AUTHORITY AND JURISDICTION Flashcards
Define Authority
Government’s Legal Power to Act
US CODE that provides the Scope of USCG Authority
14 USC 522
14 USC 522 (Verbatim)
Article 14, US Code 522
The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction or to the operation of any law of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance
5 Fundamental Sources of USCG Authority
MCPAC “Master Chief’s Protection America’s Coast”
M-Maritime Law Enforcement
C-Customs
P-Ports Waterways, Coastal Security (PWCS)
A-Assistance
C-Coast Guard Investigative Service (CGIS)
Defines USCG Law Enforcement
14 USC 109 / 14 USC 2
The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the Jurisdiction of the United States.
Define Jurisdiction (Verbatim)
The government’s right to exercise legal authority over its persons, vessels, and territory.
What is the Jurisdictional Triangle
Substantive Law, Vessel Status and Flag, Location
What is Substantive Law
A substantive law is one that prohibits certain action or requires affirmative conduct.
Examples of Substantive Law
a. Drug Enforcement Laws in Chapter 5;
b. Immigration Laws in Chapter 6;
c. Fisheries Enforcement Laws in Chapter 7;
d. Protected Areas and Species Laws in Chapter 8;
e. Environmental/Pollution Laws in Chapter 9;
f. Ports, Waterways, and Coastal Security (PWCS) Laws in Chapter 10 and Appendix O;
g. Vessel Safety Laws in Chapter 11; and
h. General Criminal Laws in Chapter 12.
Four Types of Vessel Nationality
United States,
Foreign,
Without Nationality,
Assimilated Without Nationality
(Jurisdictional Zone) Baseline to 200NM
EEZ (Exclusive Economic Zone)
Enforcement of US fisheries, oil, drilling, resources.
(Jurisdictional Zone) All waters Seaward of the Territorial Sea, including EEZ, High Seas, and Continguous Zone. 12NM to Foreign TTS
International Waters
(Jurisdictional Zone) 12NM from BASELINE
US Territorial Seas (TTS)
(Jurisdictional Zone) Inland/Internal Waters to 12NM
US Custom’s Waters
(Jurisdictional Zone) 12NM to 24NM
Contiguous Zone
