CLEARWATER, Fla. — A Coast Guard Station Cortez law enforcement crew terminated an illegal charter voyage that was acting as a bareboat charter, Thursday, near Anna Maria Island.
Coast Guard officers deemed the 54-foot vessel, Maititiki, to be operating as an illegal small passenger vessel, terminated the charter’s voyage, and escorted the boat and passengers back to Coquina Beach.
Violation issued during the boarding:
- Violation of 46 C.F.R. 176.100 (a) – failure to have a valid Certificate of Inspection
"Bareboat charters are considered recreational vessels because the charterer temporarily assumes ownership of the vessel, provided they adhere to the requirements set forth in Navigation and Vessel Inspection Circular (NVIC) 7-94,” said Brian Knapp, chief of investigations at Coast Guard Sector St. Petersburg. “If a charter fails to meet any of these guidelines, it is reclassified as operating in commercial service with passengers for hire, making the vessel subject to federal regulation as either an uninspected or small passenger vessel."
"A critical requirement of a legitimate bareboat charter is that the charterer maintains full control by operating the vessel directly or hiring an independent operator, who does not need a Coast Guard license,” said Capt. Corrie Sergent, commanding officer of Coast Guard Sector St. Petersburg. “However, the moment a vessel owner provides the operator, the boat legally becomes a commercial passenger vessel subject to federal regulations mandating a licensed captain, safety equipment, and drug testing."
In aggregate, owners and operators of illegal charters can face civil penalties of $69,000 or more for illegal passenger-for-hire vessel operations for multiple violations of Federal Regulations. Some potential civil penalties for illegally operating a passenger vessel include:
- Up to $5,996 for failure to provide a Coast Guard Certificate of Inspection for vessels carrying more than six passengers for hire.
- Up to $9,624 for failure of operators to be enrolled in a drug and alcohol program.
- Up to $20,468 for failure to produce a valid Certificate of Documentation for vessels over 5 gross tons.
The Coast Guard urges anyone paying for a trip on a vessel to verify the captain has a safety plan and a Merchant Mariner Credential. For larger charter boats or those with more than six passengers, ask to see a Coast Guard-issued Certificate of Inspection, or if they conform to Uninspected Passenger Vessel regulations. If the operator cannot produce appropriate credentials, passengers should not get on the boat.
Anyone with information regarding illegal charter operations is encouraged to contact CGIS here or download the app.
For additional recreational boating safety information, please visit www.uscgboating.org.
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For breaking news, find press releases and contact information for our regional public affairs offices here: U.S. Coast Guard News by Region.
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