Several on-water tragedies have marred an otherwise beautiful summer at the Jersey Shore. While these onwater incidents happen every season, most are avoidable. First and foremost, it should come as no surprise that alcohol is the leading known contributing factor in all fatal boating accidents; according to the folks at Sea Tow, roughly one out of every five boating deaths in 2024 were the result of boating under the influence.
In addition to impaired boating operation comes operator inattention, what Sea Tow calls a leading contributing factor of boat collisions. “Many boaters underestimate the level of concentration required to operate a vessel safely,” the 24/7 on-water assistance and towing company said, adding “Unlike driving a car, where roads have clear markings, controlled intersections, and stoplights, the open water can be unpredictable.”
And then, there are the unqualified captains. In August, a mother and her 5-month-old baby died after a vessel carrying 14 people overturned in New York Harbor. The 21-foot boat’s “captain” now faces federal counts of misconduct or neglect of a ship officer resulting in death. According to the official complaint filed in New York the “captain” had been piloting the boat without proper licenses, the vessel itself being over-capacity with no infant life vests onboard.
I use quotation marks around “captain” because authorities have charged him with operating illegally. “An illegal charter is any passenger-for-hire boat operation that violates federal safety regulations,” the U.S. Coast Guard said in an August 17th bulletin, adding, “This includes operating without a captain who holds a valid Merchant Mariner Credential, carrying more paying passengers than the vessel is certified to hold or lacking a required Coast Guard Certificate of Inspection.”
“Too often, illegal charters put passengers on the water with an unlicensed captain, an uninspected vessel – or both – and passengers may have no idea until something goes wrong,” said Rear Admiral Zeita Merchant, commander of the Coast Guard East District. “Our top priority is protecting the public and supporting safe, legal passenger-for-hire operations on our waterways and ensuring anyone who pays to board a boat gets home safely. That means holding illegal operators accountable and giving passengers the information they need to recognize a legal operation before they ever leave the dock.”
Federal law imposes steep penalties on illegal charter operators who continue operating after being ordered to stop. Violators face civil penalties of up to $117,608 for each day the vessel remains in violation, while willful or knowing violation is a felony punishable by up to 6 years in prison and fines of up to $250,000 for an individual. Those found to be running charters without a Coast Guard Certificate of Inspection for vessels carrying more than six passengers for-hire, failure to be enrolled in a drug and alcohol testing program, or failure to produce a valid Certificate of Documentation for vessels over 5 gross tons, are also subject to initial fines of up to $20,000.
According to the U.S. Coast Guard, the growing use of boat-sharing websites and mobile apps has made it easier than ever for unlicensed operators to advertise directly to the public, and many passengers don’t realize their trip is illegal until a enforcement crew boards the vessel.
You’ll find a comprehensive list of licensed charter captains in the report section of The Fisherman; if you’re looking for a truly qualified captain, trust those licensed operators you see in The Fisherman. But however you find your charter, it’s more than okay to request to see their Merchant Mariner Credentials. And if you’re getting a bargain price well below local market value – especially from the world of social media – I would highly recommend you do just that!
To report illegal charter operations call the U.S. Coast Guard’s National Response Center at 877-24WATCH (877-249-2824). For immediate danger to life or property, dial 911, or call the U.S. Coast Guard on VHF-FM Marine Channel 16.
