A Coast Guard boarding officer’s authority extends to the high seas and waters over which the U.S. has jurisdiction, including U.S. vessels anywhere and foreign vessels in U.S. waters. This authority, derived from Title 14 USC § 89, allows officers to stop and board vessels for safety, security, and the enforcement of U.S. laws, regardless of suspicion. Jurisdiction is based on three elements: the substantive law being enforced, the status or flag of the vessel, and its location. 

Authority and jurisdiction

• Statutory basis: The authority to board vessels comes from Title 14 USC § 89, which grants the Coast Guard the power to make inquiries, inspections, and arrests to prevent and detect violations of U.S. law.
• Jurisdiction:
  • Location: U.S. navigable waters, including coastal waters and international waters where the U.S. has jurisdiction. This also includes U.S. vessels anywhere in the world.
  • Vessel status: U.S. and foreign vessels in U.S. waters are subject to boarding. Foreign vessels are also subject to boarding in international waters if they consent or are suspected of specific illegal activities like piracy or slavery.
• Enforcement: Officers can enforce a wide range of laws including those related to maritime safety, environmental protection, immigration, fisheries, and general criminal laws.
• Suspicion: Unlike searches conducted by other law enforcement agencies, Coast Guard boarding officers do not need “reasonable suspicion” to board a vessel for safety and document inspections on U.S. navigable waters. They can board at any time, especially after being hailed.