/cgi-bin/cf...i?title=200333

The CFR is Federal Law. I challenge anyone to find the part where the USCG
can pull over any boat on the high seas and search it. Wilbur Hubbard -
right again!

Greg Hurst wrote in message
...
On Mon, 16 Jun 2008 18:17:02 -0700, "Kapt Krunch"
wrote:

As usual Wilbur Hubbard is right again. Here is the code of federal
regulations regarding the USCG:

http://www.access.gpo.gov/cgi-bin/cf...i?title=200333

The CFR is Federal Law. I challenge anyone to find the part where the USCG
can pull over any boat on the high seas and search it. Wilbur Hubbard -
right again!


Hey idiot read this, it's from the US Constitution:

Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and
fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas,
and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use
shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval
Forces;

To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and
for governing such Part of them as may be employed in the Service of
the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the Militia
according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of
particular States, and the acceptance of Congress, become the Seat of
the Government of the United States, and to exercise like Authority
over all Places purchased by the Consent of the Legislature of the
State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any
Department or Officer thereof.


READ THE FOLLOWING:

To define and punish Piracies and Felonies committed on the high Seas,
and Offenses against the Law of Nations;

BUT DON'T READ THIS:

To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any
Department or Officer thereof.

BECAUSE IN 33CFR THE RULES ARE DELEGATED TO THE COMMANDANT, HE IS NOT
CONGRESS AND THE RULES THEREFORE ARE NOT LAW.


Be calm Greg... it were a sockpuppet....

--
"j" ganz @@
www.sailnow.com

wrote in message
news
On Mon, 16 Jun 2008 18:17:02 -0700, "Kapt Krunch"
wrote:

As usual Wilbur Hubbard is right again. Here is the code of federal
regulations regarding the USCG:

http://www.access.gpo.gov/cgi-bin/cf...i?title=200333

The CFR is Federal Law. I challenge anyone to find the part where the USCG
can pull over any boat on the high seas and search it. Wilbur Hubbard -
right again!



This new proclamation from George Bush (lifted from this white house web
site;
http://www.whitehouse.gov/news/relea...040226-11.html), which was signed
into
law on 2/26/2004, allows the feds to seize your USA or foreign flagged
vessel
(in USA territorial waters) after they kick you off it, if they think you
are
planning to travel to Cuba.

This means that a Canadian sailor anywhere in the US territorial waters
risks
losing their boat if the Feds think you may sail to Cuba. This is
crazy.but it's
real.

(Read sections 1 & 2 very carefully...)

Expanding the Scope of the National Emergency and Invocation of Emergency
Authority Relating to the Regulation of the Anchorage and Movement of
Vessels
Into Cuban Territorial Waters
By the President of the United States of America
A Proclamation

By the authority vested in me by the Constitution and the laws of the
United
States of America, in order to expand the scope of the national emergency
declared in Proclamation 6867 of March 1, 1996, based on the disturbance
or
threatened disturbance of the international relations of the United States
caused by actions taken by the Cuban government, and in light of steps
taken
over the past year by the Cuban government to worsen the threat to United
States
international relations, and,

WHEREAS the United States has determined that Cuba is a state-sponsor of
terrorism and it is subject to the restrictions of section 6(j)(1)(A) of
the
Export Administration Act of 1979, section 620A of the Foreign Assistance
Act of
1961, and section 40 of the Arms Export Control Act;

WHEREAS the Cuban government has demonstrated a ready and reckless
willingness
to use excessive force, including deadly force, against U.S. citizens, in
the
ostensible enforcement of its sovereignty, including the February 1996
shoot-down of two unarmed U.S.-registered civilian aircraft in
international
airspace, resulting in the deaths of three American citizens and one other
individual;

WHEREAS the Cuban government has demonstrated a ready and reckless
willingness
to use excessive force, including deadly force, against U.S. citizens and
its
own citizens, including on July 13, 1995, when persons in U.S.-registered
vessels that entered into Cuban territorial waters suffered injury as a
result
of the reckless use of force against them by the Cuban military, and
including
the July 1994 sinking of an unarmed Cuban-registered vessel, resulting in
the
deaths of 41 Cuban citizens;

WHEREAS the Cuban government has impounded U.S.-registered vessels in
Cuban
ports and forced the owners, as a condition of release, to violate U.S.
law by
requiring payments to be made to the Cuban government;

WHEREAS the entry of any U.S.-registered vessels into Cuban territorial
waters
could result in injury to, or loss of life of, persons engaged in that
conduct,
due to the potential use of excessive force, including deadly force,
against
them by the Cuban military, and could threaten a disturbance of
international
relations;
WHEREAS the unauthorized entry of vessels subject to the jurisdiction of
the
United States into Cuban territorial waters is in violation of U.S. law
and
contrary to U.S. policy;

WHEREAS the objectives of U.S. policy regarding Cuba are the end of the
dictatorship and a rapid, peaceful transition to a representative
democracy
respectful of human rights and characterized by an open market economic
system;

WHEREAS a critical initiative by the United States to advance these U.S.
objectives is to deny resources to the repressive Cuban government,
resources
that may be used by that government to support terrorist activities and
carry
out excessive use of force against innocent victims, including U.S.
citizens;

WHEREAS the unauthorized entry of U.S.-registered vessels into Cuban
territorial
waters is detrimental to the foreign policy of the United States, which is
to
deny monetary and material support to the repressive Cuban government,
and,
therefore, such unauthorized entries threaten to disturb the international
relations of the United States by facilitating the Cuban government's
support of
terrorism, use of excessive force, and continued existence;

WHEREAS the Cuban government has over the course of its 45-year existence
repeatedly used violence and the threat of violence to undermine U.S.
policy
interests. This same regime continues in power today, and has since 1959
maintained a pattern of hostile actions contrary to U.S. policy interests.
Among
other things, the Cuban government established a military alliance with
the
Soviet Union, and invited Soviet forces to install nuclear missiles in
Cuba
capable of attacking the United States, and encouraged Soviet authorities
to use
those weapons against the United States; it engaged in military
adventurism in
Africa; and it helped to form and provide material and political support
to
terrorist organizations that sought the violent overthrow of
democratically
elected governments in Central America and elsewhere in the hemisphere
allied
with the United States, thereby causing repeated disturbances of U.S.
international relations;

WHEREAS the Cuban government has recently and over the last year taken a
series
of steps to destabilize relations with the United States, including
threatening
to abrogate the Migration Accords with the United States and to close the
U.S.
Interests Section, and Cuba's most senior officials repeatedly asserting
that
the United States intended to invade Cuba, despite explicit denials from
the
U.S. Secretaries of State and Defense that such action is planned, thereby
causing a sudden and worsening disturbance of U.S. international
relations;

WHEREAS U.S. concerns about these unforeseen Cuban government actions that
threaten to disturb international relations were sufficiently grave that
on May
8, 2003, the United States warned the Cuban government that political
manipulations that resulted in a mass migration would be viewed as a
"hostile
act;"

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by
the authority vested in me by the Constitution and the laws of the United
States
of America, including section 1 of title II of Public Law 65-24, ch. 30,
June
15, 1917, as amended (50 U.S.C. 191), sections 201 and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3,
United
States Code, in order to expand the scope of the national emergency
declared in
Proclamation 6867 of March 1, 1996, and to secure the observance of the
rights
and obligations of the United States, hereby authorize and direct the
Secretary
of Homeland Security (the "Secretary") to make and issue such rules and
regulations as the Secretary may find appropriate to regulate the
anchorage and
movement of vessels, and authorize and approve the Secretary's issuance of
such
rules and regulations, as authorized by the Act of June 15, 1917.

Section 1. The Secretary may make rules and regulations governing the
anchorage
and movement of any vessel, foreign or domestic, in the territorial waters
of
the United States, which may be used, or is susceptible of being used, for
voyage into Cuban territorial waters and that may create unsafe
conditions, or
result in unauthorized transactions, and thereby threaten a disturbance of
international relations. Any rule or regulation issued pursuant to this
proclamation may be effective immediately upon issuance as such rule or
regulation shall involve a foreign affairs function of the United States.

