I wonder if they will actually pursue the operator for failing to obey a Captain of the Port order. And if so, just a "fix it" ticket (haha).
September 25, 2007 Public Affairs (212) 668-7114 Press Release
COAST GUARD RESCUES CREW OF HOME MADE VESSEL
NEW YORK--The Coast Guard rescued two people from their home made boat after it lost power and began taking on water one mile east of Sandy Hook, N.J., at approximately 3:30 p.m. today.
In a distress call placed over marine band radio, Colin Cote, of Waterbury, VT., reported his vessel, The Inconvenient Truth, lost power and was taking on water in one to two foot seas. In an effort to stabilize the vessel, Cote dropped anchor approximately 200 yards from shore.
A 41-foot rescue boat crew from Coast Guard Station Sandy Hook arrived on scene shortly after to assess the situation.
“The vessel was not seaworthy,” said Coast Guard Petty Officer 3rd Class Clay Wilbanks, coxswain of the Coast Guard rescue boat. “It was held together with plywood and resin and was taking on water in the one to two foot chop.”
The vessel was first placed in a stern tow; however the D-ring attached to the vessel broke free. The crew placed the boat in a side tow in an effort to bring it toward the beach.
“After the ring broke free there were no more fixtures to tow the vessel,” said Wilbanks. “We placed the vessel in a side tow but it was getting battered pretty badly and breaking apart."
The Inconvenient Truth broke into pieces 50 yards from the Sandy Hook Park beach around 6 p.m. The Sandy Hook park police are surveying the beach for the remains of the vessel. No pollution was reported.
The crew of The Inconvenient Truth were attempting to sail from Staten Island, N.Y., to Florida via the Intracoastal Waterway, a 3,000 mile waterway used by recreational and commercial vessels that spans the length of the Eastern Seaboard.
Both passengers were wearing life jackets, there are no reports of injuries.
The vessel has a previous Captain of the Port Order not to sail due to lack of navigational lights.
The Coast Guard would like to remind boaters to have their vessels inspected before any journey. Free safety inspections and equipment checks can be obtained from the Coast Guard Auxiliary and the U.S. Power Squadron.
really? Even MORE interesting. I wonder if that marine inspector will be looked at? Im sure there are more facts and details we dont know about though.
Kinda hard to accept that the CG said they were clear to get u/w, only to have the o/s BM3 later say:
“The vessel was not seaworthy,” “It was held together with plywood and resin and was taking on water in the one to two foot chop.”
This message has been edited. Last edited by: Jason_Greene,
speaking of the o/s BM3, id like to say whats up to him cuase i went through A-School and Coxn C with him, so if your out there willbanks, whats goin on buddy? hows sandy hook treatin ya? i woulda taken them on board and let the boat sink but thats just cuase of the name... take it easy bro
Sounds like a typical liberal sailing vessel from the North East. I would have let it sink as well. If for nothing else, because it was an inconvenience to the CG. It says that it was going to FL. But it sounds like it was one of the escape pods going from Cuba to FL. Maybe they should have shipped it to Castro for his R&D division. Maybe they should have floated a '59 Chevy truck from NY to FL.
“The vessel was not seaworthy,” “It was held together with plywood and resin and was taking on water in the one to two foot chop.”
That in itself is just a funny statement. Someone please tell me again how a fiberglass hull boat is made? Last time I saw it on a cable show, the process was a plywood base, covered with successive coats of fiberglass cloth and resin!
The boat was left to be sank. I was on duty when this happened, clay ( after discussing options w/ ood and o/o. ) took the 2 people off the boat, gathered as much of there possesions as possible, and left the boat to drift onto the beach. It later washed up on shore. When he tried to tow it origionally the only part of the boat that could be used to tow was a eye bolt on the front, which ripped clean off two minutes into the tow. the o/o agreed to leave it for salvage...
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Now, I haven't put a lot of research time in ... but this makes for some interesting arguing amongst semi-inebriated Coasties. First, two legal concepts, (1) statutory authority to investigate, (2) statutory authority to arrest.
I've said before, as a legal point of order, that the juniormost Coastie petty officer ASSIGNED TO COTP has more arrest authority than the seniormost special agent of the FBI, or any federal agency. (Don't really know if it's true, but it SOUNDS good, especially at the bar).
This is not to be confused with authority to investigate ... obviously we don't investigate things like the Mann Act (hookers crossing state lines), etc.
But, like most Federal authorities, we retain authority to apprehend for felonies committed in our presence.
BUT ... what separates the COTP petty officer, who maintains CG authority, also has the heinous, almight power of ... THE CAPTAIN OF THE PORT ORDER!! Yes, particularly the verbal COTP order, the power of the COTP is delegate to him by virtue of his assignment. The almost-universal enforcement tool can be broad-brush applied, and packs a powerful penalty to promote the COTP's bidding. And ignoring the COTP order subjects one to the Cuff'n'Stuff by skinny, pimply-faced baby MST's with pasty cubicle tans ... highly embarrassing.
So break out your Federal Titles and codifications ... am I right? Is the rightful petty officer of the COTP corps really more powerful than Elliott Ness?
Originally posted by SociallyAutistic: Now, I haven't put a lot of research time in ... but this makes for some interesting arguing amongst semi-inebriated Coasties. First, two legal concepts, (1) statutory authority to investigate, (2) statutory authority to arrest.
I've said before, as a legal point of order, that the juniormost Coastie petty officer ASSIGNED TO COTP has more arrest authority than the seniormost special agent of the FBI, or any federal agency. (Don't really know if it's true, but it SOUNDS good, especially at the bar).
This is not to be confused with authority to investigate ... obviously we don't investigate things like the Mann Act (hookers crossing state lines), etc.
But, like most Federal authorities, we retain authority to apprehend for felonies committed in our presence.
BUT ... what separates the COTP petty officer, who maintains CG authority, also has the heinous, almight power of ... THE CAPTAIN OF THE PORT ORDER!! Yes, particularly the verbal COTP order, the power of the COTP is delegate to him by virtue of his assignment. The almost-universal enforcement tool can be broad-brush applied, and packs a powerful penalty to promote the COTP's bidding. And ignoring the COTP order subjects one to the Cuff'n'Stuff by skinny, pimply-faced baby MST's with pasty cubicle tans ... highly embarrassing.
So break out your Federal Titles and codifications ... am I right? Is the rightful petty officer of the COTP corps really more powerful than Elliott Ness?
Umm....
1. The COTP's power is not absolute. It's carefully limited between what the Magnuson Act and other authorities (regulations located at 33 CFR 6 et al.) permit. 2. The petty officer can't wield the COTP's power. COTP orders must be approved by the COTP. 3. What's a "legal point of order"?
1. Yes, I capitulate that the COTP originates with the "old man", although my experiences have always been something to the effect of calling circumstances in to the port ops boss or CDO or other senior person, who in turn directed me to issue verbal orders, if not written ones, when available.
2. "Legal Points Of Order" are pronouncements and pontifications brought up at the bar to insist that our respective legal opinions are correct. The more beer consumed, the higher the point of order. I am sure I have argued Supreme Court decisions with equanimous, if inebriated, authority.
