U.S. Coast Guard Requirements for Crewed Charters in Florida
Yacht and small boat charter operations in the United States, are required to follow the strict rules of several regulatory agencies. According to the U.S. Coast Guard Passenger For Hire & Charter Vessel Operations regulations, U.S. Flagged Vessels can:
1) Operate as a Recreational vessel (no paying passengers), limited to the number of passengers in accordance with the manufacture;
2) Operate as a chartered vessel with no crew provided, limited to 12 passengers + written (bareboat) charter contract (e.g. houseboats); meeting recreational vessel requirements; or
3) Carry up to 6 passengers for hire as an Uninspected Passenger Vessel (UPV) if less than l00 Gross Registered Tons (GRT); vessels greater than 100 GRT can carry up to 12 passengers. Motorized UPVs must be operated by a Master who minimally holds an Operator Uninspected Passenger Vessel (OUPV) license. Vessel must be U.S. built, if not it must have a MARAD waiver.
Charter (Bareboat) Operation: A valid (bareboat) charter is an agreement where the charterer has use of the vessel for a period of time and is considered the owner. A charterer takes on the legal obligations, is responsible for the crew, passengers carried, and others. Read here about the U.S. Coast Guard Regulations for Bareboat Charter.
DEFINITIONS
Title 46 United States Code (USC) 2101, 46 Code of Federal Regulations (CFR) 175.400, 46 CFR 24.10
Small Passenger Vessel: Means a vessel of less than 100 GRTs as measured under Section 14502 of 46 USC, or an alternate tonnage measured under Section 14302 of 46 USC as prescribed by the Secretary under section 14104 of 46 USC:
(A) carrying more than 6 passengers, including at least 1 passenger for hire;
(B) that is chartered with crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers;
(C) that is chartered with no crew provided or specified by the owner's representative and carrying more than 12 passengers;
(D) that is a submersible or wing-inground craft, regardless of tonnage, carrying at least 1 passenger for hire; or
(E) that is a ferry carrying more than 6 passengers.
A Small Passenger Vessel is actively inspected by the USCG on a regular basis.
Uninspected Passenger Vessel: Means an uninspected vessel:
(A) of at least 100 gross tons as measured under section 14502 of 46 USC, or an alternate tonnage measured under section 14302 of 46 USC as prescribed by the Secretary under section 14104 of 46 USC - (i) carrying not more than 12 passengers, including at least one passenger for hire; or (ii) that is chartered with crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; or
(B) of less than 100 gross tons as measured under section 14502 of 46 USC, or an alternate tonnage measured under section 14302 of 46 USC as prescribed by the Secretary under section 14104 of 46 USC - (i) carrying not more than 6 passengers, including at least 1 passenger for hire; or (ii) that is chartered with crew provided or specified by the owner or the owner's representative and carrying not more than 6 passengers.
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.
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.