The illegal charter operation of the 'Lucky Duck,' a 20-foot pleasure vessel, was intercepted by the Coast Guard and the California Department of Fish and Wildlife in the La Jolla State marine reserve protected area of San Diego, on September 21. The vessel was found in violation of multiple state and federal regulations, warranting intervention and termination of its voyage.
In accordance to a Coast Guard press release, upon inspection, it was found that the vessel had onboard six people, including five paying passengers and a child. The discovery led to charges being filed against the operator for violating state laws. Further, the vessel was found to be operating in violation of federal regulations as an illegal uninspected passenger vessel.
The infractions included operating without a qualified mariner staffed on board; failing to establish a drug and alcohol program; operating without obtaining the necessary Coast Guard license; and doing commerce in coastwise trade without the requisite Certificate of Documentation endorsement. Such regulatory transgressions pose serious safety risks for passengers, and hefty penalties were incurred by the vessel's owners and operators.
Cmdr. Jamie Koppi, a prevention at Coast Guard Sector San Diego, highlighted in her public release the necessity for passengers, to verify the credentials of both the vessel and its captain before boarding. She encouraged the public to actively inquire about the captain's qualifications prepared a safety plan, and emphasized avoiding boarding vessels managed by inexperienced operators.
As for the Lucky Duck incident, the owners and operators risked facing civil penalties ranging from $5,661 to $22,324. More seriously, infringement of the captain of the port order could have resulted in a Class D felony, with penalties that may include a six-year prison sentence and fines up to $250,000 for individuals or $500,000 for an organization (18 U.S.C. 3571). Civil penalties for violating a captain of the port order can reach up to $111,031.
Cmdr. Koppi stresses that this shared responsibility calls for the vigilance of passengers and enforcement action by agencies like the Coast Guard. To maintain public safety, the Coast Guard pledges to continue their pursuit of operators who disregard passenger vessel regulations and strive to rid our waters of illegal charter operations.
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