Operation Dry Water - Law Enforcement

[rickhise]

Thanks for posting the topic, its always great to hear when some added attention is being applied.
Maybe 911 cell phone call as the lakes become more an more cell phone friendly will help us all out. I encourage everyone not to forget this tool.
Maybe we get a run around maybe we get a no service response, maybe we save a life

[lilmule]

Well anyone who drinks in public is creating an offence,driving under the influence another,boat inspections can be done and are all the time without boarding.
Same with breathalizer tests any refusal same as a car issue a ticket take it to the dock then tow.Boarding is maritime law dating back to americans being pressed into english service,thus the second war with them,both of which we won.
If you really want checked take your 12 ft john boat next to a bridge piling and anchor then toss out a line or jug,nowdays they suspect you of being a terrorist.
Only something like a felony in progress would enable an officer to board,then he best be able to prove it.
As for a littering ticket for a cigarette pays to be nice answer all questions nicely,and hope he hasnt had a bad day.Worse would be a TVA cop.
And while fishing a T have had them check me,showed them what they wanted held my tongue and went on to have a nice day.They often do not check T boats as most T orgs do that prior to blastoff or you dont fish,and carry a couple beers in the boat its a dq,even if not opened.
You as a recreational boater arnt required to hook that kill switch up,or for that matter had anyone check the hp ratings or recommended ratings,T are recommended generally meaning less hp.
So if your in a 17 ft boat sporting a 300 hp blown motor popping boat wheelies ,taping it for youtube,and dropping a couple of beers,with no kill sw hooked up,no throwable or fire ext,horn,etc your being picked on.
The law is there for a reason.
Just my noisy 2 cents

[Bass Jr. Executive]

Well anyone who drinks in public is creating an offence,driving under the influence another,boat inspections can be done and are all the time without boarding.
Same with breathalizer tests any refusal same as a car issue a ticket take it to the dock then tow.Boarding is maritime law dating back to americans being pressed into english service,thus the second war with them,both of which we won.
If you really want checked take your 12 ft john boat next to a bridge piling and anchor then toss out a line or jug,nowdays they suspect you of being a terrorist.
Only something like a felony in progress would enable an officer to board,then he best be able to prove it.
As for a littering ticket for a cigarette pays to be nice answer all questions nicely,and hope he hasnt had a bad day.Worse would be a TVA cop.
And while fishing a T have had them check me,showed them what they wanted held my tongue and went on to have a nice day.They often do not check T boats as most T orgs do that prior to blastoff or you dont fish,and carry a couple beers in the boat its a dq,even if not opened.
You as a recreational boater arnt required to hook that kill switch up,or for that matter had anyone check the hp ratings or recommended ratings,T are recommended generally meaning less hp.
So if your in a 17 ft boat sporting a 300 hp blown motor popping boat wheelies ,taping it for youtube,and dropping a couple of beers,with no kill sw hooked up,no throwable or fire ext,horn,etc your being picked on.
The law is there for a reason.
Just my noisy 2 cents

My point to Art is that his buddy may or may not have been right. Depends on under what pretense the officer boarded. State wildlife officials in KY may board any vessel upon its waters for "inspections". Regardless of whether the boat has a "federal registration" identification number. By virtue of the fourth amendment's protection against illegal searches and seizures, the officer may not board for other reasons unless there is probable cause to believe there is a crime occuring on the vessel.

If the state officer wanted to board Art's buddy's boat for a boating inspection, he could legally do so. He could also board if he saw Art attempting to hide a bong as the officer approached, probable cause then exists that a crime is underway.

On the other hand, my understanding is that the Coast Guard may board any vessel on waterways within its jurisdiction for any reason with or without probable cause.

[artcarney_agr]

Some more BS!!! Why should a tourny fishermen get a glance and I an inspection? I have my jacket on. I'm fishing artificials. I'm casting or trolling, obe4ying all visible laws and that warrants scrutiny?That reasoning art is flawed.

They are more likely to pull someone over in a bass boat that's riding along without a lifejacket on than someone who is wearing one. Most tournament rules require you to wear a PFD anytime the big motor is running. I feel like they know this and normally let the guys wearing PFDs go on. I certainly would not want to be flagged down on the way to weigh-in for a random check and be late...

