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Charter Boat Personal Use question

blewitupsirblewitupsir Posts: 774 Officer
I am trying to find out info and keep myself from any poetential trouble or issues. Heres my question. I have two boats that I run a charter business from. Both are registered as commercial charter vessels and have all the necessary licencse and permits to operate legaly in the charter setting. I do not operate offshore past the 9 mile limit so I have no federal permits. My question is when I am on my boat and want to fish with friends, can I go offshore past the 9 mile line and avoid federal fisheries violations as long as everyone of course has their own license and their is no profit generated in any way to myself or the vessel we are fishing on. This is usually not an issue, but we are heading up to the panhandle and will be fishing deep water in June/July (ARS) and I most certainly can afford no issues. I have a real hard time understanding all the rules and regs on this and any help from you old salts would be greatly appreciated.

Capt Charlie Phillips
http://hopefishing.comFishing the Florida Everglades National Park with Hope Fishing Adventures.

Replies

  • CDill9CDill9 Posts: 108 Officer
    If you are not operating for hire and you are operating under pleasure/personal use, you do not have to worry about it. So when you are boarded if they ask you if you are a for hire Captain you can reply yes, but I am not for hire right now. Or something along those lines.
  • "This is not a charter" and you are fine if all on board have a license. Tight lines.
  • blewitupsirblewitupsir Posts: 774 Officer
    Thanks, Its what I thought, just wasn't sure if anything changed with the commercial registration . I live a sheltered life guiding in the Everglades. I have been checked about 5 times in 10 years, so I just don't want or need an expensive mistake.
    http://hopefishing.comFishing the Florida Everglades National Park with Hope Fishing Adventures.
  • Thanks, Its what I thought, just wasn't sure if anything changed with the commercial registration . I live a sheltered life guiding in the Everglades. I have been checked about 5 times in 10 years, so I just don't want or need an expensive mistake.

    Thats gods country. I used to hire Jamie Brodie out of Islamorada and then ran my boat for years there. Send me your contact info, my 12 year old boy needs to experience it.
  • Jack HexterJack Hexter New Port RicheyPosts: 5,011 Moderator
    One thing to keep in mind is that you must also have a personal license, your charter license does not cover you if you are not on a charter.
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Being a charter captain does not mean you can't still use your boat for personal trips. However, you may be looked at a little closer if boarded. Believe it or not, there are some who have operated un-permitted charters in federal waters and tried to claim they were personal trips. So the answer is yes, you can.

    I'm near Destin and work the Panhandle so look me up when you come up, I would like to meet you. Hopefully I can save you some time if the FWCC boards you. I will already know the boat etc. and can save them and you some time.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • shempshemp Posts: 616 Officer
    One thing to keep in mind is that you must also have a personal license, your charter license does not cover you if you are not on a charter
    Good to know...thought the 200$ or whatever it is covered the vessel. But i got my lifetime sportsmans and fishing buds all have licenses, so i never paid it much mind
  • blewitupsirblewitupsir Posts: 774 Officer
    Being a charter captain does not mean you can't still use your boat for personal trips. However, you may be looked at a little closer if boarded. Believe it or not, there are some who have operated un-permitted charters in federal waters and tried to claim they were personal trips. So the answer is yes, you can.

    I'm near Destin and work the Panhandle so look me up when you come up, I would like to meet you. Hopefully I can save you some time if the FWCC boards you. I will already know the boat etc. and can save them and you some time.

    Law and order every time, so I have no issues with extra scrutiny. My boats have everything that is required and more so no issues there. The profit margin is certainly not big enough that I can afford lawyers, and fines so that was the reason for the questions. I have once recieved a little bit of a hardtime from federal park rangers in the ENP when out on a personal trip that they questioned. So I know how that side goes and thats what I was and are trying to avoid. I will pm you as we head up and if your available to meet love you.
    http://hopefishing.comFishing the Florida Everglades National Park with Hope Fishing Adventures.
  • Gary S. ColecchioGary S. Colecchio Posts: 24,922 AG
    One thing to keep in mind is that you must also have a personal license, your charter license does not cover you if you are not on a charter.

    It doesn't cover you when you are on a charter either.

    Your "boat" license covers your clients. You need a personal license to fish yourself.
    "If I can't win, I won't play." - Doris Colecchio.

    "Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick

    "All these forums, with barely any activity, are like a neglected old cemetery that no one visits anymore."- anonymouse
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