No, you can only be in one category. But the charter/headboat lets you do both.
Thanks for the info guys
You answered most all my questions I'm glad I asked as I thought I could only tuna fish under gen cat with a gen cat permit I did not know if there are no fares I could fish commercial with a charter/headboat permit
I really have no intention at all to charter just comm fish tuna and tiles but at the same time I want to be able to fish all the local shark billfish and tuna tournaments
Does makin the boat a charter make sense or just go Gen Cat if I can fish tournaments under a gen category permit?
Thanks again guys
I don't understand the mate/deckhand endorsement
Does the mate need a separate ticket of sorts or does the mate/deckhand endorsement go on the boats permit?
I don't rememeber ever having to get anything when I worked on other boats tuna fishing which leads me to believe the boat has the endorsement?
Thanks again guys you are saving me a ton of research
By trade I run a size able marine construction n pile driving company if any one ever has questions for me I would be happy to return the favor
[/FONT]What is Maintenance and Cure?
Many Passenger Vessel Owners employ crewmembers or mates in their charter business, but few understand the legal responsibilities they have to their crew employees under Federal Maritime Law.
Charter Captains understand the liability exposure they have to their passengers. If you also employ another captain or mate, you have another liability exposure that could be potentially greater than that to your passengers.
As a vessel owner and employer, your liability for injury to your crew is your obligation under federal maritime law to provide;
a. Maintenance and Cure to an injured crewmember;
b. A warranty of seaworthiness of your vessel;
c. Liability under the Federal Statute Known as the Jones Act;
This article will focus on the Federal Law of Maintenance and Cure and what it means to Charter boat owners.
If you own land based business you cover injuries to your employees through a State Workers Compensation policy. Maintenance and Cure is a Federal Statute and unlike workers compensation, it is designed to cover injuries to maritime employees.
The obligation of a vessel owner to provide Maintenance and Cure is a result of the employment of a crewmember, and applies equally to owners of all vessels, including charter vessels, yachts, cargo vessels and commercial fishing vessels. The right to Maintenance and Cure exists regardless of vessel owner fault or negligence. Thus, if a member of the crew is injured or becomes ill "in the service of the vessel", the obligation of the vessel owner to provide Maintenance and Cure arises automatically.
Maintenance is food and lodging; Cure is medical care, covering a broad spectrum of hospital and related medical costs, including rehabilitation. In addition to Maintenance and Cure, the crewmember has a right to unearned wages for the contract period for which he or she signed on. Eligibility requires satisfying the dual criteria of (1) establishing "seaman" status and (2) proving that the injury manifested itself as a consequence of the crewmember's being "in service of the vessel".
Today, the role of seaman is broadly defined and thus any person who is on board a charter boat "in the service of the vessel" is eligible for Maintenance and Cure. Any mate would qualify. This can include mates who work as subcontractors or who work on several different charter boats during a season, or mates who work for tips only.
Under the Maintenance provision, the vessel owner is obligated to provide the crewmember with sufficient compensation to supply him or her with food and lodging during his or her medical care. The Cure provision is medical care. The crewmember is entitled to Cure from the time he or she pays for, or incurs expenses for, medicines and related treatment. The vessels owner's obligation continues as long as medical treatment will improve the crewmember's condition.
The vessel owner has few defenses to crew claims, since the obligation does not depend on fault. As a general rule, it is considered better to err on the side of payment because of the traditional liberality displayed by courts toward crew members and because nonpayment may create additional legal costs.
In certain circumstances recovery by a crew member may be denied if at the inception of employment the crew member intentionally concealed an injury, or the cause of an injury was the crew member's own willful misbehavior, deliberate act or indiscretion.
For more information on Maintenance and crew of Jones Act, here are some useful links: