FYI:
USCG
regulations.
If passengers are allowed onboard for any monetary
contribution, economic benefit or a donation as a
condition of carriage to any person having an
interest in
the vessel is considered a commercial
operation (passenger for hire).
A
recreational vessel is manufactured and
operated for pleasure with no one onboard
who provided money or any type of
economic benefit (this is NOT a passenger
for hire operation).
A few examples of a passenger for
hire vessel [a
commercial chartered vessel]:
1.Passengers buy tickets to ride aboard.
2.You rent your moored vessel as a
bed & breakfast or an Airbnb lodging.
3. You rent your entire vessel for a party while the
vessel is underway.
4.
Requiring fuel,
food and/or beverage as a
mandatory contribution in lieu of cash for a
fishing trip or a
cruise.
5.
Requiring cash contribution for anything in exchange for the privilege to be aboard.
DEFINITIONS
46 US Code (USC) 2101, 46 Code of Federal
Regulations (CFR) 175.400,
Passenger: means an individual carried on a vessel,
except: (1) The owner or an individual representative
of the owner, or in the case of a vessel under
charter,
an individual charterer or individual representative
of the charterer. (2) The Master; or (3) A
member of
the crew engaged in the business of the vessel who
has not contributed consideration for carriage and
who is paid for on board services.
Passenger for Hire: means a passenger for whom
consideration is contributed as a condition of
carriage on the vessel, whether directly or
indirectly flowing to the owner, charterer,
operator, agent, or any other person having an interest in the vessel.
Consideration: means an economic benefit, inducement, right, or profit, including pecuniary payment accruing to an individual, person, or entity
but not including a voluntary sharing of the actual expenses of the voyage by monetary contribution or donation of food,
fuel, beverage, or other supplies.
Key word is Voluntary, meaning not asked for, nor required or expected, i.e., just gifted.
Voluntary: acting or done of one's own free will without valuable consideration or
legal obligation.
Recreational Vessel: means a vessel - (A) being
manufactured or operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter’s pleasure.
REQUIRED DOCUMENTS FOR LEGAL OPERATIONS: Reference attached image below.
-Recreational Vessel: Certificate of
Documentation or
State
Registration.
-Small Passenger Vessel: USCG Licensed Master,
Certificate of
Documentation or State
Registration,
Certificate of
Inspection.
-Uninspected Passenger Vessel: Certificate of
Documentation or State Registration, USCG Licensed
Master/Mate, or Uninspected Passenger Operator
Credential.
-
Bareboat Charter Vessel: Certificate of Documentation
or State Registration,
Bareboat Agreement, USCG
Licensed Master Mate or Uninspected Passenger
Operator Credential (if required).
In addition most if not all States and countries will require that a commercial passenger carrying boat will need a business
license and likely charter boat
insurance.