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
Boating is a popular pastime in Florida, with its beautiful coastlines and numerous waterways. However, with the enjoyment of boating comes the responsibility of ensuring the safety of all passengers and others on the water. As a maritime lawyer, I have seen the devastating consequences of boating accidents firsthand.
Boater Safety Week, also known as National Safe Boating Week, is an annual event held in the United States to promote safe boating practices and raise awareness about boating safety. The event is typically observed during the week leading up to Memorial Day weekend, which marks the unofficial start of the boating season in many parts of the country.
The origins of Boater Safety Week can be traced back to the early 1950s when the Coast Guard began promoting boating safety through public education campaigns. In 1952, the Coast Guard launched a “Safe Boating Week” program to educate boaters about the importance of safety equipment, navigation rules, and safe boating practices. The program was later expanded to include partnerships with state agencies, boating organizations, and other stakeholders to promote boating safety at the national level.
In 1998, the National Safe Boating Council (NSBC) was established as a nonprofit organization dedicated to promoting safe boating practices and reducing boating accidents and fatalities. The NSBC works closely with the Coast Guard and other partners to develop and promote boating safety initiatives, including Boater Safety Week.
Today, Boater Safety Week is observed in all 50 states and is recognized by boating organizations, government agencies, and other stakeholders as an important opportunity to raise awareness about boating safety and promote safe boating practices. Through public education campaigns, safety demonstrations, and other events, Boater Safety Week helps to ensure that boaters have the knowledge, skills, and equipment they need to enjoy their time on the water safely.
Therefore, in honor of National Safe Boating Week, below are the top five safety issues that Florida boaters need to be aware of to prevent accidents and injuries.
Continue Reading Stay Afloat: Top 5 Safety Issues Florida Boaters Need to Know
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
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.
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:
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.
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.”
Continue Reading Mandated Monitoring Attempts to “Hook” Charter Boat Captains 24/7
Hurricane season runs from June 1 through November 30. We are currently in the peak of hurricane season, as most storms occur in August and September, and the next major storm could be right around the corner.
High winds, storm surge, rising sea levels, and increased tides are just some of the concerns boaters must consider during hurricane season, and preparing your boat is one of the most important ways you can protect your asset.
Continue Reading Preparing and protecting your boat for a hurricane
Effective today, April 1, 2021, the United States Coast Guard (“USCG”) requires operators of recreational vessels less than 26 feet in length to use an engine cut off switch (ECOS) and associated ECOS link (ECOSL) when operating in federal waters. The purpose of the new regulation is to prevent runaway vessels and the danger they pose. An ECOSL attaches the vessel operator to a switch that shuts off the engine if the operator is displaced from control of the vessel, such as when they may fall or be thrown overboard.
Since 2018, the USCG has required all manufacturers of covered recreational boats to equip the vessels with an ECOS. Most vessels are equipped with an ECOS Link. The new provision requires individuals operating recreational vessels with an ECOS Link to use them. Exceptions would include when the boat is idling or docking.Continue Reading Maritime Law: If you boat in federal waters, take note of a new federal law effective today
Regional and larger boat shows are often hosted in late winter and early spring when manufacturers are ready to roll out the years newest products. Here are some quick tips to consider before visiting a boat show.
As a maritime lawyer, I am frequently asked by private and commercial owners whether they need to register their vessels with the U.S. Coast Guard. In short, it depends.
Vessel documentation is a national form of registration that has existed for many years dating back to the 11th Act of the First Congress. Vessel documentation is a national form of registration available for vessels that measure at least five net tons and are wholly owned by a U.S. citizen or citizens. Vessel documentation provides evidence of nationality for your vessel and is used mainly for international purposes. When you document your boat with the U.S. Coast Guard (USCG), you receive a Certificate of Documentation (COD) which is issued by the Coast Guard’s National Vessel Documentation Center (NVDC).
International watersContinue Reading Should I document my vessel with the U.S. Coast Guard?
Obtaining a survey before purchasing a vessel is always advised. Any offer to purchase a boat should always be made contingent on a satisfactory survey and in some cases a sea trial. Courts have recognized the critical role of marine surveyors in maintaining safe sea travels.
The type of survey required will depend on the boat age, condition, value, and date of last survey. It may be that a hull survey is required, or a full survey to include the rig, sails and engine and the equipment on board. If the engines form a substantial part of the value of the boat, you may want to consider having a separate detailed engineer’s report. Or if there are particular technical aspects which you require verification on, make sure to instruct the surveyor on these aspects.
Continue Reading Maritime Law: Why is a Survey Needed When Purchasing a Vessel?