Re: boat capacity, who sets it?
Yes, manufacturers are not supposed to exceed those numbers, but can certainly go lower than the numbers that result from the USCG formulas and test procedures.
A couple of years ago, there was a well publicized court case against Mastercraft , where their person capacity on a 24 foot boat was 18 (IIRC). It met the USCG requirements, because the boat had lots of flotation, etc., but clearly that many people was too much in practice.
This case raised the question of not merely basing person capacity on the test results, but also on more practical limitations.