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Chartering in US & Coastwise

Discussion in 'General Yachting Discussion' started by Gulfer, Mar 27, 2021.

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  1. Gulfer, Mar 27, 2021
    #1
    Gulfer

    Gulfer Member

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    The fun n gun days of the bareboat loopholes we all loved are over. The law hasn't changed, but it is being enforced strictly now. Apparent , 15 captains were arrested recently

    The charter guest has to select their own crew from a pool of qualified applicants, or bring their own crew. They aren't letting it slide how they used to. If it's the regular full time crew they know what that means.
    • The charter guest has to pay the insurance.
    • The charter guest has to pay the crew.
    Unfortunately we can't comply with the current law and enforcement.

    Our boat lost its coastwise endorsement, due to a previous owner foreign flagged the boat. So, while we are now a US boat, US built boat (Westport), and US Crew. And of course is in good standing with US laws and Coast Guard

    So apparently if the vessel is over 200 GT no, you cannot go back to coastwise if it was foreign. That is just the way the law is written.

    has anyone had experience with this?

    Thanks
  2. NYCAP123, Mar 27, 2021
    #2
    NYCAP123

    NYCAP123 Senior Member

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    Merchant Marine Act of 1920 (Jones Act)
  3. Gulfer, Mar 27, 2021
    #3
    Gulfer

    Gulfer Member

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    Yep. It’s strange to me, that once foreign flagged it can never be repatriated.

    sorry, I forgot to mentioned we’re US Flagged now
  4. NYCAP123, Mar 27, 2021
    #4
    NYCAP123

    NYCAP123 Senior Member

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    The licensed and certified businesses weren't too thrilled with the loopholes and lack of enforcement. The Act protects U.S. jobs from manufacturing to crew.
  5. Norseman, Mar 27, 2021
    #5
    Norseman

    Norseman Senior Member

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    Some guys can go commercial with a foreign built vessel by some act of Congress, perhaps you can go that route as well..?

    (I got around the Coastwise requirement, but can only be done with a smaller boat, found a loophole)
  6. Gulfer, Mar 27, 2021
    #6
    Gulfer

    Gulfer Member

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    I found this, well actually my Captain. A marad waiver. https://maritime.dot.gov/ports/domestic-shipping/small-vessel-waiver-program

    It sort of looks promising, as we are obviously US Built, greater than 3 years old, US owner & crew, all refit work was done in US. And just looking to charter a couple of times a year

    Our boat was US flagged for the first couple of owners, the last owner before us foreign flagged her. We’ve owned her for coming on 4 years.

    Never a dull moment, and always some to learn. Interesting and frustrating hobby
  7. Capt J, Mar 27, 2021
    #7
    Capt J

    Capt J Senior Member

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    A good maritime lawyer can handle what you're seeking.