Legal Aspects and USCG Policy Flashcards
State an understanding of the statutory authority for the SAR program
The statutory authority for the U. S. Coast Guard to conduct SAR missions is contained in Title 14, Sections 2, 88, and 141 of the U.S. Code. The code states that the Coast Guard shall develop, establish, maintain and operate SAR facilities and may render aid to distressed persons and protect and save property on and under the high seas and waters subject to the jurisdiction of the United States. It also states that the Coast Guard may use its resources to assist other Federal and State entities.
State an understanding of SAR agreements
State the response policy for distress beacons
State the response policy for flare incidents
State the definition of a false alarm
A case where the subject reported to be in distress is confirmed not to be in distress and not to be in need of assistance. In a false alert case, the reporting source either misjudged a situation or inadvertently activated a distress signal or beacon resulting in an erroneous request for help, but did not deliberately act to deceive.
State the definition of a hoax
A case where information is conveyed with the intent to deceive
State an understanding of the policy for closing hoax and false alarm cases
When the source of a hoax or false alert has been confirmed, SMC or the SC should close the case. However, when the source of a suspected false alert or hoax remains unknown, the case cannot be closed, but only suspended.
Either the SC or SMC (with concurrence from the SC) may do this. In the event Coast Guard resources responded to a suspected hoax at the request of another agency, Coast Guard active involvement should only be withdrawn or reduced when the SC so directs.
State an understanding of the CG maritime SAR assistance policy
The MSAP is the result of an effort enacted by Congress in 1982. It directed the Commandant to “review Coast Guard policies and procedures for towing and salvage of disabled vessels in order to further minimize the possibility of Coast Guard competition or interference with…commercial enterprise.” The review was directed because of congressional concern that Coast Guard resources were being used unnecessarily to provide non-emergency assistance to disabled vessels that could be adequately performed by the private sector.
The MSAP represents more than a decade of development of relationships among the Coast Guard, Congress, the commercial towing industry, and the Coast Guard Auxiliary. Each iterative revision of the MSAP has received close scrutiny. It has been a give-and-take process culminating in a policy that is equitable to all stakeholders.
State an understanding of the CG firefighting policy
Independent firefighting. Coast Guard personnel shall not engage in independent firefighting operations, except to save a life or in the early stages of a fire to avert a significant threat without undue risk.
(b) Commercial vessels and waterfront facilities. Coast Guard personnel shall not actively engage in firefighting except in support of a regular firefighting agency under the supervision of a qualified fire officer
I n developing a Coast Guard unit’s assistance posture, the following needs to be considered:
(a) threat level of fire;
(b) the jurisdictions involved;
(c) the capabilities of local fire departments; (d) the availability of Coast Guard equipment; (e) level of Coast Guard training
Traditionally, the Coast Guard has provided firefighting equipment and training to protect its vessels and property. Occasionally, the Coast Guard is called upon to provide assistance at major fires onboard other vessels and waterfront facilities. Although the Coast Guard clearly has an interest in fighting fires involving vessels or waterfront facilities, primary responsibility for maintaining necessary firefighting capabilities in U.S. ports and harbors lies with local authorities. The Coast Guard renders assistance as available, based on the level of personnel training and the adequacy of equipment. Coast Guard units do not normally have advanced firefighting capabilities.
State an understanding of General Salvage policy other than towing
When commercial salvors are on scene performing salvage, Coast Guard units may assist them within the unit’s capabilities, if the salvor requests. When no commercial salvage facilities are on scene, Coast Guard units should only engage in salvage other than towing when limited salvage operations (e.g., ungrounding, pumping, damage control measures, etc.) can prevent a worsening situation or complete loss of the vessel. Any salvage operations shall be performed at the discretion of the unit CO/OINC.
Occasionally an operator will insist that the Coast Guard take action, such as pulling a vessel from a reef, which Coast Guard personnel on scene consider unwise. The Coast Guard is under no obligation to agree to any such request or demand. If a decision to comply with such a request is made, it should be made clear that the operator is assuming the risk of the operation. The fact that the action is undertaken at operator’s request, and is against Coast Guard advice, should be logged.
This policy applies to small craft that need salvage other than towing. However, when no commercial salvage companies are available within a reasonable time or distance, the District commander may modify the policy to provide for refloating a grounded boat which is not in peril of further damage or loss if:
(a) the Coast Guard units are capable of rendering the assistance,
(b) the owner requests the assistance and agrees to the specific effort to be made, and (c) Coast Guard units and personnel are not unduly hazarded by the operation.
4. 3.2.2 Prudent actions include:
(a) Allowing the next tide to refloat the vessel,
(b) Helping the mariner set anchors,
(c) Evacuating the passengers,
(d) Helping the mariner determine the vessel’s seaworthiness.
state an understanding of the policy for persons trapped in capsized vessels
Procedures recommended for rescuing personnel trapped in a capsized vessel are:
(a) Keep in contact with the person(s);
(b) Stabilize the hull;
(c) Estimate the volume of air remaining;
(d) Surface swimmers may attempt to direct trapped persons out but shall not dive under the vessel;
(e) Inject clean air if possible;
(f) Only if no rescue is possible, may you consider re-righting the vessel. Refer to Reference (g).
Surface swimmers from station boats are normally deployed only to assist in man-overboard situations. They shall not enter capsized hulls. Reference (g) states: “. . . the coxswain will designate one of the crew as a swimmer . . .a swimmer should be used only when absolutely necessary because when a crewmember goes over the side to assist, it means an additional person has to be picked up from the water. Another crewmember must tend the line attached to the swimming harness at all times . . .”
Persons trapped under capsized vessels or in compartments (among others, this includes vessels, aircraft, and automobiles) pose extreme safety risks to both the victim and the SAR responders. Coast Guard resources for rescue in these cases are severely limited. Immediate Coast Guard SAR response resources may include SRUs that have rescue or surface swimmers. Rescue of persons trapped below the surface of the water must fully consider proper risk assessment and management. The situation could easily be of such extreme risk that it is imprudent to risk the lives of Coast Guard personnel even when the lives of others are in peril. The District Commander shall ensure guidance is in place so that experienced supervisors–not the SRU crew–decide how to proceed with rescue attempts.
State and understanding of the district SAR policy on the above topics
State the duties and responsibilities of the OOD
State the jurisdiction of non-federal LE agencies on board the station
State the definition of datum
I n SAR, refers to the probable location of a distressed vessel, downed aircraft, or PIW, which is corrected for drift at any moment in time. Depending on the information received this may be represented as a point, a line or an area.
