While carrying an EPIRB would be wise, I don't think there was any legal requirement to carry one in this case. From Boat Safe:
Quote:
The legal requirements to carry an EPIRB vary with the type of vessel. Although recreational vessels are strongly encouraged to carry an EPIRB on board there are no legal requirements that they do so. Commercial fishing vessels that are 36 feet and larger, and operate beyond three miles from shore, and have a galley and berthing on board, are required to carry an EPIRB. Many commercial fisherman owe their lives to this requirement. Coast Guard inspected merchant vessels, operating in Coastal or Ocean trade, beyond twenty miles from shore, are also required to carry EPIRBs.


This guy was fishing from a 25 foot boat. Commercial fishermen tend to be a very cantankerous and independent bunch, and have often bitterly resisted proposed mandatory safety requirements.
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"Toto, I've a feeling we're not in Kansas any more."
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