Lake Tahoe seeing more illegal boat rentals and charters - agencies targeting those operations

SOUTH LAKE TAHOE, Calif. - The lure of Lake Tahoe is historic, and has brought many to its shores to live or play, jump in, or boat on for well over a century. While it may feel good when it gets hot outside, the cold water of Lake Tahoe can be dangerous and needs to be respected, and many agencies around the lake are tasked with keeping the public safe.

One increasing way they are addressing safety issues is targeting illegal boat operators who rent out their watercraft or offer charters on their boats that come with captains.

The is a surge of illegal boat operators on Lake Tahoe, luring people to enjoy the lake through third-party boat rental websites like getmyboat.com and boatsetter.com that operate much like Airbnb does with homes. Not all rentals listed on these sites are missing the appropriate permits, but it is important to check. Not all boat rental businesses conduct themselves legally or with the public's safety in their best interest, and the El Dorado County Sheriff's Office (EDSO) boat patrol estimates that 100-150 illegal boat rentals can be on the lake at any given time.

The old adage, if it's too good to be true it probably is, also fits into renting a boat. The legal companies have a long list of things to accomplish before a paying customer can step on board - required concession permits, carrying $1-$5 million liability insurance, abiding by Coast Guard drug and alcohol protocols, providing education to the renters, paying for marina space, and more. Because of these expensive requirements, they may have to charge more than some of the illegal boats.

To make sure one is renting a legal boat, it takes a few steps but an afternoon of enjoyment on the lake in a safe manner is worth it.

Some key clues the boat you are renting is not legal: They will pick you up on the beach, at El Dorado Beach boat ramp or El Dorado Beach, on a private dock in the Tahoe Keys of a house you are not staying in, on Nevada Beach, on Baldwin Beach, and if the pickup location of the boat is not revealed until the day of the rental.

Lake Forest on the North Shore, the City of South Lake Tahoe on the South Shore, and Cave Rock on the East shore are just a few locations with boat docks not allowing commercial operators to drop off or pick up customers.

Some of those renting their own boats and jet skis may not be aware they are doing it illegally, said law enforcement, but one cannot rent out their personal vessels without proper licensing and insurance, proper pick-up and drop-off locations.

Putting oneself on the unpermitted boats is putting you and your group at risk. These boats may be insured for the owner, but anyone else taking the helm is normally not covered, according to the Coast Guard and EDSO.

The Tahoe Regional Planning Agency enacted the Shoreline Plan in 2018, and that controls the activity along the shores of Lake Tahoe. Jeff Cowen of TRPA said they wanted to make sure they didn't step on other agencies' toes and their rules, and now have two boats on the lake in support of enforcement.

Cowen said they saw boating businesses pop up during the pandemic and most were operating without concession permits. He said they wanted to first work with marina operators to ensure all rules were consistent on the lake. Anyone operating a business on the shore needs to have a concession permit.

The TRPA watercraft team is back on the water educating the public on boating rules such as the carbureted two-stroke engine ban, noise ordinances, and no-wake zones. Last year, the team logged 580 corrective actions related to the no-wake zone and other violations and required the removal of 30 vessels that were moored without authorization. They just held a class for all marina and legal boat operators on Lake Tahoe to go over all requirements.

There are 31 legal commercial boat operators in the Tahoe Keys Marina including fishing charters and the hot-air balloon support boat. The marina will toss out a slip holder should they be operating illegally. One pontoon boat had a slip, and the owner pulled out to pick up passengers on a South Lake Tahoe Beach - a totally illegal move and they lost their slip in the marina.

Boat rental companies require renters to download the Tahoe Boating app to their phone and watch a new boater education video produced by TRPA and the League to Save Lake Tahoe before stepping aboard. The app is an interactive map that shows boaters if they are inside a no-wake zone and identifies points of interest, marinas, boat ramps, bathrooms, and other landmarks or hazards.

The current problem of illegal boat rentals and charters has been producing hundreds of complaints a week to law enforcement since the 2022 boating season started. TRPA has a complaint form on its website, and EDSO, South Lake Tahoe Police, and Douglas County Sheriff's Office are fielding calls on the South Shore.

