The first thing you should do is start documenting your time on the water as you will need it to obtain your USCG Captains license. This is required on the Whitefish Chain as well as Gull, Leech, Winni, Cass, Pokegama, Rainy, Crane, Red, Namakan, LOW, among others as well as many of the rivers in the state.
Following is a couple of statements from the Coast Guard regarding possible fines for unlicensed operators and persons who charter unlicensed operators. One single instance of unlicensed operation can result in fines of $30,000 for the operator and $25,000 for the people who hire the unlicensed operator. (Sorry for the caps but that is the way it was posted it on the web.)
> UNITED STATES COAST GUARD
> DEAR PRUDENT MARINE ENTHUSIAST:
> THIS LETTER IS INTENDED TO FAMILIARIZE YOU WITH THE LAWS REGARDING
> CHARTERING OR OPERATING A VESSEL FOR HIRE.
> SOUTH CAROLINA OFFERS UNLIMITED OPPORTUNITIES TO ENJOY ACTIVITIES ON THE
> WATER AND CAN LEAVE YOU WITH MANY HAPPY MEMORIES WHEN SAFELY DONE.
> HOWEVER, MUCH LIKE THE FAMOUS EXPRESSION, “LET THE BUYER BEWARE” COVERS
> THE PITFALLS OF MAKING A NEW PURCHASE, A NEW EXPRESSION, “LET THE MARINE
> ENTHUSIAST BEWARE” APPLIES TO THE BOATING PUBLIC. YOU SHOULD BE AWARE THAT
> CHARTER FISHING BOATS MUST HAVE A LICENSED OPERATOR. EXCURSION BOATS MUST
> HAVE A LICENSED OPERATOR. SCUBA DIVING PLATFORM BOATS MUST HAVE A LICENSED
> OPERATOR. IN OTHER WORDS, IF YOU ARE BEING CHARGED IN ANY; WAY FOR THE
> SERVICES PROVIDED BY THE VESSEL, THEN THE OPERATOR OF THE VESSEL MUST HAVE
> A COAST GUARD LICENSE.
> THE ONLY WAY TO ENSURE THE OPERATOR HAS A LICENSE IS TO SEE IT. THE
> OPERATOR IS REQUIRED TO HAVE IT WITH HIM JUST LIKE YOU ARE REQUIRED TO
> HAVE YOUR DRIVER’S LICENSE WITH YOU WHEN OPERATING A MOTOR VEHICLE. THE
> LICENSE WILL EXPLAIN THE SIZE AND TYPE OF VESSEL THE OPERATOR CAN DRIVE
> AND THE WATERS ON WHICH HE OR SHE IS AUTHORIZED TO OPERATE. PLEASE PROTECT
> YOURSELF AND MAKE SURE YOUR SEE A LICENSE BEFORE THE VESSEL LEAVES THE
> PIER. MOST OPERATORS POST THEIR LICENSE ON THE VESSEL NEAR THE OPERATING
> STATION. IF THE LICENSE IS NOT POSTED, THEN ASK TO SEE IT.
> THE VESSEL OPERATOR IS THE MOST IMPORTANT FACTOR IN BOATING SAFETY. THE
> OPERATOR CONTROLS THE SPEED AND DIRECTION OF THE VESSEL OR WHETHER THE
> VESSEL GETS UNDERWAY AT ALL. THIS INDIVIDUAL MUST HAVE THE EXPERIENCE AND
> TRAINING NECESSARY TO MANAGE NORMAL OPERATIONS AND UNFORESEEN
> CIRCUMSTANCES. BECAUSE OF THE IMPORTANCE OF THIS POSITION IN GUARANTEEING
> THE SAFETY OF THE PAYING PUBLIC, THE U.S. COAST GUARD PROHIBITS PERSONS
> FROM SCHEDULING, CHARTERING, OR ARRANGING PASSENGER FOR HIRE TRIPS ON U.S.
> NAVIGABLE WATERS ON VESSELS THAT ARE OPERATED BY UNLICENSED INDIVIDUALS.
> BOTH THE CHARTERER AND THE VESSEL OPERATOR COULD BE SUBJECT TO A $25,000
> CIVIL PENALTY. ADDITIONALLY, LICENSED PERSONNEL IN VIOLATION OF THESE LAWS
> MAY HAVE THEIR LICENSES SUSPENDED OR REVOKED.
> PLEASE CALL MY INVESTIGATIONS DEPARTMENT AT (843) 724-7690 IF YOU HAVE ANY
> QUESTIONS.
> SINCERELY,
> F.J. STURM, COMMANDER U.S. COAST GUARD, OFFICER IN CHARGE, MARINE
> INSPECTION
>
>
QUESTION: “Do Mates working aboard Uninspected Passengers need to be in a
random drug testing program?”
————————-
ANSWER: by LTJG Michael Block, Ninth District Drug and Alcohol Program
Inspector
Operators and Mates employed onboard Uninspected Passenger Vessels (UPV)
must be in a random drug testing program. 46 Code of Federal Regulations
(CFR) Part 16, the Chemical Testing regulations, states that anyone employed
a vessel involved with the “safe operation” of the vessel, must be in a
chemical testing program.
You may argue that the Mate is only responsible for the fishing aspect of
your charter. However, “operation” is defined in 46 CFR 16.105 as “to
navigate, steer, direct, manage, or sail a vessel, or to control, monitor,
or maintain the vessels main or auxiliary equipment or systems. Operation
includes determining the vessels position, piloting, directing the vessel
along a desired track line, keeping account of the vessel’s progress through
the water, ordering or executing changes in course, rudder position, or
speed and
maintaining a lookout. Controlling operating, monitoring, maintaining, or
testing: the vessel’s propulsion and steering system; electrical power
generator; bilge, ballast, fire, and cargo pumps; deck machinery including
winches, windlasses, and lifting equipment; lifesaving equipment and
appliances; firefighting systems and equipment; and navigation and
communication equipment; and mooring anchoring and line handling; loading or
discharging cargo or fuel assembling or disassembling of tows; and
maintaining the vessel’s stability and watertight integrity.”
With the size of vessels that are typically used for UPV charters, and the
high level of professionalism that I have observed from UPV Mates, I cannot
imagine any Mate sitting back and not doing any or many of the above duties
on a day-to-day basis. The first person that the passengers would look to
for help during any kind of underway disaster is the crew, including the
Mate.
Therefore, it has been determined that everyone employed an UPV must be
subject to random drug testing. Remember also that there is no minimum age
provision for chemical testing, so if your thirteen year old son or daughter
is the Mate, they need to be in a random program as well. There are only two
things that you can be while aboard an underway UPV;
member of the crew, or a passenger.
If your Mate is not in a random drug testing program, then he or she is one
of your six passengers, no exceptions. Any deviation from these regulations
can be punishable with a civil penalty up to $5000.00 per day, per
violation.
LTJG Michael Block
Ninth District Drug & Alcohol Program Inspector
USCG MSO Toledo
420 Madison Ave. Ste. 700
Toledo, OH 43604
(419) 418-6031
[email protected]
