Passenger vs. Passenger For Hire

[bisquit]

Licensed Captains know this: You can be a "passenger" on a boat without being a "passenger for hire".

U.S. Code
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part A--General Provisions

CHAPTER 21--GENERAL

Sec. 2101. General definitions

In this subtitle--

(21) “passenger”—
(A) means an individual carried on the vessel except—
(i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;
(ii) the master; or
(iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services;

(21a) “passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.

(5a) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies

[capt. jakeg]

All of you rec guys need to carry a copy of this on your boat with you in case the coast guard decides they want to hassle you. There's a whole lot more to charters than getting a captains license and do not take chances because the will nail you on it and you are dead wrong. I will start a little list of the other things needed to run a charter boat.. This is just off the top of my head here so excuse me if I leave anything out
Permits-
Captains License
Valid consortium card
NC charter boat permit
HMS permit
SE region operators card
Wahoo dolphin permit
grouper permit
NE region operators card
Tilefish permit- includes other groundfish... seabass, bluefish, flounder, etc.

Aside from the HMS, these permits all have a monthly report you must fill out. This is just the paper stuff here, and there are several other aspects that need to be taken into consideration. Bottom line is its a whole lot easier to just be a rec. Dont let the USCG hand you your ass at the dock because you wanted to not pay your share as the boat owner. If you are determined to be running a charer without any of these permits there are very steep fines and the majority of them have a starting rate of $10,000 and range up to $25,000 or more. Have your stuff in line and know the rules. Have fun. Be safe.

[Sterling]

Thanks for posting this, there were a few comments and actions mentioned recently that may have confused people.

specifically:

(5a) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies