Illegal charter crackdowns

True, but it's not considered a pleasure craft if a vessel does charters and customs is really making it hard for owners with foreign flagged vessels who do FOLLOW the rules to get a cruising permit, because a lot of the ones doing charters haven't been following the rules. And, if it's a charter boat, customs doesn't have to issue a cruising permit and isn't.

Pleasure craft can charter, not illegal, and under free trade is allowed. In fact a foreign flagged vessels can enter the US and pick up a charter and then depart, return after completion, no problem. Customs is operating a bit outside their authority.

It's Not illegal to pick up charters. BUT, CPB does not have to issue a cruising permit to a foriegn vessel that charters. AND, I know for a fact the Port Everglades office is googling the boat name and if they see a charter listing or for sale listing, they are not issueing a cruising permit. I saw them do it to 2 people, while I was renewing a cruising permit. The vessel can come and go from a US port, but everytime you need to go to CBP and get a notice to proceed or a clearance in and surrender your DOCS when you come in. Read the last line of my quote "shall not engage in trade" picking up a charter is engaging in a trade.

"c) In order to obtain a cruising license for a yacht of any country listed in paragraph (b) of this section, there shall be filed with the port director an application therefor executed by either the yacht owner or the master which shall set forth the owner's name and address and identify the vessel by flag, rig, name, and such other matters as are usually descriptive of a vessel. The application shall also include a description of the waters in which the yacht will cruise, and a statement of the probable time it will remain in such waters. Upon approval of the application, the port director will issue a cruising license in the form prescribed by paragraph (d) of this section permitting the yacht, for a stated period not to exceed one year, to arrive and depart from the United States and to cruise in specified waters of the United States without entering and clearing, without filing manifests and obtaining or delivering permits to proceed, and without the payment of entrance and clearance fees, or fees for receiving manifests and granting permits to proceed, duty on tonnage, tonnage tax, or light money. The license shall be granted subject to the condition that the vessel shall not engage in trade or violate the laws of the United States in any respect."

https://www.law.cornell.edu/cfr/text/19/4.94

Only if the charter is for "profit". ( the charterer is the one engaging in trade usually) the last sentence flies in the face of the free trade agreement, ( so I am informed by US customs in Seattle in slightly different language). Not a surprise that Florida does things different even though supposed to be same Federal laws across all States. Luckily it's not my problem to have to deal with.

They ALMOST didn't give me a cruising permit for a Canadian owners 37' Boston Whaler, after I ran the **** thing 50 miles to Bimini and 50 miles back on the same day!!!!!!!!!!!!! They kept asking me...….does the owner use the boat? Yes. When is he using the boat? I don't know...….(that wasn't good enough), so I said he owns a house in Deerfield and uses it every couple of weeks...…..Does the owner or you take anyone out for money or hire on this boat? NO......they kept asking me...….I finally showed them a picture of the boat, and that was the end of the discussion!......LOLOLOL

I'm all for the crackdown and would love to see them take even more aggressive measures against the offenders, especially the regular and repeat offenders. I'd like to see prosecution on as many charges as possible and if there is a legal way with the available criminal charges even an arrest of some boats used in the commission of the crimes.

I’ve seen that no rules boat in Miami many times. Always loaded with 3 hot girls to each guy, and 40 people on it. It’s a 58’ riviera enclosed bridge I believe.

Wow. He rented it for $9000 for a day charter. That's is insanely cheap. LOL.

Wow. You're being far too charitable when you describe it as being 'poorly written.' I've seen high school papers put out a better product than this. It sounds like the USCG gave this guy every opportunity to comply with federal law and in doing so, gave him all the rope he needed to hang himself.

As an aside, boaters need to be mindful that any false statement and/or intentinal misrepresentation to a federal law enforcement officer (which includes officers of the USCG, National Park Rangers and US Fish and Wildlife Service Special Agents, all of whom coastal boaters can encounter) is punishable under 18 U.S.C. § 1001. Anyone who lied to the USCG as the captain instructed could have been charged with a felony. That's bad, just ask Martha Stewart.

Got a new cruising permit for the boat. I got 60 days and had to write a note to not charter in us waters. Which is fine, but they admitted the rules were confusing and they were working on cleaning it up

You could set up a Florida LLC for a few hundred bucks. Pay $18k in Florida sales tax, and never have to worry about it again.

Yes, but not be able to hire foreign crew.

And when you are trying to get freelance Ste or chef at last second for charter this is a very very big plus. Even in Bahamas a boat is to follow us flag rules but enforcement seems unlikely. Maybe an insurance risk.

Or in MT/DE which has no sales tax. Or an IBC like we use in IE - 12% tax

there is a 18K sales tax maximum for yachts in Florida even if you are a Florida LLC...correct?

the sale is not exempt is it?