Authority And Jurisdiction Flashcards
Authority
The governments legal power to act.
What US CODE gives the cg its authority
14USC522
14USC522
The coast guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and water over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States.
Explain 522 to the average boater
It’s a law that gives the coast guard its authority to board vessels
Jurisdiction
The governments legal right to exercise authority over its persons, vessels, and territory.
What foreign vessels are subject to CG jurisdiction
Us flagged
Foreign vessel
Vessel assimilated with no nationality
Vessel with no nationality
Jurisdiction Triangle
Substantive law, vessel flag/status, location
What are the geographical limits of the CGs jurisdiction
From baseline to 3 nm and inland waters - state waters
Baseline 12 nm - territorial seas
Baseline to 24 nm - contiguous zone (only enforce fisc laws: fisheries immigration sanitation customs)
24 to 200 is the EEZ (economic exclusive zone) can still enforce fisheries and natural resources
Anything beyond 200nm to another countries territorial sea - is high seas
Anything beyond 12 nm is international waters
H. U. G. F. L. T. Smtj
- high seas
- US vessels in foreign waters
- the un enclosed portions of the Great Lakes
- federal reservations
- lands and waters not within the 50 states
- Territorial seas
Smtj special maritime territorial jurisdiction
Force majeure
Under international law, the right of protection of a vessel forced into coastal state waters by virtue of distress that normally exempts it from coastal states jurisdiction for a reason so period of time to fix the issue
Innocent Passage
Under international law, the right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea, provided the vessels passage is innocent
4 types of vessels
Recreation
Commercial
Government non commercial
Warship
