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Shortwave Sportfishing wrote:
.... As I said, I don't know the exact name of the term, but that's the way it works - I know guys who do it occasionally - perfectly legal because you are being hired to operate a boat- even if it's your own boat - you are just an employee of the charterer. As the original poster asked, it is a loophole in the laws/rules/regulations - whatever. I don't know about the legalities of this situation (seems OK but sleazy), but it is quite different from the OP since the captain actually has a license. The whole point of the original post is that the *unlicensed* owner can make money as a captain by creating a "legal fiction" which I believe is completely illegal. A long long time ago I was part of a charter group where the owner insisted that his friend be aboard as the "first mate." I've been told recently that changes the charter from a bare boat to passengers for hire, and thus he should have had a license. I don't know if this true but it sounds like it is. What you cannot do is exceed the 12 person max - that's the key. And you have to stay within the tonnage and distance limitations of your license - so, for instance, if you have an OUPV Near Shore out to one hundred miles and your boat can handle the capacity safely, that's the limitation. And you have to be hired to operate the boat - even if it's your own boat. OUPV is 6 passengers. |
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