Requirements for a Six Pack Sunset Cruise Business

[Captain Graham]

Hello All

Please correct me if I am wrong.
If you are operating a Sunset Cruise business for 6 passengers you are reqired to do the following

The Captain
1. USCG License - Six Pack or Masters and for the body of water you will be operating.
2. I am confused if you MUST be in a random drug testing program.
I will join one anyways but I am unsure if you MUST.

The Boat
Even for a Six Pack (6 people max) your boat needs
1. To become documented by the USCG because you are doing Coastwise trade. If your boat is below 5 tons you are exempt.
2. You do not need the boat to be formally inspected by the USCG.
But to help reduce your insurance cost it would be wise to get a voluntary USCGAux inspection

Am I missing anything?

https://www.dco.uscg.mil/Our-Organiz...r-FAQ/#anchor5

[BillKny]

Originally Posted by Captain Graham

Hello All

Please correct me if I am wrong.
If you are operating a Sunset Cruise business for 6 passengers you are reqired to do the following

The Captain
1. USCG License - Six Pack or Masters and for the body of water you will be operating.
2. I am confused if you MUST be in a random drug testing program.
I will join one anyways but I am unsure if you MUST.

The Boat
Even for a Six Pack (6 people max) your boat needs
1. To become documented by the USCG because you are doing Coastwise trade. If your boat is below 5 tons you are exempt.
2. You do not need the boat to be formally inspected by the USCG.
But to help reduce your insurance cost it would be wise to get a voluntary USCGAux inspection

Am I missing anything?

https://www.dco.uscg.mil/Our-Organiz...r-FAQ/#anchor5

Not just documented--but must also have coastwise trade endorsement listed on the documentation certificate.

You would be smart to be sure that your insurance covers paid charters.

The USCG Aux Inspection won't hurt, but isn't required.

Also not required, but much more helpful, is the USCG UPV Inspection program. Only the military could create an UNinspected Passenger Vessel Inspection Program!

Here is the link to the inspection form:
https://homeport.uscg.mil/Lists/Cont...orm%20V2_2.pdf

[Pandor]

And this is why not many actually follow all of the requirements for operating a UPV.

For random drug testing, 46 CFR §16.230 Random testing requirements does indeed require random drug testing, not just for the master but also for any deckhands or other crew involved in the safe operation of the vessel.

If more than 5 net tons, you are supposed to have a coastwise trade endorsement for your vessel.

In order to obtain a coastwise trade endorsement, 46 CFR 67.19 requires that the boat be owned by a US citizen and be US built. If vessel was not built in the US, you can apply for a MARAD small vessel waiver with a $500 fee and no guarantee that you will get one. For the waiver, boat must be older than three years old and still must be owned by US citizen.

There is a pretty good summary of the requirements in this link:
https://homeport.uscg.mil/Lists/Cont...JobAid2011.pdf

[MYTraveler]

nvm.. Please delete

[capt jgw]

There are requirements for UPV's that are above and beyond those for private pleasure boats. The folks doing the Vessel Safety Checks won't be trained on those, so that check is actually useless for a UPV. That's why USCGAux came up with the UPV Inspection program. The problem was UPV operators thought they didn't have to do anything with boat since nobody was going to check it. It's just not true. Here in Michigan where fishing charters are a huge industry, the state saw the problem and required UPV's to be inspected by the DNR and display an annual inspection sticker. The requirements for that inspection go way beyond the federal the regs.

[slipaway]

CG requirements for OUPV license: https://www.dco.uscg.mil/nmc/charter_boat_captain/

Additional CG info: https://homeport.uscg.mil/Lists/Cont...JobAid2011.pdf

More CG info: https://www.luxyachts.com/resources/...r-Brochure.pdf

[Pandor]

So, Graham, I’m curious. Would the built in the US clause affect your business plan? If I recall, you were already pricing out boats?

[Captain Graham]

Originally Posted by Pandor

So, Graham, I’m curious. Would the built in the US clause affect your business plan? If I recall, you were already pricing out boats?

Thank you for pointing out another issue.
Your boat must be built in the US.
It not you will require to get a Jones Act small vessel waiver.
https://maritime.dot.gov/ports/domes...waiver-program

In my case I am looking at US built boat.

[CaptNemoO2]

Doesn't the Jones Act only comes into play if your are dropping your passengers off at another location then where you started the trip from? The cruise ships that leave NY Harbor return to the same port, and are definitely not US built, manned, or flagged.

Originally Posted by Captain Graham

Thank you for pointing out another issue.
Your boat must be built in the US.
It not you will require to get a Jones Act small vessel waiver.
https://maritime.dot.gov/ports/domes...waiver-program

In my case I am looking at US built boat.

EDIT- Looks like it does unless you go out 12 miles and back.

UPVs whose route is from point "A" in the U.S. to point "B" in the U.S., or returning to
point "A" without leaving U.S. territorial waters must be U.S. built and hold a COD with
an operational endorsement for coastwise trade. If the vessel is of foreign or unknown
build, it must receive a waiver from MARAD through the Small Vessel Waiver Program.
46 USC 12106(b), 46 CFR 67.19(a), 19 CFR 4.80.

From page 13... http://wow.uscgaux.info/Uploads_wowI..._rev052017.pdf

[jlblan2]

I conduct UPV inspections for the Coast Guard and I have attached the guide we provide to the Captain's before we arrive for the inspection. This ensures that everybody is on the same page. I hope this helps.
UPV Guidebook 2018.pdf

[Capt Gary]

All the other answers have good info regarding the Coast Guard and Insurance angles, but if you are running a business, you may need to register or license the actual business with the State or County you will be operating out of.

[Captain Graham]

Originally Posted by Capt Gary

All the other answers have good info regarding the Coast Guard and Insurance angles, but if you are running a business, you may need to register or license the actual business with the State or County you will be operating out of.

Yes for the Business you will need the following
1. Legal form of business - I picked an LLC
2. State Charter Business License if required for your state.
3. Any special Local (Town) Business License.

If you are a fishing charter (not part of what I am doing) the Captain and maybe the Mate will have to get a special state fishing license. Most states call this a fishing guide license.

[PatriceBleu]

The USCG License is not enough. The license must be protected by the employer's policy or it cannot ensure the captain and cargo while sailing.