The Captain of that boat is licensed by the USCG. The pre-requisite amount of sea time and training in itself prior to taking the exam is to insure the candidate has enough common sense to safely operate a vessel for hire to the public. Safety of your passengers and crew is a number one priority at all times. There is absolutely no way a person could operate a vessel in weather conditions as they existed on that day and maintain that safety level. Dangerous water, clouds and approaching weather is easy to read for anyone that has the least amount of experience. This was not a sudden squall condition that took that Captain and Mate off guard, this was a predicted weather system with blatantly obvious, rough water conditions AND with a pre-posted small craft advisory. The Captain is soley responsible for the safety of his passengers, crew and prudent operation of his vessel, a great responsibility. My guess is that the Captain and his Mate will have their tickets permanently revoked by the USCG. Then...the legal games begin.