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Ask a Maritime Attorney: What is the Coast Guard Auxiliary’s role?

Question:             Last month I was underway for a family outing on my boat, and I was stopped and boarded by the Coast Guard Auxiliary for a vessel safety check. The men who conducted the inspection were very professional and they wore uniforms that appeared to be the same as those...
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4 Responses

  1. The reply gives a good explanation of the CG Auxiliary, however, the role of the CGAUX in “boarding” and “inspecting” recreational vessels is somewhat more nuanced. While it is true that the CGAUX may assist the CG in any of it’s roles and missions, the CGAUX has no independent law enforcement authority. The CG’s law enforcement authority- and thus it’s authority to stop and inspect recreational vessels- is limited to active duty CG officers and petty officers (see 14 USC 522 as the primary CG law enforcement authority). The extension of CGAUX’s roles as cited by the author (33 CFR 5.31) has not included any direct law enforcement authority. It is highly likely that such an extension would not be legally sustainable. However, the CGAUX may assist active duty CG operations by (1) providing a platform (i.e. vessel) for a CG officer/petty officer to operate from or (2) assist in the manning of a CG vessel engaged in law enforcement operations. A CGAUX patrol vessel that does not have an active duty CG boarding officer onboard may not order another vessel to stop and submit to any inspection. The CGAUX does provide COURTESY safety inspections with the consent of a vessel operator. That may be what the original question referred to. In such a case one is free to accept the inspection or refuse (so long as it is solely the CGAUX who is asking and not the CG!). A good explanation of the CGAUX’s roles, missions and authorities (and limitations) can be found here: https://cgaux.org

  2. We cannot board a boat without permission. I am an Auxiliarist for the Coast Guard Auxiliary. We support the Gold (regular) side in as the article mentioned. It also includes Public Affairs, radio operator, public visitation which is to help stock up or give information about Federal boating as well as state regulations as well.

  3. I think the other two commenters did well to explain the situation, but I wanted to simply those explanations a bit. In simplest terms, the Auxiliary has NO law enforcement authority, to include underway safety inspections. However, they do provide boats to regular Coast Guard personnel to perform their tasks.

    It is very likely that the boarding was done by a Coast Guard boarding team member, and not the Auxiliary, and despite the boat used, a Coast Guard ensign would be flown on it to denote it being used under Coast Guard authority.

    Please check your boarding form to see who performed the inspection.

    If it is an Auxiliary form, you may report this as an infraction to the local Coast Guard sector and they will investigate.

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