State marine patrol officers have significant authority at the scene of a boat accident and may also use this authority to regulate the behavior of boaters. The jurisdiction of the United States Coast Guard extends across all U.S. vessels anywhere in the world, including within state waters.
Marine patrol officers are law enforcement officers of the United States, and possess all of the necessary policy powers available to other law enforcement officials such as state highway patrols. Some examples of power that marine patrol officers have include:
State Marine patrol officers can enforce both federal and state laws and can issue citations or make arrests when any of those laws are violated. Federal maritime law violations may be tried in either federal or state court, although due to exclusive jurisdiction rules, a limited array of cases must be tried in federal court only.
The United States Coast guard is entrusted with enforcing rules related to maritime safety, security and stewardship. Members of the Coast Guard may respond to boat accidents, conduct search and rescue missions, and otherwise participate in maritime law enforcement efforts. They also assist with homeland security missions and work to keep the waterways safe.
While the U.S. Coast Guard is a branch of the U.S. military, Coast Guard members are also vested with the authority to act in a law enforcement capacity. They may execute arrest warrants, make warrantless arrests and enforce all federal maritime and admiralty laws.
The U.S. Coast Guard also operates the National Response Center, which is the agency that responds to accidents involving the discharge of chemicals, oil, radiological or biological matter into the waterways.
Any boat accident must be reported to the Coast Guard if the accident resulted in a death, if someone was injured in the accident and needed more than basic first aid, if someone disappeared from the vessel during or after an accident, or if more than $2,000 of damage occurred to a vessel involved in the accident. Your state law also may require that you report such accidents to your local marine patrol officers, but reporting to local law enforcement does not absolve you of your obligation to report accidents to the Coast Guard.
For further advice on how to respond after a boat accident and for information about your obligations, contact an experienced maritime attorney in your area.