Maritime Law

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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 CharterIn 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:

  1. 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;
  2. The master/crew are paid by the charterer;
  3. All food, fuel, and stores are provided by the charterer;
  4. Insurance is obtained by the charterer;
  5. The charterer is responsible for the safe navigation of the vessel;
  6. The charterer may discharge, for cause, the master or any crew member without referral to the owner;
  7. The vessel is surveyed upon its delivery and return.

What are the benefits of a Bareboat Charter?

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Continue Reading Bareboat Charters: Things to Consider

Maritime GPSA 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

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Continue Reading Mandated Monitoring Attempts to “Hook” Charter Boat Captains 24/7

sailboats in a marinaHurricane 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.

In advance

  • Check your personal dockage, or speak to your marina regarding storm preparations and securing your vessel;
  • Many marinas will offer emergency mooring or dry dock provided you have contacted them well in advance — in fact, reserve now for next season — to secure space during an emergency;
  • Update your boat inventory and supply lists, photograph the vessel and all important equipment and inventory; and,
  • Copy and protect your boat insurance policy, registration and documentation, any lease agreements with marinas or storage facilities, photos, and inventory lists and store them in a safe location.

When a storm is imminent

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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.

Before You Go

  • Identify your budget and the type of boat you are interested in. Don’t forget to consider costs for maintenance, storage, insurance, and registration/documentation.
  • If you’re planning to finance your purchase, consider qualifying in advance.
  • Review the shows exhibitor list before you go, and identify the brands, dealers or specific boats you are interested and visit those dealer and manufacturer websites in advance. Most shows also have online maps available in advance so you can plot your course.
  • Prepare a list of questions for the professionals. Boat shows are crowded and time is limited. Have a list of questions in advance. These could include questions about warranties, servicing, financing, training, storage and delivery.

Dress Comfortably

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Continue Reading Maritime Law: Boat Show Checklist

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 waters…

Continue 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.

Hull Survey vs. Full Survey

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.

Seaworthiness

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Continue Reading Maritime Law: Why is a Survey Needed When Purchasing a Vessel?

Recreational boat owners in Florida are required to either register their vessels with the state of Florida or document their vessels with the U.S. Coast Guard. There are many factors to consider when choosing between state registration and U.S. documentation.

Registration

Chapter 328, Florida Statutes, designates that DHSMV is responsible for issuing vessel registrations and titles. Applications for titles and registrations must be filed at a county tax collector or license plate agent office. The certificate of registration must be carried on board the vessel whenever it is in operation and the decal must be displayed near the registration number on the port (left) side of the vessel. You can find more information on the Florida Highway Safety and Motor Vehicles website.

Documentation

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Continue Reading Maritime Law: What You Need to Know About Registration and Documentation Before Buying a Boat

In order to better protect yourself and your property, it’s a good idea to have a discussion with your insurance agent and/or your maritime lawyer about your vessel, its intended use and operation, the potential for claims and the marine insurance coverage that may be available to you.

Hidden Exclusions

Many people with significant claims after an accident, that could and/or should have been insured against and covered from, are not covered because of an exclusion or limitation that was buried in the insurance policy. These denials often could have been avoided had the person purchased a more favorable insurance policy from a different carrier. The insurance policy need not cover just the vessel, but also needs to cover you, and your passengers, in the event of an accident. If there is a serious accident, any good personal injury attorney will want to go beyond the policy limits and try to hold you personally liable.

Who, What, Where

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Continue Reading Maritime Law: What You Need to Know About Insurance Before Buying a Boat