Appeals court says U.S. Coast Guard can order evacuations
The U.S. Court of Appeals for the First Circuit has ruled that the U.S. Coast Guard may order the forced evacuation of a vessel in distress if lives are in danger.
In the case on appeal (Thames Shipyard and Repair Co. vs. United States, No. 02-1619, First Circuit), the captain of a fishing vessel taking on water called the Coast Guard for assistance. After Coast Guard personnel arrived and could not prevent the vessel from taking on more water, the ranking officer on the scene ordered the ship to be abandoned. When the master objected, the Coast Guard officer said the captain would be subdued physically if necessary to take him off the vessel, which sank in less than an hour. The owner then sued the Coast Guard for the loss of the ship.