Concessions – boats in parks – concessions aboard vessels shall be assigned to the classification which would apply if the operations were conducted on land.      

Code 7038 applies to operations described in this scope that are conducted on waters subject to Admiralty jurisdiction.  Refer to Rule XII “Admiralty Law and the Federal Employers’ Liability Act” of this Manual for explanation of the Admiralty law and a description of Coverage Programs that pertain to this classification.

Pilot boats, which are usually small vessels used to deliver a pilot to and from the pilot’s ship in a harbor, are also included in this classification.  Activities within the scope of this classification include rental, operation, storage and maintenance aboard the boat and on the shore.

Vessels – Sail   

This classification is applicable to any masted vessel used in a commercial manner with the exception of masted fishing vessels, which are properly classified to Code 7016 “Fishing Vessels — NOC.”  Masted vessels that fall within the scope of this classification may also use engines as needed for power.  This classification includes sailing vessels chartered by individuals or groups for recreational purposes including such diversions as sightseeing, snorkeling and swimming.  In addition, these vessels may provide entertainment as well as beverage and meal service for their passengers.

Yachts – Private – Sail or Power

This classification is assigned to the demonstration or operation of private yachts, either sail or power, on navigable waters when Admiralty coverage is afforded by the policy.  It has also been assigned to employees engaged in hydroplane racing on navigable waters when Admiralty coverage is afforded.

Boat livery is generally associated with the transport of people to unspecified locations as opposed to a ferry, which operates on a designated schedule and will carry fare-paying passengers between two or more points.  Boat livery-type vessels will usually not carry passengers’ vehicles or cargo for others.  Activities contemplated by this scope include the operation, rental, storage and maintenance of vessels under 15 tons.  The reference to boats “under 15 tons” refers to the displacement of the vessel without stores (supplies such as food, clothing or arms), bunk (sleeping accommodations), fuel or cargo.

Operations contemplated by this classification include the operation of glass-bottom boats as tourist attractions, the operation of boats on a lake as part of amusement parks or resorts, white-water rafting trips, sightseeing boats, harbor tours, drift fishing boats, chartered fishing boats and riverboat gambling vessels provided that these vessels weigh less than 15 tons.