Controlled Substances in International Waters

[BradMM]

Of course, you need to leave from some jurisdiction's shore but I was wondering if there are laws pertaining to drugs, etc., once in international waters?

I know, strange question but I was wondering what a Captain's responsibility is. I have no interest in using or bringing that kind of stuff out to sea but I was wondering how to deal with it if another diver is discovered to be carrying.

Brad

 

[divad]

. I have no interest in using or bringing that kind of stuff out to sea but I was wondering how to deal with it if another diver is discovered to be carrying.Brad

Mind your own business?

 

[Bob DBF]

USCG: D11 Drug Law Enfrocement

Coast Guard units engaged in counter-drug missions within the Eleventh District (D11) are involved in the enforcement of two key drug laws: simple possession (21 USC 844) and possession with the intent to distribute or manufacture(46 USC App. 1903). Simple possession involves the illegal possession of personal use quantities whereas possession with the intent to distribute or manufacture is typically enforced on drug smugglers carrying amounts greater than personal use, normally in the multi-kilo or multi-ton range.

The Eleventh Coast Guard District enforces federal drug laws on navigable waters in or near the states of California, Nevada, Arizona, and Utah, and exercises tactical oversight of maritime interdiction in the Eastern Pacific Ocean. This region includes international waters near Central and South America. The Eleventh Coast Guard District works closely with the Joint Interagency Task Forces (East and West) in order to conduct effective drug law enforcement interdiction efforts. Through this cooperation the Coast Guard is able to detect, monitor, interdict and apprehend drug smugglers before they and their illegal cargo reach U.S. soil.

My highlight.

The captain is responsible for operating his vessel within the law. I assume that there is some room for the Captain not knowing about drugs on his boat, but he is not going to have a good day.



Bob

 

[Wookie]

If the vessel is US flagged, the captain is assumed and responsible for knowing everything on his vessel. If I found you had brought an illegal controlled substance on my vessel, I would give you the opportunity to make it go away. If you made another choice, I would have the Coast Guard waiting for you when we returned to the dock. This is not a moral judgement, I don't care how high you get, but the Coast Guard is my regulatory agency. They say that carrying illegal controlled substances is illegal, and that my vessel is subject to seizure if I can't control what goes on on ot. I'm not too proud to ask for help from my regulatory agency if my passenger doesn't care enough about me to not get my vessel seized.

Edit: And it really has nothing to do with whose waters you are in, but what flag state the vessel is registered in. Some flag states are much more lenient regarding controlled substances than others. The US happens to have a large stick in their butts about it.

 

[BradMM]

Thanks for the replies! If I were working as a "dive leader," might I have some responsibility or just the Captain? I'm deficient in knowledge about vessels and seamanship and will work to improve that.

 

[Wookie]

Thanks for the replies! If I were working as a "dive leader," might I have some responsibility or just the Captain? I'm deficient in knowledge about vessels and seamanship and will work to improve that.

The Captain is the guy who has it all on the line. If you are working for the Captain as an unlicensed mariner (boat DM, say) you really don't have a whole lot of skin in the game, unless you want to keep your ride. If you are a shop DM, you are free and clear.

Let me give you a ferinstance. You are the boat DM, and the captain is in the water spearing a ARS while you and the guests are relaxing on an SI. The guest rolls up a fattie and offers you a hit before the next dive. You decline, in the nicest way possible, and he says "You're going to be cool about this, aren't you?"

The chances of y'all getting caught approach infinitesimal, unless ARS is out of season and the TPWD fish cops are on patrol. BUT - the captain is relying on you to keep his boat and customers safe while he is off the boat. The Captain is relying on you to not get his damn boat seized, too. If you choose not to narc the client off (it's hard on the tips) at least let the skipper know so he can put the client on the "boat's full" list.

 

[BradMM]

Perfect, thanks, Wookie!

 

[Neilwood]

Thanks for the replies! If I were working as a "dive leader," might I have some responsibility or just the Captain? I'm deficient in knowledge about vessels and seamanship and will work to improve that.

Please note I am not a lawyer but as far as I know with regards to maritime law, the captain is effectively the law on board his ship.

If you are working on behalf of the captain, then I am quite sure you have responsibility to report anything like that to him.

If you or your company have rented/leased the boat and crew, I would say you have responsibility to report it to the leader of your organisation (who I think) will be responsible for reporting it to the captain.

If you report it (preferably with a witness to back you up later should you need it) and he chooses to do nothing, you can sleep soundly knowing if anything does go wrong, you are probably covered legally.

Don't report it and it comes out that you have knowledge of it and you could end up personally liable.

As I say I am not a lawyer so my legal advice is worth exactly what you paid for it.

 

[MXGratefulDiver]

Mind your own business?

If it's your boat, it is your business. If drugs are found on your boat, the vessel can be seized, regardless of who brought them on board ...

... Bob (Grateful Diver)

 

[Neilwood]

If it's your boat, it is your business. If drugs are found on your boat, the vessel can be seized, regardless of who brought them on board ...

... Bob (Grateful Diver)

And potentially further action being taken depending on the quantities involved.

BradMM given that you are asking as a dive leader and the person in question is another diver, would you not be concerned about the person diving while adversely affected by drugs?