Do I need one? A Captain’s license is only required if you are taking passengers for hire. Section 2101 of title 46, (21a) of the United States Code defines passenger for hire as follows:
A “passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
Section 2101 of title 46 (5a) defines “consideration” as an economic benefit, inducement, right, or profit including pecuniary (fancy attorney word for money) payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.” Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.
Bottom line: If you are a recreational boater, you are allowed to share expenses for a day on the water. Just don’t make payment mandatory if someone wants a boat ride.