Section 9Part 3 — POWERS, DUTIES AND PRIVILEGES
Duties of the Coast Guard
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9. (1) The duties of the Coast Guard are to —
patrol the territorial sea of the Islands and the high seas;
in the event of a spill of oil or other hazardous chemical in the territorial sea, provide assistance to the department responsible for the environment by providing maritime transportation to, and collecting samples of the oil or chemical for assessment by, that department;
enforce, and assist in the enforcement of, any laws, and international maritime conventions, treaties, and instruments relating to the maritime jurisdiction of the Islands, including those for the promotion of safety of life and property at sea, the enforcement of which may extend into the high seas, but shall not extend into the maritime jurisdiction of another state or territory, without that state’s or territory’s express permission;
prevent persons from boarding, holding on to or clinging to any vessel without the permission of the master of the vessel, and where necessary, remove any such person from the vessel; Section 9 Cayman Islands Coast Guard Act, 2021 Page 14 Act 2 of 2021 c
render aid and assistance to persons or vessels in distress and subject to section 6(3)(b)(ix) of the Maritime Authority Act (2013 Revision), to conduct and coordinate all such search and rescue operations, within the search and rescue region of the Islands in accordance with the International Convention on Maritime Search and Rescue, 1979 and any other applicable international conventions;
grant, within its legal and operational capabilities, requests for assistance from local and international government agencies in the performance of their functions and which are consistent with the duties and functions of the Coast Guard;
organize, train and supervise the Coast Guard Reserve for the purpose of assisting the Coast Guard in carrying out its functions;
inspect vessels to ensure and enforce compliance with local and international safety laws, regulations, rules and standards, including the Port Authority Act (1999 Revision) and any regulations made under that Act;
assist any local law enforcement agency in the execution of its duties where that duty is to be executed in the maritime environment;
co-operate with local and international law enforcement agencies or the armed forces of another country by taking any necessary measures to ensure the suppression of illicit activities occurring in the territorial sea of the Islands or on the high seas, provided the measures do not extend into the maritime jurisdiction of another state or territory, without that state’s or territory’s express permission; and
perform such other functions and duties as may be necessary for carrying into effect the objectives of this Act.
For the purposes of carrying out duties under this Act, officers of the Coast Guard have the same powers, authorities and privileges as are conferred on —
a constable by the Police Act (2021 Revision);
a customs and border control officer by the Customs and Border Control Act (2021 Revision);
a conservation officer by the National Conservation Act, 2013; and
a port officer by the Port Authority Act (1999 Revision).
An officer of the Coast Guard may, in the performance of the officer’s duties, carry and use firearms and protective equipment with the authority of the Commandant given under and in accordance with the general or special directions of the Governor —
in the territorial sea of the Islands;
on property of the Coast Guard; or Cayman Islands Coast Guard Act, 2021 Section 10 c Act 2 of 2021 Page 15
on land within the Islands not covered with water, where the officer is in hot or immediate pursuit and the pursuit extends to land within the Islands not covered with water.
Notwithstanding subsection (3)(b) and (c), an officer of the Coast Guard shall only carry and use firearms and protective equipment on land within the Islands not covered with water with the authority of the Commissioner of Police and in accordance with such terms and conditions as the Commissioner of Police may impose in relation to the carrying and use of the firearms and the protective equipment.
For the purposes of carrying out the duties under subsection (1)(e), the Commandant or Deputy Commandant may commandeer any vessel or conscript the services of any private person as may be necessary.
Where the Commandant or Deputy Commandant commandeers any vessel or conscripts the services of any private person under subsection (5) —
the vessel or person is deemed to be temporarily afforded such insurance coverage as may exist for the Coast Guard with respect to damage to, or loss of, property or with respect to personal injury;
financial compensation shall be paid to the owner of the vessel for any fuel used during the period the vessel was commandeered; and
the private person is not liable for any loss or damage to any other vessel or structure or any loss or injury to any person or property on board any such vessel or structure, unless it is shown that the private person acted negligently or in bad faith.