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Thread: KingFisher can't be used for a Charter Boat?

  1. #1
    Member polardds's Avatar
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    Default KingFisher can't be used for a Charter Boat?

    A friend of mine who has a Kingfisher, wanted to get into the Charter boat business. He was told that because the Kingfisher is a Canadian boat assembled in America that it can't be used for commercial operations in the USA. Is this true? I wanted to post in the Charter Boat forum but apparently I cannot do this.

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    Member AlaskaHippie's Avatar
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    Admittedly I'm a bit rusty on the details, but it falls under the Jones Act.
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    Member Kay9Cop's Avatar
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    The foreign-build restrictions referred to by our reader are set forth in certain provisions of the Merchant Marine Act of 1920, commonly known as the “Jones Act.” The Jones Act was enacted in 1920 to protect the rights of killed and injured maritime workers and their families, and to protect U.S. maritime industries from foreign competition.

    The Jones Act requires any vessel that participates in “coastwise trade” to be constructed in the United States and manned by an American crew. Coastwise trade is the carriage of passengers or cargo within a U.S. port or from one U.S. port to another.

    Taken from http://www.boatingworld.com/asktheat...ey-2015-03-13/
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    Yes kingfisher can be as a charter lots of Seward and deep creek


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    This is not legal advice by any stretch, one is advised to engage a competent maritime attorney for advice.

    Some avenues to investigate to see if a charter operation would be in violation of the "Jones Act";

    - Seek a waiver through the avenues mentioned in the article linked by Kay9Cop: chances are (humans and bureaucracy are involved, so it's a crapshoot) that for this work, the waiver won't be opposed, but it still takes time and there are some details to provide;
    - When that competent attorney is engaged and/or as part of the waiver documents, point out that: a) the "transport" is incidental to fishing so the trade that is being offered is a service, not transportation; b) the charter vessel (I'm assuming) takes passengers on fishing trips to/from the same port and accordingly may not fit within the definition of "coastwise trade"; and c) the charter boat does not (I'm assuming) anchor out in the offshore saltwater and thereby does not establish the connection (literally!) needed to create a temporary port that would then trigger a port-to-port transport if parts a) and b) are deemed by CBP not to be valid.

    See the note at the top of this post. This is not legal advice but in my soon-to-be-ending-real-day-job, I deal with this issue routinely for vessels that are much bigger and might displace many more US of A workers. A practical bit of non-legal advice: in the world since 2008, and don't read any obvious implications into that, CBP has more aggressively and thoroughly overseen the Jones Act issues: meaning that just because it was done a certain way in the past, it might not fly that way in 2016.
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    Member polardds's Avatar
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    Basically that is what my buddy was told. It may not be legal but someone has to push the issue.

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    Member JR2's Avatar
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    Have your buddy contact Kingfisher and ask where his boat was built. I asked about mine and was told the hull was built in Washington and then shipped to Canada to be finished. Since the hull is but in the USA there is no problem, Kingfisher said they would provide documents for me if I needed then.
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  8. #8

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    I had a 2007 kingfisher that I was ready to start a charter with. The USCG said I could not charter that vessel in the USA for the hull was built in Canada. So I sold it and unfortunately bought a glacier craft (whole different story). After a few years I had brought this up with harbercraft and was told they alleviated this problem by having USA hulls built in Washington then completed in Canada. They still build hulls in Canada so If you buy a kingfisher you will have to verify the hull is made in USA. My suggestion is just don't charter with a kingfisher.

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    Most Canadian hulls are under 5 net tons which, under the Jones Act, allows them to be used in America as long as they are state-registered.

    A Canadian-built boat can commercially fish LEGALLY, it just cant be documented. It needs to be state-registered. A canadian-built boat can also charter LEGALLY but cannot carry more than 6 passengers. To carry more would require a COI and to get a COI would mean the boat needs to be documented, which isn't permitted.

    Of course the CG will say you can't do it because if your involving them in the first place, its
    because you intend to get the vessel inspected. Also, most of them have no idea what they're talking about.

    Many people are unfamiliar with the 5-net-ton provision of the Jones Act. Canadian hulls are very popular in New England and the East Coast and there are plenty of them commercially fishing and running charters.

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    Yes it can be used legally as a charter, but why not get a better boat?

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    I agree with H2O. It's kinda strange seeing a 50 foot Seiner with AK numbers.

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