What is an exception to US v. Sarmiento?

The case of US v. Sarmiento established important legal precedents regarding the jurisdiction of U.S. law enforcement over vessels on the high seas. An exception to this case pertains specifically to hovering vessels, which are defined as vessels that are not underway but are instead stationed or drifting in U.S. waters, particularly in a way that may obstruct navigation or be in violation of maritime law.

Hovering vessels are unique because, unlike foreign flagged or stateless vessels, they may present different challenges in terms of law enforcement and navigation safety when they are in close proximity to shore or within territorial waters. If a vessel is hovering, it may be subject to immediate jurisdictional authority under the context of US v. Sarmiento, allowing for law enforcement to act more readily compared to other types of vessels which may have more protections under international maritime law.

Thus, the significance of hovering vessels as an exception lies in the potential for quicker legal intervention, whereas foreign flagged vessels, stateless vessels, and coastal vessels follow more conventional lines of jurisdiction as established by this case, thereby creating a clearer distinction within maritime law.