Vice president of the new Tampa Bay Passenger Vessel Association Corey Hubbard leads the group's first open meeting to new and prospective members. (SARA DINATALE | Times)

Mauricio Alvarez first met the Coast Guard when officers wrote him a citation aboard the luxury mega yacht Miami Vice. He didn’t have the captain’s license he needed to man the 91-foot vessel for a group of paying customers. Yet, just three weeks later on April 1, the 49-year-old captained another charter with seven people.

He had no formal training, he later admitted to investigators. So, before powering on the boat motor after some of the group took a swim, Alvarez didn’t think to check if everyone was back on board. He turned on the engine and backed up the massive boat.The propeller sucked up a passenger, the water below the boat turning a deep red.

It’s been just over a year since another boating fatality and allegations of a negligent captain triggered outrage — a Tampa Bay charter boat employee and student from China died after jumping into Gulf waters from over-packed charter the Jaguar. But area operators say the problem hasn’t improved.

Murky Waters: Chartering the wrong boat can have tragic consequences

Frustrated and worried more lives could be lost in boat casualties, they’ve created a coalition to fight against illegal operations and push for stricter penalties against violators. The latest Florida death just enforced their existing fears.
"Illegal charters… hurt our industry and now they’re hurting people," said Corey Hubbard, the group’s vice president and business developer at Hubbard’s Marina on Madeira Beach.

"People are literally dying out on the water (and) consumers don’t know the difference between legal and illegal charters, which endangers tourism, the lifeblood of our region," she said.

Members of the new Tampa Bay Passenger Vessel Association may spend thousands of dollars keeping their boats up to code, but they share waters with operators who don’t.

Even with heightened awareness following the deaths, local operators and Coast Guard investigators are still seeing boats that have too many passengers, no licensed captains and/or have never been inspected by the Coast Guard.
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On a weekday morning last month, the Coast Guard’s Sector St. Petersburg held an "industry day" in an auxiliary office on Gandy Boulevard in Tampa. A crowd of three dozen — owners, operators and crew members — packed inside, as officers, inspectors and advocates went over common missteps and problems.

"What happens when there is a casualty on an illegal charter boat?" Eric Christensen, a retired Coast Guard captain and spokesman for the national Passenger Vessel Association, asked the crowd. "Does the headline necessarily say ‘illegal’?"

Some in the crowd chuckled; others sneered. Legitimate operators say customers see "death" and "charter boat" and assume they’re all dangerous. "It doesn’t bode well for our industry," he said.

The average consumer doesn’t ask to see a captain’s license or know that a boat must have proof it has been inspected if it has six or more passengers.

Christensen, whose Virginia-based group is not affiliated with the budding Tampa Bay vessel association, has traveled to a couple dozen such industry days at different sectors across the country. Illegal charters are always a hot topic.
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Operators fighting against illegal charters point to a sting last summer in Chicago as a success story. The Coast Guard there partnered with Illinois Department of Natural Resources.

They boarded 39 boats and wrote 22 citations for illegal operations over a two-week span. The accompanying state officers issued 14 misdemeanors, including charges of obstruction of justice.

The Coast Guard took the extra step of putting cited vessels under "Captain of the Port Orders," which could turn fines into felony charges and possible jail time if violators were caught continuing to operate illegally.

The civil penalties — usually just a few thousand dollars — are often written off as the cost of doing business. It’s jail time that makes illegal boaters listen, Christensen said.

"The Miami Coast Guard did board the Miami Vice, and it was illegal," he said at the meeting. "And they still kept operating until they killed someone." Alvarez, the Miami Vice operator, was indicted on charges of negligence last month for the death of 25-year-old Raul Menendez.

The Jaguar deaths are still under investigation.

Read more: Lawsuit claims charter boat captain was improperly licensed, negligent at time of two deaths near St. Pete Beach
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At their first meeting last week about a dozen captains and charter company owners — all new or prospective members of the local vessel association — gathered on a docked yacht at Clearwater Marina.

They discussed letters they were preparing to send state officials and brainstormed ways to assist the Coast Guard.
They want an operation similar to the one done in Chicago. They want repeat offenders to face more than cash fines.
"There has to be a united law enforcement operation," Hubbard said to the group, as she suggested the new coalition could help foster those relationships.

Already, Coast Guard officers have trained members of the Pinellas Sheriff Office’s marine unit on spotting illegal charters. Twice in the last six months, a deputy found illegal charters he was able to pass on to Coast Guard investigators.

"When it comes down to people, associations, coalitions or whoever wants to work with the Coast Guard, and have ideas floated, we’re always interested," said local Coast Guard investigator Lt. Nate Herring.

Ultimately, he said, it would be up to sector commander Capt. Holly Najarian to issue orders for stiffer penalties like those in Chicago. "It’s definitely not off the table," Herring said.
•••
But Tampa Bay has challenges Chicago doesn’t face — more boaters, a massive coast line without a major choke point and a year-around season.

Marc Redshaw, a former Coast Guard inspector who’s working with the new Tampa Bay association, said the Coast Guard alone doesn’t have enough resources to handle the problem. Since he retired in 2000 and began his own inspection business, the number of vessels in the area has exploded without a matching increase in inspectors.

"At a boots-on-the-ground level, they’re trying their best," Redshaw said of the local Coast Guard. "A lot of the guys are putting in extra hours; there’s really no off duty for them. "They just can’t be everywhere at once."

