Article by Capt. Mark Sampson
A while back I got a call from a fellow who was looking for information about one of the captain’s classes I teach during the winter months. The classes are designed to help folks learn what they need to know to become better and safer mariners and hopefully pass the required Coast Guard examination to get a captain’s license. The fellow was, how should I say, “quite full of himself” as he told me about all the years he’s been fishing off Delmarva, all the fish he’s caught, and the boats he’s had. Some of you might know him as the kind of guy who can make a four-hour trip on a boat seem like twenty-four! For the sake of anonymity, let’s just call this guy “Flounder”.
In the process of telling me all about his exploits, Flounder also bragged that because he catches so many fish, people have been paying him for years to take them fishing, but since he doesn’t have a captain’s license and hears that the Coast Guard is cracking down on folks running charters without a license, he figured he’d find out what was up with getting one.
At that point he actually shut-up long enough for me to get a few words in. While there was a whole lot I wanted to say to Flounder, as I had already been on the phone with him longer than I wanted to, I simply informed him of our class schedule, fees and procedures and let it go at that. After relaying one more “hard to believe - but thankfully short” fishing story, Flounder told me he’d call back if he decided to take the course. We hung up and I never heard from him again. The reason I brought that story up was so that I could work into a discussion of similar “Flounders” in this world who also run charters without having a proper captain’s license which, by law, anyone who carries passengers for hire must have.
The law defines a “passenger for hire” as “…a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel…” In other words, if it’s understood that your buddy will not take you out on his boat unless you agree to pay a portion of the fuel bill, bring the food, supply the bait, or provide other forms of compensation - then you could be considered a passenger for hire. However, if out of the kindness of your heart, you decide to pay for or provide any needed items for the trip, then it’s just considered a bunch of friends fishing or cruising together and not a charter trip. Which is the way most folks probably go about handling the sharing of expenses for their boating trips anyway and there’s nothing wrong with that.
What’s not allowed is for an unlicensed skipper to be out working on his boat one day when someone comes down the dock and says, “Hey Flounder, a friend told me you’ve been catching fish pretty good lately. Is there any way my son and I could hook a ride to fish with you this week?”
“Sure buddy” Flounder replies, “if you can cover the fuel, bait, and ice, I can get you out there to catch a few fish”.
In that case Flounder has just chartered his boat and hired himself out as a fishing guide. Which, because he has no license, is against the law. But to some folks going out with Flounder makes a lot more sense than paying a higher price to go on a real charter fishing boat with a legitimate captain. After all, Flounder seems like a nice guy, he’s got a good boat and everyone agrees that he catches a lot of fish. If he gets in trouble for running charters without a license, it’s his neck not yours, so why not go with a good fisherman at a cheaper price?
The best way I know how to answer that question is with another question. Why not take your dog to someone whom you hear is good with animals but isn’t a licensed veterinarian? Why not have a friend wire the addition on your home rather than use a licensed electrician? Or why not take your sick child to your neighbor, who used to be a nurse, than to a legitimate doctor?
Obviously, the answers to all those questions center around safety, quality, training and certain standards that had to be met before people in those professions could be licensed.
With virtually no training or experience, anyone can buy and operate a boat. But are they safe operators? Are they going to know what to do to keep their passengers safe when problems arise or sea conditions get bad? Have they been trained in first-aid or CPR? Are they enrolled in a random drug testing program? Do they meet certain physical standards that would allow them to safely perform normal duties aboard a boat? Do they carry insurance that will cover injury or losses by passengers? Do they have the necessary state and federal fishing licenses and permits to cover everyone aboard? And since folks like Flounder don’t run charters for a living, but only do it as a way to make a few extra bucks to help finance their fishing habit, will they treat those who pay to go out with them as valued customers who they hope will have such a good time that they will want to come back and fish again?
Certainly there are skippers out there who hold captain’s licenses but still fail to meet all of those standards. But at the very least, when they originally got their license and then every five-years when they renew it, the Coast Guard deemed them qualified to operate a vessel carrying passengers for hire. In every port there’s a risk of running into people who will be willing to risk the safety of others for the opportunity to make a few bucks. Before stepping aboard a boat with someone like Flounder folks should ask themselves, “Is there a reason why this guy isn’t licensed”? And remember, even though his name is “Flounder” it may be no “fluke” that he’s not a legitimate captain!
Capt. Mark Sampson is an outdoor writer and captain of the charter boat, “Fish Finder”, docked at the Ocean City Fishing Center. During the winter months, Capt. Mark runs charters in the Lower Keys.
