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  1. #1
    Join Date
    Apr 2010
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    jamestown, ky
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    Re: Operation Dry Water - Law Enforcement

    Quote Originally Posted by artcarney_agr View Post
    I was on one that was a 48 ft Sea Ray.
    Officer Authority, Compliance & Assistance[COLOR=black][/COLOR]
    Officers of the Kentucky Department of Fish& Wildlife Resources have the authority to stop and/or inspect vessels to enforce Kentucky and federal boating laws. Additionally, the United States Coast Guard has enforcement authority on federally controlled waters.
    Officers of the Kentucky Fish & Wildlife Resources have the authority to stop and/or inspect vessels!
    Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official. When operating in an area of law enforcement activity, you must reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.

  2. #2
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    Re: Operation Dry Water - Law Enforcement

    note the "kentucky and FEDERAL " statement

  3. #3
    Join Date
    Dec 1969
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    Benton, KY
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    Re: Operation Dry Water - Law Enforcement

    Quote Originally Posted by stripernut View Post
    Officer Authority, Compliance & Assistance[COLOR=black][/COLOR]
    Officers of the Kentucky Department of Fish& Wildlife Resources have the authority to stop and/or inspect vessels to enforce Kentucky and federal boating laws. Additionally, the United States Coast Guard has enforcement authority on federally controlled waters.
    Officers of the Kentucky Fish & Wildlife Resources have the authority to stop and/or inspect vessels!
    Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official. When operating in an area of law enforcement activity, you must reduce speed and give a wide berth until beyond the area of operation of the law enforcement vessel.
    The boat owner one time had a state officer get on the boat after he clearly warned him about his registration and that the Coast Guard was the only one who could board without reason. As the officer boarded, the boat owner took pictures; the officer got really upset and nervous about the situation at that point. The officer backed down, abandoned his check, but did manage to write out a littering charge to one of the guys on board - he tossed a cigarette butt in the water without thinking while it was all going on.

    The boat owner explained to me that in such a situation, the KDFWR can make the vessel stop, but cannot board. They can hold the vessel until the Coast Guard shows up, but that's about the limits of their authority with such a registered vessel.

  4. #4
    Ky Trophy Fish Guest

    Re: Operation Dry Water - Law Enforcement

    Quote Originally Posted by artcarney_agr View Post
    The boat owner one time had a state officer get on the boat after he clearly warned him about his registration and that the Coast Guard was the only one who could board without reason. As the officer boarded, the boat owner took pictures; the officer got really upset and nervous about the situation at that point. The officer backed down, abandoned his check, but did manage to write out a littering charge to one of the guys on board - he tossed a cigarette butt in the water without thinking while it was all going on.

    The boat owner explained to me that in such a situation, the KDFWR can make the vessel stop, but cannot board. They can hold the vessel until the Coast Guard shows up, but that's about the limits of their authority with such a registered vessel.

    [COLOR=#003366]IS A DOCUMENTED VESSEL EXEMPT FROM STATE JURISDICTION?[/COLOR]

    No, all documented vessels must comply with the laws of the state in which they are operated. The vessel's document must be shown to state law enforcement personnel upon their demand. States may require documented vessels to be registered (but not numbered) and to display state decals showing that they have complied with state requirements.


    http://www.uscg.mil/hq/cg5/nvdc/nvdcfaq.asp#22

    Read the part about subject to state laws.
    Last edited by Ky Trophy Fish; 06-19-2011 at 12:07 PM.

  5. #5
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    Re: Operation Dry Water - Law Enforcement

    Quote Originally Posted by Ky Trophy Fish View Post
    [COLOR=#003366]IS A DOCUMENTED VESSEL EXEMPT FROM STATE JURISDICTION?[/COLOR]

    No, all documented vessels must comply with the laws of the state in which they are operated. The vessel's document must be shown to state law enforcement personnel upon their demand. States may require documented vessels to be registered (but not numbered) and to display state decals showing that they have complied with state requirements.


    http://www.uscg.mil/hq/cg5/nvdc/nvdcfaq.asp#22

    Read the part about subject to state laws.
    You are correct, but it's not an issue of following state laws - it's an issue of them boarding the boat. If KDFWR witnesses a violation, then they can by all means write a citation, but they may not board the boat for random inspections.

    Show me the part where it discusses boarding the boat....

  6. #6
    Join Date
    Jan 2007
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    Re: Operation Dry Water - Law Enforcement

    [
    Show me the part where it discusses boarding the boat....[/QUOTE]

    By the above, do you mean "show me where it says they can board the boat"?

    Can you point out the statute or regulation that says they cannot?

    I just took a cursory look at the link containing general information, I did not look at the entire "Documented Vessel" body of law. Maybe you have looked at it more carefully Can you point out the provision that prohibits state officials from boarding? I'm just curious, but I find it hard to believe State Law enforcement could be prohibited from boarding a vessel in its jurisdiction.

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