Frequently Asked Questions

The policy letter, in 4.x., describes personal property as, “Items that are portable gear such as fishing equipment and barbecues, and items not related to safe navigation or carriage equipment such as jewelry.” Mobile devices also are considered personal property.

Yes, they would be considered personal property and excluded for purposes of calculating the damages.

Based on the definition of personal property in 4.x., for purposes of the threshold, a GPS unit would not be considered personal property because it is an item related to safe navigation. Its value would be included in the calculation of damages.

More guidance can be found in the statutes, especially 46 USC 2101(1)(A) and 46 USC 4302. For example, 46 USC 4302 describes items that are associated equipment of a vessel. They include “…fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment.” None of these items would be considered personal property.

“Associated equipment” is defined in 4.a. of the policy letter and 46 USC 2101(1)(A) as, “…a system, accessory, component, or appurtenance of a recreational vessel; or a marine safety article intended for use on board a recreational vessel.” Examples of associated equipment in 46 USC 4302 include: “…fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment.”

Yes. 

This is a reversal from the guidance in CG-BSX Policy Letter 23-01 issued 27 January 2023. The Coast Guard’s original guidance was that labor should not count toward the calculation of the damage threshold. In CG-BSX Policy Letter 23-01, CH-1 issued 26 September 2023, the Coast Guard reversed the guidance after weighing State partners’ concerns about the feasibility and burden of separating labor from the calculation, and learning of some States’ statutory requirements to include labor costs.

The policy letter in 4.h., describes it as “When a vessel is known or presumed to have been destroyed, is presumed to have sunk in an unknown location, has sunk in a known location but will not be recovered, or is a total constructive loss (i.e., so severely damaged it is not worth repairing).”

Yes, the incident should be reported.

Licensing requirements may vary by State. However, in general, the following types of facilities would qualify under this guidance, if licensed: hospitals, hospice agencies, intermediate care facilities, nursing homes, ambulatory surgical facilities, comprehensive outpatient rehabilitation facilities, home care agencies, home health agencies, hospital agencies, outpatient therapy clinics, rural health clinics, rehabilitation agencies, and ambulances.

Yes, if the ambulance service is licensed by the State and there is treatment performed by EMS personnel (for example, successful CPR, setting dislocations or broken bones, sutures, etc.). This is a clarification of guidance that had been presented in CG-BSX Policy Letter 23-01 issued 27 January 2023. In that issuance, the scenario of EMS personnel arriving on scene but not transporting the victim to a medical facility would have been considered observation without treatment. In CG-BSX Policy Letter 23-01, CH-1 issued 26 September 2023, the Coast Guard eliminated that scenario from the guidance given further deliberations on the meaning and application of a “licensed medical facility.” 

The policy letter, in 5.a.(12-14) and 5.b.(7-9), refers to the status of vessels involved in ejections, impacts, and falls overboard—that is, underway, anchored or properly docked or moored vessels. “Properly docked or moored” is defined in 4.z. of the policy letter to mean “A vessel secured to a fixed structure, such as a dock, pier, or wharf, or to a mooring buoy or other floating object (excluding another vessel, a floating dock, or ATONs).”

While the policy letter does not define the term “medical emergency” or related terms previously used such as “medical condition” or “sudden medical condition,” it does offer a qualifier in 5.b.(6): “A medical emergency does not refer to physical impairments such as poor eyesight, hearing, or mobility.” Consider, then, that a medical emergency is an unexpected or spontaneous event. 

An operator experiences cardiac arrest while the vessel is underway. A passenger takes control of the vessel, while another performs CPR, unsuccessfully. Even though the fatality occurred on the vessel, the medical emergency was unrelated to the vessel and did not involve any other vessels in the area. The event does not need to be reported.

In the 1990s, the Coast Guard determined that a “float tube” is a vessel, and motorized float tubes must be numbered. It, along with other devices that the Coast Guard has determined to be vessels in response to inquiries, can be found in a list at https://uscgboating.org/regulations/vessel-determinations.php.

