| Quick answer A legal U.S. charter falls into one of three categories: a USCG-inspected vessel (required for more than 6 paying passengers, with a Certificate of Inspection), an uninspected “six-pack” vessel (capped at 6 paying passengers, captain holds an OUPV license), or a genuine bareboat charter (the renter — not the owner — fully controls the boat and hires their own crew). If a group of 7 or more is boarding a boat that isn’t inspected, or a “bareboat” charter shows up with a captain the owner picked, that’s not a technicality — it’s an illegal charter, and Coast Guard enforcement treats it that way. |
The Three Types of Charters You’ll Actually Run Into
Charter boat legality comes down to a small number of federal categories, and understanding them takes about five minutes — worth it before handing over a deposit.
- Inspected vessel: Required once a boat carries more than 6 paying passengers. The vessel must hold a Certificate of Inspection (CG-841) from the Coast Guard, which specifies its approved equipment, route, crew requirements, and passenger limit. Inspected vessels are re-certified on a recurring schedule — typically every five years.
- Uninspected passenger vessel (“six-pack”): Capped at 6 paying passengers. These don’t require a full Coast Guard inspection, but they’re still regulated — the captain must hold an Operator of Uninspected Passenger Vessels (OUPV) license, commonly called a “six-pack” license, or a higher Master or Mate credential, and the boat must carry required lifesaving and firefighting equipment.
- Bareboat (demise) charter: The renter takes full operational control of the vessel — they select and hire their own crew, cover their own expenses, and the owner has no involvement in running the trip. Done correctly, this isn’t a passenger-for-hire situation at all, so different rules apply.
Where the Bareboat Charter Gets Abused
The bareboat structure is legitimate when the renter is genuinely in charge. It becomes a loophole when an owner books it out as “bareboat,” then quietly supplies the captain — often themselves. In June 2017, the Coast Guard issued guidance making this explicit: when the customer’s only real “choice” of crew is the boat owner, full control has presumptively not passed to the customer, and the trip is a passenger-for-hire operation whether or not the paperwork calls it a bareboat charter.
This isn’t hypothetical. In July 2020, Coast Guard officers boarded a 33-foot vessel near Maximo Marina in St. Petersburg — a short run up the coast from Sarasota — carrying eight paying passengers under what was billed as a bareboat charter. The boat had assigned a captain to the renters rather than letting them choose their own, which is exactly the arrangement the 2017 guidance flags. Investigators found no Certificate of Inspection, no drug and alcohol testing program, and no valid stability letter. The voyage was terminated on the spot, passengers were returned to shore, and the operator faced civil penalties that can exceed $50,000, with individual violations ranging from roughly $4,700 to $18,500. This isn’t about any one operator — it’s a real, publicly documented example of how easily a mislabeled bareboat charter turns into a shut-down trip.
Why the Six-Passenger Line Matters So Much
Six passengers is the exact point where the law requires a vessel to move from “uninspected” to fully inspected. That’s not a bureaucratic technicality — it’s the line the Coast Guard uses to decide when a boat needs the deeper safety review that comes with a Certificate of Inspection: hull integrity, stability, firefighting systems, lifesaving equipment, and manning requirements all get formally verified. A group of 7 or more boarding a vessel with no inspection certificate is, by definition, on an illegal charter, regardless of how the trip is marketed.
This is also where Barefoot Tiki Tours’ own numbers matter. The vessel is USCG-certified for up to 16 passengers — well past the 6-passenger threshold — which means it’s required to operate as a fully inspected vessel, not a six-pack. Captain Stephen holds a USCG Master Captain credential, one step above the minimum required for an inspected small passenger vessel.
The Real Stakes
The consequences of skipping inspection aren’t just paperwork. In 2022, an unlicensed, uninspected tour boat capsized on the Hudson River in New York, killing two passengers, including a 7-year-old child. The vessel was found to be overloaded and operating without proper Coast Guard credentials; its operator was later sentenced to prison. It’s an extreme case, but it’s the reason the inspection and licensing system exists in the first place — verified stability, verified equipment, and a verified, credentialed captain aren’t red tape, they’re the things that keep a routine boat trip routine.
Five Questions to Ask Before You Book Any Charter
- Ask to see the captain’s Merchant Mariner Credential. A USCG Senior Investigating Officer’s advice after the St. Petersburg case was blunt: “Anyone paying for a trip should ask to see the captain’s Merchant Mariner Credential to verify proper Coast Guard licensing.”
- If the boat carries more than 6 paying passengers, ask for the Certificate of Inspection number. A legitimately inspected vessel will have one and won’t hesitate to share it.
- If it’s billed as a “bareboat” charter, ask who chose the captain. If the owner supplied the crew, it isn’t a bareboat charter under Coast Guard guidance — it’s a passenger-for-hire trip that needs the matching credentials.
- Check the math on group size. A boat advertising trips for 10, 12, or 16 guests has to be an inspected vessel — if there’s no inspection certificate behind that capacity, that’s a red flag, not a bargain.
- Be wary of pricing that seems too good for the group size. Skipping inspection, insurance, and licensing costs money, and operators cutting those corners can often undercut properly credentialed charters on price.
How Barefoot Tiki Tours Meets the Standard
Barefoot Tiki Tours operates as a USCG-certified vessel approved for up to 16 passengers, with Captain Stephen holding a USCG Master Captain credential. Because the boat carries more than 6 paying passengers, it’s required to hold — and does hold — the inspection status a six-pack or bareboat arrangement simply doesn’t provide. For a group booking a celebration on the water, that’s the difference between a boat that’s allowed to carry your whole party and one that legally isn’t.
This article is general information based on publicly available Coast Guard guidance and enforcement records, not legal advice. Vessel documentation and licensing requirements can be confirmed directly with the U.S. Coast Guard or the National Maritime Center.
