What is Coast Guard Duty?

[thataway]

Here is an article liknked to in Soundings Trade edition:
http://www.insurancejournal.com/news/southeast/2013/11/22/312040.htm

A summary of the article is that a couple were thrown overboard from their 20 foot launch on the evening of July 4 2007. A relative reported them missing at about midnight. The Coast Guard did not launch a search because crews were busy on other rescue calls. The beached boat was found about the time the CG began search efforts the next morning. The wife washed ashore after clinging to crab pots about the same time. The husband's body washed ashore two days later. Neither were wearing life jackets.

"The court ruled that federal law authorizes but does not impose a duty for the Coast Guard to launch rescue efforts."


There is one comment:

"Philip Michael says:
LIKE OR DISLIKE:
0 0
What’s interesting about this case — and about the federal court of appeals decision – is that apparently nothing is mentioned about the duties that commanders and other officers in charge of CG vessels may have had . . .

Under the International Law of the High Seas, adopted and incorporated into U.S. admiralty law in about 1920, vessel owners have no duty to rescue “strangers” (i.e. non-crew members) on the high seas. However, the master of a vessel does have such a duty (which allows vicarious liability back to the vessel owner).

It would be interesting to see whether the court drew this distinction . . . perhaps the private litigants sued the wrong parties . . ."

Many lessons here.

 

[srbaum]

One thing that is not mentioned is what was the CG in that area doing during this period of time. They may have had all rescue vessel's and personnel resources on another active critical case.
Without this information, it would be difficult to second guess the CG Sector Command Center's decision.
I got caught up in situations like this several times when I did rescue work in the CG, back in the 70's. It usually happened when weather conditions deteriorated and there was more rescues to perform than there were available assets.

 

[thataway]

I suspect that there are two clues here. One is the 4th of july. The second is that there apparently was an unexpected change in weather. On the other hand, generally my observation is that on event weekends there are usually a full compliment during the event. There has been a full compliment during the day during the 4th, because of the traffic on the water. So is there a "second" shift ready for midnight to 8 AM S A R? Or do you allocate assets to decrease assists on already on-going search, ie where you had 3 boats on one call, reduce this to two, and put one on the new call? We don't have any idea what assets were available--an this was a court of appeals, so there may be a lot of testimony at the primary ruling.

Another issue, is what other assets, such as a sheriff's water rescue unit, Or the marine patrols. private SAR (for example we have a volunteer SAR unit in our county who is called out for just this type of search--they have 3 boats and a number of volunteers). Did the CG relay need for help to another agency?

I did find the court ruling and here is some of the CG information. The 911 op ref the call to Fish and Wildlife, who referred to CG:

"USCG decided that, due to the number of potential locations and the current deployment of search assets on a confirmed emergency mission (a missing jet ski), the USCG would not initiate an active search for the Turners’ overdue boat at that time. Instead, the duty officer informed Roger Sr. that the USCG would begin making radio calls and would inquire with local marinas later that morning.
NC Wildlife contacted the USCG in regards to Roger Sr.’s call. The USCG told NC Wildlife that it would request assistance from NC Wildlife if necessary, but that due to the size of the area in which the Turners might be located and the nature of the call (an overdue boat manned by two experienced boaters and swimmers), the USCG did not intend to initiate a search and rescue operation at that time.
At approximately 1:00 a.m., a USCG helicopter that had been searching for the overdue jet ski left that operation to return to Elizabeth City to refuel, traveling on a flight path that led up the Pasquotank River. The USCG ordered that helicopter, as it traveled up the Pasquotank, to look for the Turners’ boat, an activity that did not require the helicopter to deviate from its flight path. The crew did not see the Turners’ boat while en route to Elizabeth City."

The USCG’s enabling statute, 14 U.S.C. § 88, authorizes the USCG to undertake rescue efforts, but does not impose any affirmative duty to commence such rescue operations.... But, “once the Coast Guard undertakes a rescue operation, it must act with reasonable care.

Ordinarily, the USCG enjoys sovereign immunity in its activities. The SIAA provides a limited waiver of sovereign immunity. ..., but we need not consider this issue because we find that the USCG did not violate the relevant standard of care in any action taken or decision made.
”

 

[AstoriaDave]

At the mouth of the Columbia River, the CG has numerous assets available, but responsible for a huge area. The crunch comes when intense weather crosses our area, drawing some of those resources out on a call. Secondary resources come as needed.

But, unless they know where to look, it is tough to justify launching a helo on a search. Likewise, an overdue vessel does not immediately initiate a search unless someone shoreside has specific knowledge of the missing vessel's float plan, and route.

A mayday call with coordinates will bring them on you very quickly. Unfortunately, we seem to get a crabber or a drag boat turn turtle every year with no chance for the guys to get off a mayday. Then all the CG has is the epirb, if it releases and transmits.

Things are much better nowadays than they were 10 to 20 years ago, when the popular Buoy 10 fishery, end of summer, would typically involve a couple fatalities, chiefly involving smaller, open boats. Some years more than that.

