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Illegal Charter?

Old 04-18-2019, 04:49 AM
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Default Illegal Charter?

https://batonrouge.craigslist.org/bo...869078975.html

I live in Grand Isle and have a beautiful Hatteras Diesel Sportfish Yacht. I enjoy fishing and the open ocean and I am looking for folks who wish to cover expenses to go Offshore fishing. I supply the boat, you cover the costs. I'm not a charter so I am not charging for my services, tips always welcome tho lol.
My yacht has all the amenities of home including microwave, stove,
BBQ grill, digital glass fridge, indoor/outdoor sound systems, Satelite tv, led TV's, Private master bedroom, private full bath with shower, granite countertops, Radar, GPS, Chartplotter, two generators, twin Cat Diesels, 100,000 lumen 360 degree flood lights for night fishing, Lee outriggers, and more. Boat was completely refit just a couple years ago and is basically new.
Yacht is ready for day trips or all weekend or more! Sleeps 4 adults comfortably. Why pay crazy prices to pile into a stripped down crowded charter boat when you can fish in style and luxury for far less! I am available for fishing trips 7 days a week. All images are from trips I've done in the last month. I have references and over 25yrs offshore experience.

I may consider selling a share in the yacht as well. Text or call to discuss.
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Old 04-18-2019, 04:56 AM
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About as ILLEGAL AS IT GETS!

He is asking for expense money up front for consideration of carriage.

Wait till they catch him fishing federal waters on his so called not a charter.

You don't have to make a profit to be a charter. Don't ask me how I know that!
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Old 04-18-2019, 05:27 AM
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Should have taken some of the money for the Hatt. and went to Sea School!!!
Illegal!!!
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Old 04-18-2019, 06:05 AM
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On December 20, 1993, President Bill Clinton signed into law the Passenger Vessel Safety Act of 1993. This law clearly defines what a “paying” passenger is considered to be. This law can be found in Title 46 of the U.S. Code of Federal Regulations and in part states:

Definition of Terms

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 contributions or donation of fuel, food, beverage, or other supplies.

Passenger means an individual carried on a vessel, except:

(i) He owner or an individual representative of the owner

(ii) The master

(iii) 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.
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Old 04-18-2019, 06:25 AM
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Idiot
Will the uscg be looking for this guy?
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Old 04-18-2019, 08:40 AM
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Originally Posted by USCG Safe Boating D8 View Post
On December 20, 1993, President Bill Clinton signed into law the Passenger Vessel Safety Act of 1993. This law clearly defines what a “paying” passenger is considered to be. This law can be found in Title 46 of the U.S. Code of Federal Regulations and in part states:

Definition of Terms

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 contributions or donation of fuel, food, beverage, or other supplies.

Passenger means an individual carried on a vessel, except:

(i) He owner or an individual representative of the owner

(ii) The master

(iii) 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.

What's your take on this, does it rise to the level of being a charter? Outwardly, contribution appears to be a condition of passage.
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Old 04-18-2019, 08:44 AM
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I would like advice.
I want to knock over Ft. Knox.
i know my fellow tht brethren will give me good advice.
Thx in advance.
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Old 04-18-2019, 08:44 AM
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Originally Posted by Kenner 23 View Post
Idiot
Will the uscg be looking for this guy?
They won't have to look for him. The legal operations will save them the trouble.

It would make a great sting operation for NOAA enforcement. Go do a little reef fishing in federal waters of the GOM and his fines will be more than his boat is worth.
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Old 04-18-2019, 08:55 AM
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That is 1,000% a charter.

He may be about to learn an expensive lesson in life . . .
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Old 04-18-2019, 09:04 AM
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Originally Posted by Sea-r-cy View Post
What's your take on this, does it rise to the level of being a charter? Outwardly, contribution appears to be a condition of passage.
As described, it is not legal. There are two reasons. The words "voluntary" and "share actual expenses" are operative. Based upon the OPs write up, there is an EXPECTATION that passengers will COVER costs.

Here's the way that would go down. The boat returns from a trip. The boarding team breaks up the group and separates them from the captain. A few questions get asked.

The officer will say something like this. With the understanding that providing a false official statement to a federal officer is a violation of the law, I want to ask you a few questions. We do not suspect you of any wrongdoing, we just want to understand the nature of the trip you just took.

How did you meet the captain?

Where did you find the information?

Did the captain ask you to help pay, or did you volunteer?

How much money did you kick in?

What were you provided for food, drinks, bait and other consumable supplies?



In the end it would be easy to establish that the payment was NOT voluntary and it probably wouldn't be too difficult to establish that the amount of money collected exceeds the actual expenses.
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Old 04-18-2019, 09:09 AM
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There's more to consider. Does the group pay at the beginning of the trip, or the end? Any payment up front would be an issue because at that point nobody knows what actual expenses were. If the captain waits until the end of the trip and the passengers decide they don't volunteer to share the expenses, what does the captain do?

My advice to the person would be to stop at once. Then he can engage the investigators at the Coast Guard Marine Safety Unit in Houma to find out if there is a way to legally do what he wants to do.
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Old 04-18-2019, 09:24 AM
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The way it is worded, it appears that the thread starter is just copy and pasting something he found, he is not the guy giving this really bad idea a go.. Oh, and here’s another vote for blatantly illegal.
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Old 04-18-2019, 10:00 AM
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Instead of playing internet police, direct the guy here and help him find some friends to split trip cost. SMH.
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Old 04-18-2019, 10:12 AM
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I think the part about a stripped down charter boat is pretty funny. Most charter boats have the latest and greatest of everything
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Old 04-18-2019, 10:57 AM
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AND Don't forget about all the permits required!!!
Insurance???
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Old 04-18-2019, 11:00 AM
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Gas, grass, or ass. Nobody rides for free. My boat, I payed for it, insure it, keep it maintained and cleaned all on my time and dime. If anyone thinks thatís not the ultimate contribution to a fishing party then I donít know what to tell you. If you want to fish with me youíre going to buy the gas, ice, bait, the drinks and food or anything else we need to put us on the fish that day. Sometimes they even pay for lodging. I provide the boat, gear and the knowledge like I always do and my friends get to catch fish without owning a boat. Iím still paying more than they do in the big picture.
According to some of you thatís illegal lol. I donít think so.
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Old 04-18-2019, 11:53 AM
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Sounds like he is just looking for fishing partners so he can afford to do what he loves to do. I dont see anything wrong with it if he isn't making a profit. Every body saying its illegal to pay someones expenses definitely wouldn't be coming fishing with me.
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Old 04-18-2019, 11:57 AM
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Was advertised at $300 a few weeks ago.
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Old 04-18-2019, 12:47 PM
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Originally Posted by gov700 View Post
Sounds like he is just looking for fishing partners so he can afford to do what he loves to do. I dont see anything wrong with it if he isn't making a profit. Every body saying its illegal to pay someones expenses definitely wouldn't be coming fishing with me.
Do you run random ads on Craigslist soliciting for "Friends" to chip in on fishing trips?\
Hell, i won't let my paying clients give me money until we are back and the fish are cleaned.
I am willing to bet money changes hands prior to leaving the dock or paypal when "booked"
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Old 04-18-2019, 12:50 PM
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Advertising a fixed price is what separates this as a charter as differentiated from a group of buddies splitting costs pro rata. It’s really that simple. He also shouldn’t be crapping on charters boats when his “refit” looks straight outta 1989

Last edited by JohnM37; 04-18-2019 at 01:44 PM.
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