Round Hill Pines and Camp Richardson are private piers, and the illegal boater activity is not allowed, nor welcomed. According to one legal charter who wanted to remain anonymous because of possible retaliation, said private marina owners have been keeping their finger on the pulse of the situation and at times, using code violations to address the problem. He said Nevada State Parks is very interested in curbing the illegal activity on their beaches (Sand Harbor and Cave Rock). He said all involved in the situation are coming from the same place - safety for all.

"Safety is the top issue," the operator said. "If not following the rules, safety is not first."

Retired CHP sergeant who mans the EDSO boat on Lake Tahoe, Joe Sherry, said they've come across several illegal charters over the last few weeks. They passed them over to the Coast Guard since they have civil avenues they can use against the owners. EDSO has few criminal avenues to use against the boat owners but they can use no current business license as one issue. The "no shoreline permit" or coming out of a legal marina is something TRPA can handle.

"We all share information," said Sherry about what they come across on the lake.

The legal operators also share information with other legal operators and law enforcement.

EDSO's boat picked up a large group visiting from outside the U.S. on the water who rented a boat from an illegal operator. They did not speak English and had never even driven a car before, so their knowledge of how to operate a boat safely was nill. EDSO had the boat pulled away from rocks and towed in.

"Never have I seen this much attention and enforcement on the situation," said another legal boat operator who has done business on Lake Tahoe for years.

When there is one boating insurance claim on Lake Tahoe, rates in the whole geographical area go up, no matter who made the claim. Much like fire, the risk assessment goes up after a mishap or accident, whether it is an illegal operator without insurance or a legal business with insurance.

When renting a boat with a captain, ask to see a Certificate of Inspection, concession license, and proof they have all necessary drug and alcohol protocol education.

The U.S. Coast Guard terminated the voyage of an illegal charter vessel operating near Emerald Bay in Lake Tahoe on May 28. A Coast Guard Station Lake Tahoe 29-foot Response Boat boarded a 22-foot recreational boat with 15 passengers aboard and discovered the following violations:

Not having a valid Certificate of Inspection
Not having an individual with an appropriate license
Failure to have a drug and alcohol program

Any operator carrying passengers for hire is required to hold a Coast Guard license and meet safety standards. Uninspected passenger vessels are only permitted to carry up to six passengers for hire under Coast Guard regulations. Owners and operators of illegal charter boats can face maximum civil penalties of over $75,000 for illegal passenger-for-hire operations.

Potential fines include:

- Up to $43,678 for failure to operate a passenger vessel with a Coast Guard license as per 46 U.S.C. 8906.
- Up to $17,935 for failure to produce a valid Certificate of Documentation for vessels over five net tons as per 46 U.S.C. 12151(a)(1).
- Up to $8,433 for failure to have a bona fide drug and alcohol testing program as per 46 C.F.R. 16.201.
- Up to $5,254 for failure to provide a Coast Guard Certificate of Inspection for vessels carrying more than six passengers as per 46 C.F.R. 176.100.

TRPA Fact Sheet

Fact Sheet- Commercial Boat Launching at Ramps 

The following briefly explains what commercial boat launch businesses at Lake Tahoe need to know about operating boat and equipment rental and other businesses in the shoreline.

The broadly supported 2018 Shoreline Plan allows a limited number of commercial boat rental businesses to operate from marinas with a TRPA permit.

This careful plan is needed to protect and better manage Lake Tahoe and its sensitive, iconic shoreline areas. 

The permit requirements ensure boats are properly fueled and stored, the public renting the boats receives training on safe boating, and those commercial operators contribute their fair share to mitigate environmental impacts resulting from boating activity.  

All commercial boat launches operating from the Shoreline of Lake Tahoe require a TRPA permit and permission from the ramp owner.  

Commercial activities cannot be conducted at a boat launch facility unless business or boat owner has an existing agreement with the landowner and a TRPA permit. 

A business or boat owner that has been launching rental boats from a boat ramp in Lake Tahoe and has been operating since 2017 may be able to obtain a permit if they have permission from the landowner.

Some new boat rental businesses may be permitted provided moorings are available at marinas. The Shoreline Plan allows for expanded capacity at marinas provided those facilities incorporate environmental improvements that benefit Lake Tahoe. Please contact TRPA to find out if you can apply for a permit.