 

[thataway]

I see two issues here. One is the boater's responsibility. They were out on the 4th--gave 3 or 4 alternative plans--and followed thru on one of these. Maybe should have called their father and told him specifics. We don't know if alcohol was a factor. They set out in possible bad weather, and apparently it became worse. No life jackets on. No VHF radio or PLB on each person's person. (This is the reason, for even in "sheltered" waters these safety precautions need to be taken! One person overboard--no mayday sent. The father was not insistent on the Sheriff, Marine patrol or CG making a search immediately....

On the other hand, someone in CG made the decision that a missing PWC was more important than a missing (over due--where cell phones were not answered) 21 foot runabout. I guess if it were my "children" (the man who drowned was 41 and a volunteer fireman) where were missing, I would have been all over the various emergency services (and my friends with their boats) to start looking for these missing boaters. Reminds me a little of the Natalie Woods episode where search was delayed and other capable people were not asked to help.

 

[starcrafttom]

This is a matter of truths, and the truth is that you are the only one fully responsible for you at any time in your life. Plan on it and act accordingly.

 

[colobear]

In the CG auxiliary, when teaching boating safety classes we made a point to describe the "duty" of the average boater when coming upon a vessel in distress. What it boils down to is that a captain's (of the boatdriver type, not the CG licensed type) responsibility is very limited. You should attempt to help within the limits of your skill and Knowledge but ONLY if you can do so without putting your vessel or those on it at risk. So, bottom line don't put yourself your boat or your passengers at risk. As has been said the CG has limited resources and it is not too unusual, particularly in Canada, to hear a coast guard call asking if any boats are in the area of a vessel out of gas, people in the water, etc., are able to assist. Often you can be of great help just by getting a visual of the situation and being a good witness, able to give better situation descriptions than is all too often the norm.

 

[hardee]

Barry,

It is not just in Canada that we hear the request for assistance to "any boat in the vicinity". Have heard it many times. That is one of the reasons for having the "cursor position" show on my plotter. That allows me to figure out how far I am from the reported position.

Some of those calls make you wonder what in the world the originator was thinking, true, but they all need to be followed up on. Thanks to the CG for being out there for us, and like Tom says -- be able to take care of yourself.

You, are your own responsibility. :shock: 8)

Harvey
SleepyC :moon

 

[colbysmith]

My two cents from just reading here and not going to the referenced article. The Coast Guard does not automatically launch on every overdue report. Nor should they if they already have assets assigned to "active" SAR cases. Even if all assets were available, an overdue report alone wouldn't necessarily justify a launch.

 

[1TUBERIDER]

This is a matter of truths, and the truth is that you are the only one fully responsible for you at any time in your life. Plan on it and act accordingly.

Well said.

It not only applies to everything big or small like go or no go decisions it also applies to your personal protection. The police has no duty to save you either. So use common sense and take precautions. It is usually better to use brain before brawn.

CG limits rescue boats availability on weather conditions and distressed vessel size. The smaller vessels have lower limits as to sea state, wind conditions and size of vessel being served. Larger assets may already be deployed but there are fewer of them and they may take longer to get underway.

So sad it happens. Rescuers may be willing but they are often on a leash. Good samaritans need to remember they are responsible for their personal safety first. Which leaves you to fend for yourself.

Be Safe.

 

[tsturm]

This is a matter of truths, and the truth is that you are the only one fully responsible for you at any time in your life. Plan on it and act accordingly.

X2 :wink :thup

 

[thataway]

I was taught that the "law of the sea" was that if possible you should help those in distress. Some times that is "inconvenient", but it may save lives. In BC a number of times the lighthouses monitored VHF channel 16, and if there was no CG cutter or commercial vessels nearby, they would put out a call for any vessel to help. (not sure if this is still the case) We did respond on several occasions. We have also stood by vessels , where batteries were run down and we acted as communication links for the distressed vessel, until either commercial or CG assistance arrived. There are certainly limits what the C Dory can do, vs a much larger vessel.

The last 15 or so years I have been keeping track a the number of small vessels which were in relatively "protected" waters, where there was a capsize, person overboard, sinking or fire and the crew was in the water, without any method of contacting rescue authorities, where there was a fatal outcome. This can even been on lakes or rivers. Thus the plea to have the life jacket, the VHF radio, some signal device and PLB on one's person.--the total cost of these items is about $500, which is a small price to pay for a life. The problem is that many boats have these tucked in a ditch bag where it is not in the reach of the person who needs it. In this case there was a functioning VHF radio in the boat, cell phones, food and water, there were Flares and life jackets--none were used. We don't know if the man who drowned was thrown out of the boat, or what happened. The ignition was off, the lights and radio were on when the boat was found on the beach along the Perquimans River. The places they had mentioned going were some distance apart: Pasquotank River, the Perquimans River, or Mann’s Harbor, and the waves were already 3 to 4 feet when they left. The Albemarle Sound can be a rough area with the right winds and a 20 foot open boat is small, especially at night, when the seas are not easily read.