| U.S. Coast Guard at
LAWDOG® |
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| Armed Civilians, Except During War |
| Under the Department of Transportation, the United States
Coast Guard (USCG) is a large armed civilian force which performs numerous reponsibilities
and missions, not the least of which involves the saving of countless lives in daring
emergency and disaster rescues. In case of a declaration of war or when the President
directs, the Coast Guard operates as a service in the Navy, and continues until the
President, by Executive order, transfers the Coast Guard back to the Department of
Transportation. |
| Cutting Smuggling |
| The suppression of smuggling was one of the reasons for the
formation of the U.S. Coast Guards first fleet of revenue cutters in 1790. While
U.S. Customs has primary responsibility for collecting customs duties, the U.S. Coast
Guard also has responsibility for prevention of maritime smuggling. The U.S. Coast Guard
is authorized by law to enforce all U.S. Customs laws, and its officers and petty officers
are authorized to act as customs officers. |
| Enforcement and Investigation |
| Although a vessel may be subject to enforcement jurisdiction
of agencies including U.S. Customs, Immigration and Naturalization Service,
U.S. Drug Enforcement Administration, marine patrols, and Wildlife and Fisheries agents,
the agency with the widest jurisdiction is the U.S. Coast Guard. 19 U.S. Code Section
1581a, the Customs Enforcement Statute, applies in the "customs waters" of the
United States, where the Coast Guard may board, and examine any vessel, person,or cargo.
If a violation of American law is found, the vessel may be seized and the persons on board
may be prosecuted in American courts. Under the 1980 Marijuana on the High Seas Act, U.S.
officials assert jurisdiction over vessels documented under U.S. laws, owned in whole or
in part by a U.S. citizen or corporation (unless granted nationality by another nation),
and vessels without nationality. |
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| The Coast Guard investigates marine casualties to determine
causation. Such investigations can result in disciplinary actions or criminal
charges for licensed captain, and other seamen, and may be given weight in civil actions.
In an investigation, the Coast Guard may subpoena witnesses and documents, and examine
property. The Coast Guard may perform random drug and alcohol tests of licensed captains
and crew members, and even recreational boaters involved in collisions and accidents. The
current blood-alcohol level considered to indicate intoxication is .10%, but the Coast
Guard may apply a lower state definition of intoxication where appropriate. |
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