Now if you are fishing, then they really have no idea at that point.

[Marine Assist]

Sorry folks, but the KDFWR is THE law enforcement body on the KY waterways. In the case of Lake Cumberland, the KDFWR has the jusrisdiction to carry out Federal law enforcement. This is handed to them by the Coast Guard every year and the KDFWR does recieve ~1.4 mil in Federal grant money to act in the Coast Guard's absence here on the lake for law enforcement, education and safety.

The KDFWR officers have every right, the same as the Coast Guard does, to board A N Y vessel on the water at A N Y time for the purpose of inspection. They can write State and Federal citations, depending on the severity of the issues found. It makes no difference whatsoever if the boat is registered in a state or if it is Federally documented. The only real reason to even document a boat is because the ownership record and any ship's mortgage is considered more secure than a state title or UCC filing. The documented vessel is still subject to KY property tax every year, but does not have to bear a KY state registration number or decal according to KY law.

The Coast Guard visits Lake Cumberland at least one week per year, sometimes more, per their guidelines for their AOR of a Federal waterway. The group from Sector Ohio Valley, Louisville Sector was here 2 weeks ago for one of their yearly visits. They will be here again in July sometime to do inspections on all of my towboats. I have not heard the date yet.

FYI, if you are a licensed Captain, you are "over the limit" at .04 BAC. The average Joe boat operator is over at .08 BAC.

[Tom523]

Sorry folks, but the KDFWR is THE law enforcement body on the KY waterways. In the case of Lake Cumberland, the KDFWR has the jusrisdiction to carry out Federal law enforcement. This is handed to them by the Coast Guard every year and the KDFWR does recieve ~1.4 mil in Federal grant money to act in the Coast Guard's absence here on the lake for law enforcement, education and safety.

The KDFWR officers have every right, the same as the Coast Guard does, to board A N Y vessel on the water at A N Y time for the purpose of inspection. They can write State and Federal citations, depending on the severity of the issues found. It makes no difference whatsoever if the boat is registered in a state or if it is Federally documented. The only real reason to even document a boat is because the ownership record and any ship's mortgage is considered more secure than a state title or UCC filing. The documented vessel is still subject to KY property tax every year, but does not have to bear a KY state registration number or decal according to KY law.

The Coast Guard visits Lake Cumberland at least one week per year, sometimes more, per their guidelines for their AOR of a Federal waterway. The group from Sector Ohio Valley, Louisville Sector was here 2 weeks ago for one of their yearly visits. They will be here again in July sometime to do inspections on all of my towboats. I have not heard the date yet.

FYI, if you are a licensed Captain, you are "over the limit" at .04 BAC. The average Joe boat operator is over at .08 BAC.

The BAC limit don't matter. You could be sober for the last 5 years and if they want to arrest you and put you in jail they will no matter what your BAC is. You will spend a night in jail, lose a day of work to go to court, and if you hire an attorney, that will cost. Then the judge will see that your BAC is 0.0 and downgrade the charge to disorderly conduct and fine you $116.00 plus court costs. You can fight it further but it will just cost you more. You're guilty until proven innocent. Guilty of something!

[Drew07]

Im just gonna do as I please in a safe responsible manner and everything should be A ok! Just like everyone else should!

[first2fish]

Drunk or not--most major lakes are in dry counties. They can lock u up for just having it or at least issue a ticket. And the lakes in wet counties you are allowed to have it aboard but i would say if they see alcohol in the boat you will be tested.

[Duayne]

There is no law against having it. It's against the law only to SELL it in dry counties.

[Lowerider]

Thanks for clearing that up Marine Assist. Funny how false information is routinely spread across the net...

[Tim_T]

Drunk or not--most major lakes are in dry counties. They can lock u up for just having it or at least issue a ticket. And the lakes in wet counties you are allowed to have it aboard but i would say if they see alcohol in the boat you will be tested.

It is perfectly legal to posses alcohol in a dry county, it is just illegal to sell it there. Heck Taylorsville went wet because they saw how much money they were losing to Bullitt and Jefferson counties.

[artcarney_agr]

I think the main issue about Opertaion Drywater is that the operator is sober.

As with any time out drinking, always designate a driver.