"gas $$" or "illegal guiding" ???

Posted by: escapee

"gas $$" or "illegal guiding" ??? - 02/01/04 07:10 PM

Where do you draw the line between illegal guiding and collecting gas money for a fishing trip?In "Gas money" I am also counting boat launch fees, truck gas, bait , gear, 2stroke oil and any other costs incurred in a day fishing. Does it really matter if you know the guys you're taking with you?
Posted by: pillarking

Re: "gas $$" or "illegal guiding" ??? - 02/01/04 07:41 PM

Escapee,

I'll admit I can't see where exactly you are going with this but my.02 are as follows.
Since only a couple people I know have boats, I typically am supplying the boat when fishing the salt. Should I be leaving from Marysville to Sekiu for example I wouldn't even have to ask for their contribution. Letting them pay for gas or ferry or food or all the above would not make me a guide. If I didn't know the people prior to the trip in my opinion wouldn't change anything. I believe if I supplied all of the above as well as the gear to catch fish, I would be considered guiding. Keep in mind this is the angle I thought you were going with this thread.
Posted by: Todd

Re: "gas $$" or "illegal guiding" ??? - 02/01/04 10:46 PM

"If we take your boat, I'll buy the gas, bait, and beer".

I don't see a problem with that, even if you've never fished with them before.

Now, if you both live in Monroe and his share of the gas, bait, and beer to do Ben Howard to Lewis St. cost him $300.00, then you might be talkin' a different story.

Fish on...

Todd.
Posted by: Rapid Robert

Re: "gas $$" or "illegal guiding" ??? - 02/01/04 11:23 PM

This seems to come up a lot.
Dose anyone know anybody who was ever busted for taking gas money for taking their buddies fishing on their boat?
I never have.
Posted by: silver hilton

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 12:00 AM

I haven't looked into the Washington Laws, but the Oregon laws have an explicit exception for the sharing of trip expenses. Since in general Oregon and Washington have fairly coordinated laws, I'd be surprised if there is an issue. I certainly have never heard of a problem. And god knows I'm a slut about asking for contributions.
Posted by: AkKings

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 12:24 AM

If your boating/fishing the salt then your in Coast Guard jurisdiction and they go by the CFR's (code of federal regulations) which basically says, if the boat owner accepts any kind of gift or money for his services he is a boat for hire/charter.
That being said, the marine safety officer that tested me for my license said he didn't personally know of anyone who had ever been cited for accepting "minimal" amounts of fuel money, I don't think he said specifically what "minimal" meant.
Personally, I wouldn't sweat it.
Posted by: Anonymous

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 02:36 AM

Quote:
Originally posted by Todd:
"If we take your boat, I'll buy the gas, bait, and beer".
Man, you're generous.... I'd settle for just buying beer... but then again you probably couldn't afford that either! J/k

Thats my philosophy too.

beer
Posted by: Kev

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 11:40 AM

What's the old saying: Boats don't run on "Thank You's" and "I had a great time!". That being said, pitching in for gas and bait is the curtious thing to do and will more than likely get you another invite back.
wink

Kev
Posted by: glowball

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 12:02 PM

Exactly what kev said.
Posted by: BAITCASTER

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 09:48 PM

Im with KEV on this one! moose
Posted by: Rob Allen

Re: "gas $$" or "illegal guiding" ??? - 02/02/04 10:49 PM

guides license is only 180 bucks.. why not just get one then go ahead and charge 300 bucks for gas bait and food.. laugh
Posted by: RiverLiver

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 10:51 AM

This issue is more of a USCG than WDFW issue, according to USCG someone buying you breakfast, gas, etc in trade or as a good gesture for taking you fishing constitutes a boat for hire which means that you have to have your CG License when fishing in Federal navigatable waters. I think if WDFW wanted to push the issue they could also site you for guiding without a license in trade for breakfast, gas etc.
Posted by: Kev

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 11:19 AM

I realize we are straying off subject here and I know nothing about rules or regs regarding a "Guides License". Isn't the guides license that a Guide pays $180 for, good for only fishing on rivers? I think you need to be CG licensed and have a 6-pack Salmon license (hard to come by) to take people out (as a Charter) on the salt to fish for Salmon.
Again, I could be way off base here...

Anyway interesting subject, I'm always curious how other boat owners and their fishing buddies handle what could be an awkward situation. I usually supply the gear (unless they have their own or I have fished with before and they bring their own) and say pitch in a few $$$ for gas.

Kev
Posted by: Kyle_A

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 12:11 PM

I've owned both Salt and Drift boats and neither are cheap to own/operate. When I'm invited along with a friend to fish I definetly pay launch, share gas and maybe breakfast. Licenses, Insurance, and Storage don't come cheap. The only reason I can think of anyone not offering to help out is because they've never owned a boat and are unaware of the costs. If you don't help out, shame on you.
Posted by: Haifisch

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 01:40 PM

I have a boat and I don't ask for or take money to fish, my philosophy being it doesn't cost me more to go fishing with a buddy then without a buddy. Yeah, they offer, but I usually turn it down, but sandwiches, soda, that is nice. My buddies have also spontaneously got me replacement gear when it was lost (cannonball or flashers, misc. tackle) and I have done the same for guys I know and fished with before I got a boat.
Posted by: RK43

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 02:51 PM

If I take some one out on my boat and I foot the bill for the bait, gas, and launch. I expect a few green backs my way. Although I won't ask for it. They just don't get another invite.
Posted by: Slimebucket

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 02:53 PM

Kev, There is a couple of different licenses required for guiding. Rivers and Lakes: you will need either a steelhead license wich is 180$,or a salmon license wich is 150$, or both. In either case you are required to have a USCG 6 pack license, wich by the way are not hard to come by, you just have to go to school for it, Lick the maritime acadamy in ballard. Now as for salt water, you still need the USCG license, but , you cannot buy a charter license anymore, unless you buy out a charter business wich would probly cost you your first born child, your house and your left nut because they are not cheap! Plus it costs 400-500$ a year just to renew it each year! I hope that I explained it to you good enuff to understand. And by the way, If a Coasty came up on me while fishn and asked if my friends bought gas of food, or what ever, I would just say "Nope".
Posted by: Gregor

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 03:54 PM

Set the record straight so y'all don't have an excuse. laugh

The law was amended with the signing of the Passenger Vessel Safety Act of 1993.


You can now VOLUNTARILY share the expenses of a trip without creating a "passenger for hire" situation!!


Making contributions MANDATORY for passage, creates a "passenger for hire" situation. Consequently the vessel's operator must be licensed by the USCG to operate as a charter vessel.
Posted by: Kev

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 04:44 PM

Thanks Slimebucket, like I said I wasn't claiming to know the breakdown of each license or am trying to get one. I knew it wasn't as easy as paying $180 and your covered. Besides per Gregor's post, this is really not an issue.

Kev
Posted by: bpascoe13

Re: "gas $$" or "illegal guiding" ??? - 02/03/04 07:51 PM

I don't think you have to worry about gettting busted for guiding illegally if you are taking buddies fishing and you are sharing trip expenses. I am a fishing guide and the fish cops can tell when I am guiding and when my buddies and I are out fishing. Intent is a large part of any kind of legal prosecution. If you intend to be a fishing guide for profit, get liscensed.
Posted by: G-MAN

Re: "gas $$" or "illegal guiding" ??? - 02/04/04 12:52 AM

I've never asked or accepted gas money from anyone before. If I invite you, you are my guest.
SORRY, leave the beer at home. thumbs