Coast Guard investigators at Lake Tahoe; Six boats cited and fined

SOUTH LAKE TAHOE, Calif. - To operate a boat charter company on Lake Tahoe there are rules and regulations one must follow in order to be in legal compliance with the U.S. Coast Guard or face fines and citations, something six local boat operators are now facing.

For the past week, four Coast Guard investigators were in the area to ensure federal charter vessel regulations were being followed. If a boat is operated as a recreational vehicle by its owners there is no limit on passengers. If the boat is operated as a Charter Vessel with no crew provided, it is limited to 12 passengers and a written contract is required. The company cannot provide their own captain and one must be hired elsewhere. If a charter operates as an Uninspected Passenger Vessel and it is under 100 Gross Register Tons (GRT) it can carry up to 6 passengers; if greater than 100 GRT it can carry up to 12 passengers.

Prior to coming to the lake, the four investigators searched the internet for charter boat advertisements around Lake Tahoe. Once in town, they visited marinas and docks around the lake to ensure compliance of the rules, and for two days the spent their time on the water, completing their investigations and contacting boaters.

During the week they made contact with the operators of 150 vessels, finding six illegal charter operations. According to Lt. Andrew M. Cole, Coast Guard Sector San Francisco investigator, all six will be cited and fined. He said he couldn't reveal the names of the operators but they are working with them to get into compliance with regulations. Fines normally range from several hundred to a few thousand dollars though one illegal boat charter in Chicago was fined $80,000.

Two of the illegal boats caught were operating in Incline Village with the other four in South Lake Tahoe. The local violations included a lack of Certificate of Inspection from the Coast Guard for operating a charter for more than 6 people and using a "bareboat" charter with 15 people on board (instead of the legal limit of 12). They also lacked a bona fide drug and alcohol testing program.

While in Lake Tahoe, Lt. Cole and his team worked with the El Dorado County Sheriff's Office and Douglas County Sheriff's Office on the lake.

The investigators plan on making trips to Lake Tahoe part of their regular compliance check schedule instead of the current random trip.

Boaters should expect the Coast Guard to be actively engaging with operators to promote safe and legal passenger vessel operations as all boats carrying passengers for hire are required to hold a Coast Guard license and meet minimum safety standards.

What are the most common charter vessel errors?

According to the Coast Guard brochure:
1. A charter vessel may NOT carry more than 12 passengers without a Certificate of Inspection
2. A charter contract may not provide a crew, the charter must be able to select a crew and have the ability to discharge the crew.
3. The owner of the vessel may NOT be the vessel master or part of the crew. The vessel owner is not allowed on board during a charter.
4. A charter vessel may NOT carry more than 12 passengers while moored. A charter vessel is considered to be “carrying” passengers whether moored or underway.
5. The charterer is not considered a passenger, and there can only be one charterer, even though the vessel may be chartered by several individuals. In
this case, one person would be considered the charterer and the rest would be counted as passengers.

"Our top concern is passenger safety," said Lt. Anna Funk, Coast Guard Sector San Francisco investigator. "If someone gets underway on an unlicensed, unregulated charter boat, they could be putting themselves and their loved ones in danger. Illegal charter boats and crews have no oversight and may not have the experience or equipment to ensure passengers are safe."

Those renting or chartering boats can ask the operator if they have the required Coast Guard Credentials. There should be a sticker on the boat with the valid dates. If the company offers a captain for the boat, make sure the cost is not included in the price and hired from a separate source.

Requirements can be found at www.uscg.mil/pvs/ and at http://www.uscgboating.org/.

To verify a captain's license, verify the inspected status of a vessel carrying more than six passengers, or if you would like to report an alleged illegal charter operation, please contact the Coast Guard Sector San Francisco Command Center at (415) 399-7300 or SFOSCC@uscg.mil.