Embarking on a boating adventure along the picturesque waters of Florida’s coastline is a dream come true for many. However, the recent enactment of Senate Bill 606, known as the “Boating Safety Act of 2022,” has brought about significant changes for bareboat charter companies operating in the state.
Continue Reading Smooth Sailing Ahead: Mastering the Requirements of Florida’s Boating Safety Act
Hurricane Clean-Up: Tips for Handling Abandoned Vessels on your Property
Last week, Southwest Florida felt the wrath of Hurricane Ian. With the surplus of vessels around the Southwest Florida area, property owners are finding vessels washed up on their properties or left abandoned in the waters around them. This spurs the question,
“What do I do if a vessel is on my property due to Hurricane Ian?
First, a property owner can always attempt to locate the registration number on the vessel’s side to ascertain who the owner is. Once the owner is determined, the property owner can demand the vessel’s rightful owner remove the vessel from the property.
Additionally, a property owner can report the vessel to Florida Fish and Wildlife Conservation Commission (FWC). FWC will collect a fee for beginning an investigation, conduct an investigation under Section 705.103, Florida Statutes, and determine the vessel’s owner. If the vessel’s owner does not remove the vessel, it could be declared “derelict” by the Florida Fish and Wildlife Conservation Commission. In Florida, a vessel is considered derelict when it is left stored or abandoned in a wrecked, junked or demolished condition on public waters or private property without the consent of the property owner.Continue Reading Hurricane Clean-Up: Tips for Handling Abandoned Vessels on your Property
Bareboat Charters: Things to Consider
In Florida, we are lucky to have a year-round boating season. However, with so many boats here in Southwest Florida, boat owners often look for ways to maximize their boats’ usage and, of course, their profitability. Boat owners can maximize profitability and limit liability by renting their boats under bareboat charter arrangements.
What is a Bareboat Charter?
A bareboat charter is a vessel that is leased by the owner to another person (a “charterer”) for a period of time without captain and crew. The person leasing the vessel is then responsible for the entire vessel’s operation and any captain and crewing requirements. For a valid bareboat charter, the vessel owner must completely relinquish “possession, command, and navigation” of the vessel.
Elements of a valid Bareboat Charter:
- The charterer must have the option of selecting and paying crew, although the owner may require general levels of proficiency for the crew that is retained based on federal statutes;
- The master/crew are paid by the charterer;
- All food, fuel, and stores are provided by the charterer;
- Insurance is obtained by the charterer;
- The charterer is responsible for the safe navigation of the vessel;
- The charterer may discharge, for cause, the master or any crew member without referral to the owner;
- The vessel is surveyed upon its delivery and return.
What are the benefits of a Bareboat Charter?
Mandated Monitoring Attempts to “Hook” Charter Boat Captains 24/7
A group of charter boat captains are making waves by challenging NOAA Fisheries plan to monitor charter boats in the Gulf of Mexico. Last July, NOAA Fisheries issued a mandate requiring charter boats to allow federal agencies to monitor 24-hour GPS devices on their boats. The rule, which has since been delayed would affect an estimated 1,700 charter boat captains, including many in Lee County.
NOAA New Rule
The new rule requires charter boat captains to submit an electronic fishing report (or logbook) using federally approved hardware and software with GPS location capabilities. Along with the transmission of fish-related information, captains are “required to report certain business data: charter fee, fuel usages, fuel price, number of passengers, and crew size.” Prior to departing for any trip, charter boat captains must declare the type of trip, whether for-hire or not, and details of the expected completion. NOAA states the new rule is intended to
improve the best scientific information available for regulatory decisionmaking; increase the accuracy of economic impacts and value estimates specific to the for-hire industry; and will support further value-added research efforts and programs aimed at increasing net benefits to fishery stakeholders and the U.S. economy.”
Captains’ Concerns
Continue Reading Mandated Monitoring Attempts to “Hook” Charter Boat Captains 24/7