Don’t Let Your Charter Business Sink: Essential Legal and Safety Considerations

Once you find a job you love, you never work again.

I’m fortunate — I haven’t “worked” in a long time. That said, I’m still a professional. I haven’t forgotten that I’m running a business that needs to meet the standards I’ve set for myself and my crew.

When I take passengers out on my boat, I hope they forget about work and other troubles. Sometimes, that means having a drink or two or being a little looser than at home.

But I have standards for my passengers. I’m responsible for their safety, and while I’m not a killjoy, I can’t let passengers put their lives at risk.

Balancing acceptable and detrimental passenger behavior is crucial for safety, passenger experience, and business. Let’s explore common issues charter businesses face and how to manage problematic behaviors onboard.

Common Passenger Problems on a Charter Boat

When a situation gets out of hand, it’s usually for one of three reasons: alcohol, arguments, or carelessness.

Alcohol and Substances 

Having a beer or two on your fishing charter is no big deal. But one person sloshing around drunk can quickly become dangerous.

A drunk passenger is much more likely to fall, get hurt, or end up in the water than a sober passenger. Those who aren’t paying attention can get a fishhook to the thumb — or worse, in the eye.

A drunk person will also get sick on a moving boat. Their “mess” can become a slipping hazard if they don’t make it over the railing.

I limit the amount of alcohol on my boat to avoid these issues. Four guys can certainly split a six-pack on their fishing trip, but two coolers full of alcohol are unacceptable.

Recreational drugs present a different issue. I work in a state that permits recreational marijuana, but as a captain running a professional charter, I’m bound by federal rules and regulations. It isn’t legal under federal guidelines.

Arguments and Fights

I used to do a lot of training on my boat. Once, I took a couple out to learn how to sail. I learned the hard way that no matter how big a boat is, it gets small quickly when a couple starts fighting on it.

Their argument escalated to the point that it created safety issues. I told them that if they couldn’t speak civilly to each other, we’d go back to the dock — no refunds. When the husband asked me for duct tape to tape his wife to the mast, I turned the boat around.

Typically, a warning settles arguments and preserves your passengers’ experience. But in rare cases when fights cause safety concerns — e.g., failing to follow orders or an all-out physical altercation — return the boat to the dock.

Recklessness and Carelessness

Some passengers or groups show no concern for their or anyone else’s safety. Most of the time, reckless passengers don’t realize how dangerous a boat can be. In those cases, a warning quickly solves the problem.

But you might take on an “invincible” passenger one day. I once had a passenger nicknamed “Reckless Randall.” He never listened to the rules and didn’t believe the risk of falling into the water or getting hurt applied to him. He even wanted to recreate a Titanic scene while we navigated five- to eight-foot seas.

Hanging off the rails and screaming at the top of his lungs put him at risk and endangered the rest of the crew. That was just one of 10 dangerous actions he took over 20 minutes.

We went back to the dock to keep everyone safe.

How to Manage Problem Behaviors

I’ve only had to return to the dock three or four times in my 20+ years as a charter boat captain. I kept that record low by stopping most problems before they got out of hand.

Here’s how to manage passenger behavior onboard your boat:

• Set standards: Tell your passengers what to expect from you and how you expect them to behave before leaving the dock. Communicate rules and consequences — especially around alcohol — upfront to prevent issues from arising.
• Give reminders: A gentle nudge is often enough to settle poor passenger behavior. A subtle remark like “Leaning over the rails to touch the water isn’t a good idea” might be all it takes to keep everyone’s hands where they should be.
• Document issues: Some minor incidents can be overlooked, but record serious conversations and warnings in your logbook. Keeping a record of the situation as it progresses can protect you if legal action becomes necessary.
• Take action: If passengers repeatedly ignore your warnings, do what you must to keep everyone safe — even if that means cutting the charter short.

Protect Yourself With Insurance

In addition to setting rules, purchase boat insurance to protect yourself from rowdy passengers. Consider these insurance types:

• Protection and indemnity (P&I): Addresses bodily injuries, loss of life, and damage to other properties or vessels, along with legal costs.
• Marine liability insurance: Offers broad coverage for liabilities such as pollution, salvage efforts, and crew injuries.
• Passenger liability insurance: Covers liabilities associated with passenger-related injuries and losses.

Boat insurance shouldn’t replace your responsibility as a captain. If you operate your boat recklessly, your insurance company will deny your claim. 

Ensure Safety on Your Charter Boat

As a charter boat captain, you’re responsible for keeping your passengers safe, whether they’re behaving or not. Earning your captain’s license prepares you for risks on the open waters, but experience will be your best teacher when dealing with passengers.

If you’re ready to upgrade your captain’s license from a Six-Pack to a Master’s, check out our course today.