can't have it both ways

[Piscator]

Originally Posted by MakoMike

The rules as to who is crew are very muddled. This reg will be very easy to get around if someone knows it exists. Nothing says that crew can't buy into a fishing trip. All that's needed is a properly worded piece of paper (contract).

From what I understand and what I've been told, "legally" the only way someone can legally accept buy-in money for a trip, "including chipping in for gas" is only if the "captain" has a captains license. Now we all know that is impossible to enforce but pretty sure that is how the law is on the books.

Please correct me if I'm wrong.
Posted from my iPhone/Mobile device

[MakoMike]

Originally Posted by Piscator

From what I understand and what I've been told, "legally" the only way someone can legally accept buy-in money for a trip, "including chipping in for gas" is only if the "captain" has a captains license. Now we all know that is impossible to enforce but pretty sure that is how the law is on the books.

Please correct me if I'm wrong.
Posted from my iPhone/Mobile device

Yes you are wrong, that was the rule until about ten years ago, but the Coast Guard revised it so that cost sharing was allowed, but no profit was allowed. But I think in the situation we are talking about, it wouldn't be an issue, since all of the charter boat captains have their license.

[Piscator]

Originally Posted by MakoMike

Yes you are wrong, that was the rule until about ten years ago, but the Coast Guard revised it so that cost sharing was allowed, but no profit was allowed. But I think in the situation we are talking about, it wouldn't be an issue, since all of the charter boat captains have their license.

Yes, I checked it out and it was ammended as follows (didn't realize it was 10 years ago though):
SEC. 506. PASSENGER FOR HIRE.
"(21a) '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.."

DESCRIPTION - The determination of what constitutes the carriage of a "passenger for hire" must be made on a case by case basis. This determination is dependent upon the actual operation of a vessel and the flow of consideration as determined by the facts of each case. In general, there needs to be some form of tangible consideration or promise of performance being passed for a "passenger for hire" situation to exist.

SEC. 507. CONSIDERATION.
"(5a) '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 fuel, food, beverage, or other supplies." Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.

Bottom line: if you are a recreational boater, you are allowed to share expenses for a day on the water. Just don't make payment mandatory if someone wants a boat ride.