Rule-Breaking Boat Stopped Off Jersey Shore: Coast Guard

BARNEGAT LIGHT, NJ — The U.S. Coast Guard terminated the voyage of a passenger vessel after learning that its acting captain did not meet regulatory requirements to serve as captain.

The small passenger boat was operating in violation of a Captain of the Port (COTP) Order that was in effect against the vessel near Barnegat Light on June 12, the Coast Guard said in a news release.

The COTP Order issued against the commercial vessel prohibited the carriage of paying passengers (i.e., passenger(s) for hire) unless it was operated under the direction and control of an individual holding the appropriate Merchant Mariner Credential (MMC), Coast Guard officials said.

And during a vessel safety boarding, Coast Guard Station Barnegat Light learned that the boat's acting captain, also known as master, did not meet the regulatory requirements to serve as the vessel's master.

The boarding confirmed the vessel was not in compliance, and the voyage was subsequently terminated due to violating the standing COTP Order.

“Credentialed mariners are entrusted with the safety and security of commercial vessels, and the Coast Guard remains steadfast in its commitment to fairly enforce the rule of law while prioritizing the well-being of all individuals on the water and the overall Marine Transportation System,” said Capt. Roberto Rivera, alternate COTP, Coast Guard Sector Delaware Bay.

Coast Guard Sector Delaware Bay and Coast Guard Station Barnegat Light cited the violation and terminated the voyage due to unsafe conditions.

• Title 46 of the Code of Federal Regulations (CFR), Section 15.515(c), failure of vessel to be operated under direction and control of an individual holding the appropriate Coast Guard MMC.

It is important to note that before launching your own passenger for hire operation, the following requirements must be followed:

• The captain must hold the appropriate U.S. Coast Guard license.
• The captain and crew must be enrolled in a drug and alcohol program.
• If carrying more than six passengers, with at least one for hire, then the vessel must also have a valid Coast Guard Certificate of Inspection.

Additionally, if businesses are conducting bareboat charter rentals, then:

• A maximum of 12 passengers plus the charterer are allowed on the vessel, not including crew.
• The vessel can be crewed so long as the captain and the crew are not specified or provided by or paid through the original rental company agreement.
• The company may provide a list of suggested captains, but the charterer has the right to go outside that list and choose their own captain.
• The vessel's registered owner or direct representative may not be onboard in any capacity while the vessel is rented (chartered) by a charterer.