In a new official statement, the US Coast Guard reiterated that hiring an unlicensed charter is illegal and dangerous, because the charter may not have the proper emergency safety gear, navigation and communication gear, and may not have undergone the proper license exams and inspections which are put in place to ensure passenger and crew safety.
Legal passenger vessel operations fall into one of these three categories:
- Uninspected Passenger Vessel: Can carry up to six passengers and must be operated by a credentialed mariner.
- Small Passenger Vessel: Can carry more than six passengers, must hold a Coast Guard issued Certificate of Inspection, be inspected by the Coast Guard annually, and must be operated by a credentialed mariner.
- Bareboat Charter: Can carry up to twelve passengers and the customer must hire the operator.
Violators of the safety regulations set forth by the USCG are subject to civil penalties and/or a captain of the port order.
Failure to comply with the captain of the port order may result in a civil penalty of up to $94,219 for each day of continued operation. A willful and knowing violation of this order constitutes a Class D felony, which may lead to jail time up to 10 years and a fine up to $250,000,
When the Coast Guard encounters a boat that is not in compliance with regulations, measures will be taken to bring the vessel and operator into compliance.
These may include education, verbal or written warnings, civil penalties, vessel voyage termination, arrest or vessel seizure.
When reserving boats, prospective passengers should ask the operator in advance for proof the vessel and captain are compliant with Coast Guard requirements. Availability on a website is not a guarantee of regulatory compliance.