Contact Sara DiNatale at sdinatale@tampabay.com or (727) 893-8862. Follow @sara_dinatale

 URL: http://www.tampabay.com/news/business/tourism/After-another-death-in-Florida-waters-local-charter-boat-industry-creates-coalition_168021486

For more information on the Tampa Bay Passenger Vessel Association, please visit: tbpva.com

How does a yacht charter work? This is a question we get quite often, and a valid one! 

First, let's talk about regulations and what you need to know before confirming any charter. If you have more than 6 people and the charter company is providing a captain, the vessel must be USCG Inspected/Certificated. This is not the same as a courtesy inspection by the Coast Guard Auxiliary. If the vessel is not USCG Inspected/Certificated and the charter company tells you that it's not needed because the boat can carry up to 12 people, it's important to know that the company is offering you a bareboat (also called demise) charter. 

So what is a bareboat charter? A bareboat charter means that you, the charter, are taking responsibility of the vessel for the duration of the charter and you must hire your own crew and pay for the fuel. Should something happen to the vessel or one of the passengers, you are legally and financially responsible. If a charter company offers you a bareboat charter but states that you must use one of their captains, that is not a bareboat charter. Additionally, federal regulations state that you should not be "profiting" from your guests in the form of money or gifts. 

What is the difference between a USCG Inspected/Certificated vessel and one that is not? 

• USCG Certificated Small Passenger and Commercial Vessels are regularly inspected by the Coast Guard to ensure all safety equipment and training of the Captain and crew are monitored. The design of the boat itself is maximized for safety and stability and must pass several inspections.
• What happens during the inspections? Throughout the year, the crew trains for various situations and must demonstrate their abilities to the Coast Guard during the yearly inspection. At this time, the Coast Guard also inspects the vessel systems (engine, fire suppression, navigation equipment, railings, etc.) and reviews cruise logs and crew documents (captains' licenses, enrollment in a drug/alcohol consortium, and a valid CPR/First Aid card). Every other year, the vessel has an out-of-water inspection to check the condition of the hull and seaworthiness of the vessel itself. 

How do I reserve my charter and what's included? 
Generally, you may reserve a charter one week to one year in advance. Because weekends are the most popular time, Saturday, Friday, and Sunday are the first to book. If you have a special occasion such as a wedding, birthday, or anniversary, you may want to consider booking three months in advance. Since we only operate by private charter, you may pick the time you'd like to cruise. Occasionally, we'll have back-to-back cruises, so we may ask you to be a little flexible with your times. 

In order to guarantee the date, we'll send you a contract for electronic signature (DocuSign) and a deposit invoice for 25% of the charter amount; payments are made through Square using any major credit card. Usually, we can hold the date for two days while you review the documents and take care of the deposit. Once the contract is signed and the deposit is made, the date is yours!  

The final payment is due two weeks before the cruise date (unless it's a special event charter) and will include the charter balance, prepaid gratuity, and a security deposit. The security deposit is refunded the day after the charter as long as there has not been any damages. The specifics of this are addressed in the contract, paragraph #4. 

Your charter includes a USCG master captain, mate, fuel, bottled water, and ice. Coffee, tea, and hot chocolate are available upon request. 

What about food, drinks, and music? 
Guests are welcome to bring their own food and drinks or use one of our recommended caterers. For more information, please see our catering options page. Regarding drinks, you may bring anything you'd like! Beer must be in cans but wine and liquor bottles are fine; of course, all guests must be at least 21 years age to consume alcoholic beverages. All beverages will be set up for self-service as we are not licensed to serve. We suggest bringing your beverages chilled so that you can enjoy them right away and offer soft-sided coolers for you to use in addition to the refrigerator aboard the yacht. For music, you may Bluetooth to our system / we have six exterior speakers and one inside. 

What happens on the day of my charter and what if it rains? 
Boarding takes place 15 minutes prior to your scheduled cruise departure. If you're departing from our home dock in downtown St Pete, we'll ask that you gather your guests by the welcome area. A crew member will meet you 15-20 minutes prior to your departure time to escort you to the dock. Please visit our charter policies page for information on weather delays and cancellations.  

One last thing ... 
The Smooth C's is USCG Inspected/Certificated for up to 20 passengers plus 2 crew. We count everyone as a passenger, even infants. If you have more than 20 people, we're happy to make recommendations of other charter companies who operated inspected vessels. 

Remember ... 
The expression, "If it sounds too good to be true, it probably is." 

Bare boat charter: As the charterer you are considered the owner of the vessel for an agreed upon period of time. You select a crew and have to pay that crew directly as the charterer. You provide all fuel, food and operating costs. You also need to obtain insurance for carrying passengers. You take on all liability. You are not allowed to bring more than 12 passengers on board with you.

Uninspected passenger vessel: You are going on a boat with a licensed captain, but the vessel has never been inspected by the Coat Guard. At least one of the passengers is paying as a "passenger for hire." The boat can likely only carry six people. This is the most common type of charter when going on a fishing charter.

Passenger for hire: You’re paying to be onboard a boat, which makes it so certain laws have to be followed that help protect you.

Inspected passenger vessel: Your captain is manning a boat that is allowed to take on more than six people. The boat has a certificate of inspection that shows when the Coast Guard last looked at the boat. You are a passenger for hire and are not taking on any added liability because you are not in charge of the vessel.

Source: Tampa Bay Times "Murky Waters: Chartering the wrong boat can have tragic consequences" by Sara DiNatale, November 23, 2017​