However, incidents involving them do not always require a report. Per 5.b.(14) of the policy letter, if the only craft involved in an incident was a float tube propelled by feet or fins, the incident would not need to be reported.

A floating residence with no propulsion.

The guidance in 5.b.(2) gives examples that include wounds, alcohol/drug overdose, or poisoning that occurs when unrelated to the vessel or its equipment and involving no other vessel. If a vessel occupant dies by suicide or controlled substance poisoning while on board the vessel and no other event occurs, the injury does not need to be reported.

Yes, if these sorts of injuries occur and they had nothing to do with the vessel or its equipment and did not involve any other vessel, they would be considered “self-inflicted” and would not require a report to the Coast Guard. 

No, that is not a “self-inflicted” injury and would likely need to be reported.

If the vessel is underway or anchored and the occupant’s behavior results in an impact and injury that meets the threshold, the incident requires a report to the Coast Guard. The conditions for this type of reportable incident are described in 5.a.(14): “Person impacts a vessel, when: (a) underway or anchored; or (b) properly docked or moored, and due to another recreational vessel’s actions.”

5.a.(7) of the policy letter says that fires and explosions are reportable under certain circumstances. That is: “Fire or explosion (fuel and non-fuel materials related), when the vessel is underway, at anchor, or is properly moored or docked and involved in fueling or starting or when attributed to the vessel’s equipment or electrical components.” A built-in component would be considered vessel equipment.

If, after an investigation, there is insufficient evidence to determine the initial source of the fire—likely because of significant damage to the vessel--report the incident to the Coast Guard.

No. A heat lamp is not considered part of the vessel’s equipment or electrical components, so, based on the guidance in 5.a.(7) of the policy letter, it would not be reportable to the Coast Guard.

In applying this vessel use exception for reporting, “criminal activity” should narrowly reflect situations such as stealing a vessel or using a vessel to conduct illicit activities like smuggling. Criminal activity, as applied in the vessel use exception, does not refer to impairment and boating safety-related offenses. 

For example, if an alcohol-impaired operator crashes into a dock causing injury and damages that meet the federal threshold, the incident should be reported to the Coast Guard, even as the operator may also be charged with boating under the influence.

Similarly, if a vessel operator and occupants are engaged in illegal fishing or hunting and the operator grounds their vessel causing enough damage to meet the federal threshold, the act of illegal fishing or hunting does not constitute “criminal activity” for purposes of exempting the incident from a report to the Coast Guard.

In the entries preceding 5.a.(22), the policy letter identifies specific types of incidents that are likely to meet federal reporting requirements and are of interest to the national RBS program. However, it is not feasible for a single list to capture every potential incident that ultimately will meet federal reporting requirements. 5.a.(22) is intended to prompt the evaluation and potential reporting of incidents that otherwise might not be captured simply because the vessel’s operational status or circumstances at the time of the incident were not specifically named among the preceding entries. 

For the most part, yes, because they draw heavily upon categories of factors that contribute to incidents. See, for example, a breakdown of primary contributing factors and causes in Tables 5 and 6 of the Coast Guard’s annual Recreational Boating Statistics (COMDTPUB 16754.34 (series)). Additional guidance for implementing this and other components of the policy letter will be rolled out through the cooperative efforts of NASBLA and the Coast Guard’s Boating Safety Division. However, contact your State Program Coordinator in CG-BSX-21 at RBSinfo@uscg.mil if you have specific questions about your circumstances.

There should be a vessel record for each vessel involved, and damages should be reflected under each applicable vessel record. The Coast Guard plans to introduce a new incident type in the vessel perspective in January 2024--"impacted by vessel"--to code docked/moored vessels accordingly.

Yes. See a document created by NASBLA's Engineering, Reporting & Analysis Committee (ERAC) that maps the "old" to "new" Incident Type terms (effective Jan. 1, 2024) based on CG-BSX Policy Letter 23-01, CH-1).