b'COAST GUARD MATTERS:Credentialed Masters Beware:COAST GUARDOperating as a Bareboat Charter CaptainBY LCDR JEFF BENDER // PASSENGER VESSEL ASSOCIATION,COAST GUARD INDUSTRY TRAINEEA sbareboatcharteringrecreationalto the charterer/renter of the vessel during abefoundin46CodeofFederalRegulations vesselsbecomesmoreprevalent,sospecifi ed amount of time. With this transfer(C.F.R)Part175wherethedistinctionis does the desire to hire a vessel captain.made between crew provided or not provided. In most instances, boat owners are requiringU.S.CoastGuardNavigationandVessel a knowledgeable captain for the operation ofUnderstandingInspection Circular (NVIC) 7-94 off ers seven their vessels to primarily ensure the safety ofinterpretations of how ownership is transferred their property. Because of this, more and morewhat a bareboatto the charterer/renter and should be referenced U.S. Coast Guard Credentialed mariners arecharter is andpriortocommencingbareboatcharter being utilized for the operation of bareboatoperations.Onceacharterer/rentercorrectly charters due to their experience and enhancedis not becomesbareboat charters a vessel they become the de safety training. While operating as a bareboatfacto owner of the vessel and assume all liability charteroperatormaybelucrative,thereessential forofthevesselsoperationsthroughoutthe aresomeveryimportantissuesonemustprotectingduration of the charter agreement. However, if a understandpriortoacceptingapositionbareboat charter arrangement is not performed onboard these vessels. oneself from legalcorrectly, it presents a high probability for law ramifi cations. enforcementactionagainsttheoperatorof A bareboat charter when arranged correctly,the vessel, and if the operator possesses a U.S. isconsideredoperatingasarecreationalCoast Guard issued credential, law enforcement vessel that requires an operator possess onlyactionsmayincludesuspensionand a state boating license or accepted equivalentofownership,thecharterer/renteroftherevocation proceedings.(seeyourstatesboatingrequirementsforvessel must have the option of selecting the specifi cs).Acorrectlyarrangedbareboatcrew and may discharge that crew if desired.Understanding what a bareboat charter is and charter means that ownership is transferredTherequirementofcrewselectioncanis not becomes essential for protecting oneself from legal ramifi cations. A bareboat charter is anacquisitionofequipmentforrecreational use.Forallintentsandpurposes,itisthe transfer of money to a boat owner, or owners representative,fortheuseofavesselonly, very much like renting a car. Once the vessel is acquired by the charterer/renter it can then be utilized for their recreational enjoyment ast they see fi with a limitation of 12 passengers (not including the crew or vessels charterer). Unlikerentingacar,noteveryonepossesses the knowledge and/or license to operate a boat and may want to hire an individual to operate it for them. A charterer/renter may hire a crew to operate the vessel, but this arrangement must be conducted separately from the vessel acquisition agreement. Simply put, the owner of the vessel may not provide or specify the crew. While an owner may provide a list of acceptable operators thechoiceandpaymentoftheindividual resides with the charterer/renter of the vessel COAST GUARD MATTERS 34 FOGHORN'