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| | | Q. I own a 15' Bass boat. I fish year round, but only operate as a fishing guide one or two days a year. I already have a Kentucky Hunting & Fishing Guide license. Must I have a Coast Guard license?
Yes. When you take out a paying client, you must have a Coast Guard license in your possession. However, you do not need a Coast Guard license when you are operating your own boat for pleasure purposes (i.e., you are not operating with any passengers for hire).
Q. Why does the Coast Guard require me to hold a license when I usually carry just one or two passengers for hire?
As with other modes of transportation, many years ago the U.S. Congress insisted that passengers on vessels be afforded the same level of protection as those using other forms of public conveyance. In addition to requiring vessel operators to have the skills and knowledge necessary for safe operation (as demonstrated in order to obtain a license), they also wanted to reduce the threat of vessel casualties caused by operators under the influence of illegal drugs or alcohol. To meet those goals, they passed legislation requiring licenses and drug testing- The Coast Guard is the primary federal agency with the responsibility to enforce those regulations on vessels.
Q. Where can I find a copy of the law that requires a license?
Title 46 of the U.S. Code (USC), Chapter 89, Sections 8902 and 8903. The implementing regulations are in Title 46 Code of Federal Regulations (CFR) 15.605 and ~5.805. The regulations that describe the requirements for obtaining a license are found in 46 CFR, Part 10. 46 CFR 10.205 details the specific prerequisites for a license. A copy of the regulations can be purchased from the U.S. Government Printing Office at (202) 512-1800. Some public and law libraries also hold these regulations.
Q. OK, I know I need a license if I carry passengers for hire, what about my competition? Suppose they decide to continue operating illegally?
The Coast Guard will work with them to ensure that they understand the regulations. If they continue to operate illegally, they will be operating in violation of federal law and will be subject to enforcement actions, including the assessment of civil penalties up $10,000 for each day of violation. |
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