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This is who you want...I copied this from another thread.


The same questions and same answers seem to be coming up year after year. I will be glad to add my opinion to the mix.

You as a recreational boat owner CANNOT ASK for any type of consideration/ pecuniary payment or any type of economic benefit in exchange for taking a person out on your vessel. If you do ASK for payment of any type, this is called a condition of carriage, you are now taking passengers for hire and are considered a charter vessel.

If you need to look up the info my references are 46USC2101 (5a,21, 21a, 42b), Passenger Vsl Safety Act of 1993, 46CFR15-605, NVIC 7-94. All references can be found on line by using google search.

I could go on and on to explain how the rules above interact with each other but that could take up a lot of space.

Bottom line is that you as the boat owner, master, operator, CANNOT ASK FOR MONEY, FUEL, FOOD, OR OTHER SUPPLIES. This is an economic benefit. The change that was mentioned in previous posts are that if money, food , fuel was given on a volunteer basis with no prompting from the vessels owner, operator, captain this would not be a condition of carriage but a generous offering from a passenger (not passenger for hire, there is a difference) and the operation would not be considered a charter operation

And yes it is like the seatbelt laws and cell phone laws but there are people out there that have been caught. I can tell you that if you are caught running an illegal charter the Coast Guard has a program called Notice of Violation (ie: ticket) They can be written on the spot and can be of a substantial monetary value.

And now you ask, as been asked before, who are you and what do you know?

my name is
Mike Kaszuba, I am the Chief of the Investigations Division for the U.S. Coast Guard in Philadelphia, I have been doing this job in excess of 10 years. The Philadelphia office has an area of responsibility that goes from Brielle to the DE/MD border over to the Susquehanna River.

This e-mail was not to be taken as a threat or meant to be agressive in nature, our job is to keep all folks in complaince with the rules and regs that govern the maritime industry trying to keep folks safe. We are also in place to try to help protect the legal charter vessel operations from illegal charterers taking away business.

If you have any questions regarding this issue feel free to contact me at [email protected]
 

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Thank you Mike for taking the time to respond

I have heard so many different opinions on this subject over the years and your response pretty much clears up for me anyways what the official policy is on this matter.
We have talked a few times on the phone on various issues in the past and you did a complimentary saftey inspection quite a few years ago on one of my boats down at Cape May Marine. Best of luck to you in future and thank you again for your response.
Does the Coast Guard still do the inspections for Coast Wise vessels in Southern NJ? I had one just before Christmas down in Morehead City, NC for fishing in the General Catagory but wondered about what was available up around Cape May when we return in late April to charter fish.
 

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Was stranded about 50 off with a 200# mako in the boat. Just Pop and I, after a long days sharking the batteries had died. Anyways thi was long before Seatow and the like. We flagged down a Scalloper, (talk about Luck) then he hailed the CG. They came and got us and twed us into AC. Brought us Pepsi, Doritos, oreos and hot coffee.

These guys are top notch and not out to get folks to protect them.

:thumbsup::thumbsup: FOR USCG!
 

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Hey Cappy that wasn't mike resonding that was a copy of one of his posts. For you "free" inspection at the dock there is an older gentelman that does them I will see if I have his number still. He was at the dock a few years ago and did mine, joe and bill. Nice guy and very thorough. He did the 6 pack inspection and gave a sticker when complete, if it passed that is.

Mike's rridding his motorbike in Fla right now if he is smart. :D:D Or he may be lurking close by.;)
 
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