What constitutes a "Charter" - Pensacola Fishing Forum

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Old 07-14-2013, 02:40 PM   #1
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Default What constitutes a "Charter"

I know this has probably been beaten like a dead horse but forgive me for missing it.

I'm looking for someone who KNOWS the answer and can provide PROOF such as a State or Federal document.

what constitutes a charter?

I think many on here spit expenses with the boat owner (Gas, bait, ice, launch fee, etc) does splitting of expenses constitute a charter? What if the Owner shares in none of the expenses. For instance the owner plus 4 people go, they split the expenses 4 ways with the owner going for "free" (Not really, he/she has the expense of the boat)
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Old 07-14-2013, 02:47 PM   #2
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It's pretty simple actually, just goes by the term "for hire" so if it was friends and split expense then the captain wasn't for hire.
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Old 07-14-2013, 02:49 PM   #3
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sounds simple enough, where can I find state or US law to PROVE that

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It's pretty simple actually, just goes by the term "for hire" so if it was friends and split expense then the captain wasn't for hire.
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Old 07-14-2013, 02:55 PM   #4
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I think "technically" if the Owner doesn't chip in a fair share it could be considered "for hire".

A Charter Captain or Boat License is required to carry paying customers (where a fee is paid directly or indirectly) for the purpose of taking, attempting to take, or possessing saltwater fish or organisms.

http://myfwc.com/license/saltwater/c...shing/charter/

I say "technically", but you could argue wear and tear on the boat and motor is the Owner's "fair share" I guess. I'd be okay doing that on somebody else's boat.

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Old 07-14-2013, 02:59 PM   #5
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Post this in the Ask FWC. He should have the info.
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Old 07-14-2013, 03:04 PM   #6
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Originally Posted by Deeplines View Post
Post this in the Ask FWC. He should have the info.
That section is no more.
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Old 07-14-2013, 03:06 PM   #7
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Quote:
Originally Posted by Billybob+ View Post
I know this has probably been beaten like a dead horse but forgive me for missing it.

I'm looking for someone who KNOWS the answer and can provide PROOF such as a State or Federal document.

what constitutes a charter?

I think many on here spit expenses with the boat owner (Gas, bait, ice, launch fee, etc) does splitting of expenses constitute a charter? What if the Owner shares in none of the expenses. For instance the owner plus 4 people go, they split the expenses 4 ways with the owner going for "free" (Not really, he/she has the expense of the boat)
Billy Bob,

Why do you need this information? Might help quoting you the law you need.
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Old 07-14-2013, 03:16 PM   #8
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Quote:
Originally Posted by jim t View Post
I think "technically" if the Owner doesn't chip in a fair share it could be considered "for hire".

A Charter Captain or Boat License is required to carry paying customers (where a fee is paid directly or indirectly) for the purpose of taking, attempting to take, or possessing saltwater fish or organisms.

http://myfwc.com/license/saltwater/c...shing/charter/

I say "technically", but you could argue wear and tear on the boat and motor is the Owner's "fair share" I guess. I'd be okay doing that on somebody else's boat.

Jim
Doesn't matter if the owner pays a "fair share" or not. Technically if the owner gets compensation directly or indirectly, captain has to have to have a license. Not to say it doesn't happen every day of the week somewhere or that it is right. Just answering the question.

At the same time, I can't remember of ever hearing anyone being ticketed or prosecuted for splitting expenses.
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Old 07-14-2013, 03:26 PM   #9
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Ok guys, in black in white.

Look up public law 103-206 section 507. Signed into law under President Clinton.
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Old 07-14-2013, 03:27 PM   #10
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Quote:
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That section is no more.
Damn, that didnt last long.
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