Hello:
Comments welcome on the following questions.
It is my understanding that any vessel used to transport divers for any charter purposes in exchange form money must have a "coastwise" endorsement on their USCG documentation if operated in federal waters.
However, the "coastwise" endorsement allows you to fish on a charter within designated seasons, but you cannot sell anything you catch commercially unless you have the appropriate federal permits.
Does this mean that you can charter and spearfish for something not controlled under federal permits in federal waters for personal use only (not for commercial sale)?
You must be able to use your own "coastwise" boat for non-charter puposes since there are so many private boats out there fishing in federal waters without the federal permits.
You have asked a lot of questions here.
First, Yes, you must have a Coastwise endorsement to carry passengers for hire. That regulation is found in NVIC 07-94 section D, as well as being codified in the CFR. I found the NVIC first. A coastwise endorsement alone does not allow you to go play with your boat, however. You must also have a recreational endorsement if you want to take a group of friends out for a day trip, or use your boat for a bareboat charter.
The coastwise endorsement has nothing to do with fishing. The endorsement is granted by the National Vessel Documentation Center. Fishing is regulated in Texas by the National Marine Fisheries Service outside of 9 miles, and by the Texas Parks and Wildlife Commission inside of 9 miles. Each have separate rules for fishing. So, to answer your question directly, having a coastwise endorsement does not give you permission to fish. You have to meet NOAA and State regulations to do so. The coastwise endorsement only gives you permission to carry passengers.
Again, if you and the wife and the next door neighbor want to take the boat that you otherwise carry passengers on for beers and to throw a hook (or a spear) in the water, you must have a recreational endorsement. For 12 years, I was not able to take the Spree out unless I was fully crewed and in compliance with my COI because that was the only way I could sail. I now have a recreational endorsement, and will be leaving for the Bahamas Saturday just because I want to go. ADDITIONALLY, if you and the wife and the next door neighbor want to catch a fish, you must have a fishing license. You need to be careful about where you stop. Lets say you go to the rigs and slay the yellowfin grouper. Lets say Yellowfin is closed in State waters, but on the way in, you want to stop at the Vancouver and get a nice red, which may be in season in Texas but closed in State waters. You are now illegal for both fish. You may transit state waters with a federal fish but may not transit federal waters with a state fish.
If you want to take spearing charters out, you need to have a Gulf Reef Fish Permit (for reef fish) and a Gulf Pelagic Fish Permit (for Pelagics). Both of these are closed to new permits, so you have to buy one if you want one. They are worth about $25k each for a 6 pack boat. The permits are based on the number of passengers you carry. If you want to land fish commercially, you also need a commercial permit instead of a recreational permit. Additionally, if you stop in state waters, you will need each passenger to have a fishing license. There are state license requirements for fishing charters. I'm a little busy to look them up.
Private boats don't have the same restrictions as a boat carrying fishermen for hire. Yes, I understand your frustration, there are a hundred (a thousand?) private boats carrying passengers for hire spearing and H&L, and not getting caught.