Sec. 2. The Secretary is authorized to inspect any vessel, foreign or
domestic,
in the territorial waters of the United States, at any time; to place
guards on
any such vessel; and, with my consent expressly hereby granted, take full
possession and control of any such vessel and remove the officers and crew
and
all other persons not specifically authorized by the Secretary to go or
remain
on board the vessel when necessary to secure the rights and obligations of
the
United States.

Sec. 3. The Secretary may request assistance from such departments,
agencies,
officers, or instrumentalities of the United States as the Secretary deems
necessary to carry out the purposes of this proclamation. Such
departments,
agencies, officers, or instrumentalities shall, consistent with other
provisions
of law and to the extent practicable, provide requested assistance.

Sec. 4. The Secretary may seek assistance from State and local authorities
in
carrying out the purposes of this proclamation. Because State and local
assistance may be essential for an effective response to this emergency, I
urge
all State and local officials to cooperate with Federal authorities and to
take
all actions within their lawful authority necessary to prevent the
unauthorized
departure of vessels intending to enter Cuban territorial waters.

Sec. 5. All powers and authorities delegated by this proclamation to the
Secretary may be delegated by the Secretary to other officers and agents
of the
United States Government unless otherwise prohibited by law.

Sec. 6. Any provisions of Proclamation 6867 that are inconsistent with the
provisions of this proclamation are superseded to the extent of such
inconsistency.

Sec. 7. This proclamation shall be immediately transmitted to the Congress
and
published in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
February, in the year of our Lord two thousand four, and of the
Independence of
the United States of America the two hundred and twenty-eighth.

GEORGE W. BUSH
__________________



You are ignoring the "in the territorial waters of the United States" part.

This does not include international waters. Duh!

Wilbur Hubbard

"Kapt Krunch" wrote in message
...
As usual Wilbur Hubbard is right again. Here is the code of federal
regulations regarding the USCG:

http://www.access.gpo.gov/cgi-bin/cf...i?title=200333

The CFR is Federal Law. I challenge anyone to find the part where the USCG
can pull over any boat on the high seas and search it. Wilbur Hubbard -
right again!


Wilbur Hubbard is NEVER wrong! You shouldn't be surprised.

Wilbur Hubbard

In article ,
wrote:

(in USA territorial waters)

That is the qualifier here..... In Wilbur's example, in the other thread,
the Canadian Fellow WAS in International Waters...... BIG Difference.
Also, just how long do you think it would "Politically Correct" to
enforce this, Unilaterally, against shipping, of other Nations, before
the WORLD would condemn the US, and suit be filled in International
Court, in Hague, for Piracy. It may be a Presidential Proclamation,
but the actual Rules of Engagement, under which it is enforced, is
Significantly more strict, than what you are alleging. I suspect if
a USCG Officer was intending to enforce this, he would at least have to
get permission from his District Admiral, at a minimum, and likely from
HQ in DC.

--
Bruce in alaska
add path after fast to reply

"Bruce in alaska" wrote in message
...
In article ,
wrote:

(in USA territorial waters)

That is the qualifier here..... In Wilbur's example, in the other thread,
the Canadian Fellow WAS in International Waters...... BIG Difference.
Also, just how long do you think it would "Politically Correct" to
enforce this, Unilaterally, against shipping, of other Nations, before
the WORLD would condemn the US, and suit be filled in International
Court, in Hague, for Piracy. It may be a Presidential Proclamation,
but the actual Rules of Engagement, under which it is enforced, is
Significantly more strict, than what you are alleging. I suspect if
a USCG Officer was intending to enforce this, he would at least have to
get permission from his District Admiral, at a minimum, and likely from
HQ in DC.

--
Bruce in alaska
add path after fast to reply


Like we care under the present administration what the world thinks or
does...

--
"j" ganz @@
www.sailnow.com