Sunday, October 13, 2013



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 HOT PURSUIT: Naval and Coast Guard Professionals are most often concerned with the doctrine of hot pursuit. However, in 1995 it had become a more frequent concern of admiralty lawyers working with commercial fishermen. Hot pursuit has been a factor in fishing vessel seizures on both sides of the U.S. -Canadian border. The doctrine of "hot pursuit" provides for pursuit of law violators who flee to the high seas. In the event of a violation of the coastal states law within its territorial sea, the forces of the coastal state may pursue a violating vessel and effect arrest on the high seas.

 There are certain requirements, however, to entitle "hot pursuit". Commencement of the pursuit must be immediate. The pursuit must be continuous and must have started in the coastal states territorial sea or internal waters.

  When small boats create mischief in the territorial sea and then flee to a mother craft outside the territorial sea, the mother ship is considered "constructively present" in the territorial sea. As a "constructively present" offender, a hot pursuit of her small craft may include the mother ship.

  :Hot pursuit" may be by relay of vessels and air craft but visual or electronic contact must be maintained with the target. "Hot pursuit" must be terminated if the ship enters the territorial waters of another state. By U.S. law, Coast Guardsmen may pursue inbound maritime violators into U.S. internal waters and continue pursuit and effect arrest ashore in a form of domestic "hot pursuit".

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