Are There Illegal Charter Boats Trolling Our Waters?
GULF SHORES Ala.
By: Rick McCann
July 23rd 2024
When you’re living in beautiful places surrounded by water, especially places like the beautiful Alabama Gulf Coast, one thing that you’re sure to find besides a lot of people, is a lot of boats.
Being out on the water is how locals and visitors love to spend their time. And for some of us, that might include chartering a fishing vessel, boarding a dolphin cruise boat, or maybe even going parasailing if you’re more adventurous.
But have you ever stopped and wondered if the vessel captain was properly licensed or if the vessel has passed an inspection?
Are the boats safe and do they have all the required emergency gear on board such as PFD’s? (Personal Flotation Devices) And are there enough of them for everyone on board?
How about lifeboats, fire extinguishers, and first-aid kits?
Safety on the water, whether piloting your own vessel or boarding a commercial vessel of any size should be something that we should all do cautiously. Fun on the water can quickly turn into tragedy if we’re not mindful of the dangers, and if the vessel captain is not properly licensed or if the vessel is not safe or seaworthy.
For years, the United States Coast Guard has been warning people to keep their eyes out for businesses that may not have their safety as a top priority.
As the boating community, especially chartered and other boats for hire continues to grow along the Gulf Coast, so do the concerns for safety while out on the water.
Under Federal law, Commercial vessel means a vessel used in transporting by water, either merchandise or passengers for compensation or hire, or in the course of business of the owner, lessee, or operator of the vessel.
This means that all charter fishing vessels, parasail boats, “theme” boats such as a pirate ship, water taxis, or a ferry must be properly licensed, and inspected by the United States Coast Guard.
Nationwide, “illegal charters,” are on the rise according to the USCG. Illegal charters are defined as a voyage that “fails to meet federal regulations promulgated under the Passenger Vessel Safety Act,” according to USCG.
Often this can mean more passengers are on the boat than allowed, there are unqualified operators behind the helm or they are missing safety gear.
But local authorities say that it can sometimes be hard to tell if the vessel meets all state and federal requirements and unfortunately, most customers of these vessels either don’t know what’s required or don’t make it a priority to do their due diligence.
The Coast Guard said that it’s definitely okay to ask these questions when making your reservations or check the company’s website for this information.
The waterways in our area are becoming more crowded with pleasure boats and commercial vessels and like our local Interstates, this could lead to more accidents and more injuries.
The Coast Guard said that there are two ways to charter a boat. You can either charter a boat recreationally or commercially.
People who want to recreationally charter a vessel will rent the boat for a specific time and use it for fishing or just having a good time on the water and then bring it back and be on their way.
Those who want to do it more commercially can go to a company and pay that business to bring them out on the water for fishing, or a cruise, and it’s the vessel captain and crew who are responsible for the entire trip. A very common example of that is charter fishing vessels. Those vessels offer a whole package. The boat, the crew, the fishing gear, and the whole experience.
The moment money is involved, a voyage becomes a charter, according to the Coast Guard.
The Coast Guard wants to remind people of the requirements that must be followed before operating a passenger- for- hire operation:
The captain must hold the appropriate U.S. Coast Guard license.
The captain and crew must be enrolled in a drug and alcohol program.
If carrying more than six passengers, at least one for hire, then the vessel must also have a valid Coast Guard Certificate of Inspection.
For businesses conducting bareboat charter rentals, the requirements are as follows:
A maximum of 12 passengers plus the charterer are allowed on the vessel, not including the crew.
The vessel can be crewed so long as the captain and crew are not specified or provided by or paid through the original rental company agreement.
The company may provide a list of suggested captains, but the charterer has the right to go outside that list and choose their own captain.
The vessel’s registered owner may not be on board in any capacity while the vessel is rented (chartered) by a charterer.
To report illegal passenger vessels, contact the Sector Mobile Command Center at (833) 662-8724 or through CGIS tips.
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