VIRGINIA BEACH, Va. (WAVY) — Having fun on the water is a Tidewater pastime, however, the United States Coast Guard, as well as other mariners, are warning people to keep their eyes out for businesses that may not have their safety top of mind.

Several business owners of charter and passenger boats recently reached out to 10 On Your Side saying, what can only be described as “illegal charters,” are on the rise in the region. Illegal charters are defined as a voyage that “fails to meet federal regulations promulgated under the Passenger Vessel Safety Act,” according to USCG.

Often times, this can mean more passengers are on the boat than allowed, there are unqualified operators behind the helm or that they are missing safety gear.

Last month, the Coast Guard shut down a cruise in Broad Bay in Virginia Beach and cited the boat owner. A USCG release said the people chartering the vessel were not aware they had violated any safety regulations.

“It can be very confusing,” Lt. Fiona Earnhardt, chief enforcement officer for Coast Guard Sector Virginia said. “It’s difficult when you mix operations in the water with money.”

But it’s important to do your research, Earnhardt said. Earlier this year, an illegal charter vessel crashed into a commercial tour boat at speed in Port Miami, sending a passenger to the hospital in critical condition.

“Our number one priority is safety,” Earnhardt said. “And to ensure that if you’re out there and you’re having fun, that you’re doing it in a safe manner, and that you can trust the people and trust the vessel, that’s really why we do these inspections is to ensure the safety of the public as they enjoy the water.”

Understanding that there are two ways to charter a boat is an essential first step to ensure you stay in the clear of any illegal activity, according to Earnhardt. You can either charter a boat recreationally or commercially.

“Those who want to recreationally charter a vessel would, say, rent or charter a vessel from you, they go out, they have a great time. They bring it back to you,” Earnhardt said. “Those who want to do it more commercially would go to you as a company owner, pay you to provide a master, to provide crew, to take you out. A very common example of that is charter fishing vessels. So that comes a whole package. The boat, the crew, the experience.”

The moment money is involved, a voyage becomes a charter, according to the Coast Guard.

The Coast Guard wants to remind people of the requirements that must be followed before operating a passenger for hire operation:

• The captain must hold the appropriate U.S. Coast Guard license.
• The captain and crew must be enrolled in a drug and alcohol program.
• If carrying more than six passengers, at least one for hire, then the vessel must also have a valid Coast Guard Certificate of Inspection.

For businesses conducting bareboat charter rentals, the requirements are as follows:

• A maximum of 12 passengers plus the charterer are allowed on the vessel, not including crew.
• The vessel can be crewed so long as the captain and crew are not specified or provided by or paid through the original rental company agreement.
• The company may provide a list of suggested captains, but the charterer has the right to go outside that list and choose their own captain.
• The vessel’s registered owner may not be onboard in any capacity while the vessel is rented (chartered) by a charterer.

To report illegal passenger vessels, contact the Sector Virginia Command Center at 757-483-8567 or through CGIS tips.