Coast Guard Sector Miami, in collaboration with federal and state law enforcement agencies, terminated 12 illegal charter operations between Feb. 21 through Feb. 23 on Biscayne Bay and the Miami River. Two vessels, the motor yacht Indigo and the cabin cruiser Second Wind, were found to be in violation of active Captain of the Port (COTP) Orders.
According to the Coast Guard, ten of the 12 illegal charters were cited for safety violations. The Indigo, a 70' motor yacht, was carrying 11 passengers for hire and was found to be operating as an illegal charter. It had previously been issued a COTP Order in May 2023 for operating as a bareboat charter without giving passengers the choice of crew. The Second Wind, a 52' cabin cruiser, was carrying 13 passengers for hire in violation of a COTP Order from January 2023 for engaging in illegal charter operations.
The Coast Guard statement highlighted that violating a COTP Order is a serious offense under 46 U.S.C. 70036, with civil penalties reaching up to $117,608 per day. Willful violations can be prosecuted as a Class D felony, carrying up to six years in prison and fines of up to $250,000 for individuals or $500,000 for organizations.
The illegal charter operations were halted due to multiple violations, including:
- Operating under an active COTP Order (33 C.F.R. 160.105)
- Failure to have a valid Certificate of Inspection (46 C.F.R. 176.100(a))
- Lack of a Certificate of Documentation endorsed for Coastwise Trade (46 C.F.R. 67.7)
- No drug and alcohol program (46 C.F.R. 16.201)
- Failure to employ properly credentialed mariners (46 C.F.R. 15.401(a), 15.515(b), 15.605)
- Lack of required Type 1 personal flotation devices (PFDs) (46 C.F.R. 180.71, 25.25-5)
- Inadequate ventilation (33 C.F.R. 183.610(a)(2))
- Falsifying statements (18 U.S.C. 2237(a)(2)(B))
“Passenger vessel regulations are set standards for the safety of the crews, their passengers, and the public around them,” said Lt. Jasmine Smith, an investigating officer with Coast Guard Sector Miami. “Mariners in control of charter vessels should meet the regulatory safety standards and understand the consequences of disregarding safety violations. At the end of the day, we want the public to have a safe and enjoyable time on the water by complying with state and federal regulations.”
In a statement, the Coast Guard urged passengers to verify that charter operators have the necessary credentials. Captains should hold a Merchant Mariner Credential, and larger charter vessels carrying more than six passengers should have a Coast Guard-issued Certificate of Inspection.
