#230634 - 02/01/04 07:41 PM
Re: "gas $$" or "illegal guiding" ???
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Parr
Registered: 08/06/03
Posts: 53
Loc: Marysville
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Escapee,
I'll admit I can't see where exactly you are going with this but my.02 are as follows. Since only a couple people I know have boats, I typically am supplying the boat when fishing the salt. Should I be leaving from Marysville to Sekiu for example I wouldn't even have to ask for their contribution. Letting them pay for gas or ferry or food or all the above would not make me a guide. If I didn't know the people prior to the trip in my opinion wouldn't change anything. I believe if I supplied all of the above as well as the gear to catch fish, I would be considered guiding. Keep in mind this is the angle I thought you were going with this thread.
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#230635 - 02/01/04 10:46 PM
Re: "gas $$" or "illegal guiding" ???
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Dick Nipples
Registered: 03/08/99
Posts: 27838
Loc: Seattle, Washington USA
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"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.
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Team Flying Super Ditch Pickle
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#230637 - 02/02/04 12:00 AM
Re: "gas $$" or "illegal guiding" ???
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Repeat Spawner
Registered: 10/08/01
Posts: 1147
Loc: Out there, somewhere
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I haven't looked into the Washington Laws, but the Oregon laws have an explicit exception for the sharing of trip expenses. Since in general Oregon and Washington have fairly coordinated laws, I'd be surprised if there is an issue. I certainly have never heard of a problem. And god knows I'm a slut about asking for contributions.
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Hm-m-m-m-m
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#230638 - 02/02/04 12:24 AM
Re: "gas $$" or "illegal guiding" ???
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Three Time Spawner
Registered: 03/13/00
Posts: 1830
Loc: Kelso Wa.
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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.
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#230639 - 02/02/04 02:36 AM
Re: "gas $$" or "illegal guiding" ???
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Anonymous
Unregistered
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Originally posted by Todd: "If we take your boat, I'll buy the gas, bait, and beer". Man, you're generous.... I'd settle for just buying beer... but then again you probably couldn't afford that either! J/k Thats my philosophy too.
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#230641 - 02/02/04 12:02 PM
Re: "gas $$" or "illegal guiding" ???
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Spawner
Registered: 12/06/00
Posts: 783
Loc: bullcanyon
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Exactly what kev said.
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There's no head like steelhead! Operations manager of coors light testing facility.
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#230644 - 02/03/04 10:51 AM
Re: "gas $$" or "illegal guiding" ???
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Returning Adult
Registered: 12/06/00
Posts: 337
Loc: Tacoma, WA,
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This issue is more of a USCG than WDFW issue, according to USCG someone buying you breakfast, gas, etc in trade or as a good gesture for taking you fishing constitutes a boat for hire which means that you have to have your CG License when fishing in Federal navigatable waters. I think if WDFW wanted to push the issue they could also site you for guiding without a license in trade for breakfast, gas etc.
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"FISH HARD" ~
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#230646 - 02/03/04 12:11 PM
Re: "gas $$" or "illegal guiding" ???
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Spawner
Registered: 12/03/00
Posts: 657
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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.
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#230647 - 02/03/04 01:40 PM
Re: "gas $$" or "illegal guiding" ???
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Juvenille at Sea
Registered: 04/18/02
Posts: 154
Loc: Silverdale WA
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I have a boat and I don't ask for or take money to fish, my philosophy being it doesn't cost me more to go fishing with a buddy then without a buddy. Yeah, they offer, but I usually turn it down, but sandwiches, soda, that is nice. My buddies have also spontaneously got me replacement gear when it was lost (cannonball or flashers, misc. tackle) and I have done the same for guys I know and fished with before I got a boat.
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#230648 - 02/03/04 02:51 PM
Re: "gas $$" or "illegal guiding" ???
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Returning Adult
Registered: 07/23/02
Posts: 476
Loc: Edmonds
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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.
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ARGH!!! The cooler's EMPTY!!!
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#230649 - 02/03/04 02:53 PM
Re: "gas $$" or "illegal guiding" ???
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Parr
Registered: 10/19/03
Posts: 59
Loc: Auburn,Wa
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Kev, There is a couple of different licenses required for guiding. Rivers and Lakes: you will need either a steelhead license wich is 180$,or a salmon license wich is 150$, or both. In either case you are required to have a USCG 6 pack license, wich by the way are not hard to come by, you just have to go to school for it, Lick the maritime acadamy in ballard. Now as for salt water, you still need the USCG license, but , you cannot buy a charter license anymore, unless you buy out a charter business wich would probly cost you your first born child, your house and your left nut because they are not cheap! Plus it costs 400-500$ a year just to renew it each year! I hope that I explained it to you good enuff to understand. And by the way, If a Coasty came up on me while fishn and asked if my friends bought gas of food, or what ever, I would just say "Nope".
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#230650 - 02/03/04 03:54 PM
Re: "gas $$" or "illegal guiding" ???
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Smolt
Registered: 09/14/01
Posts: 94
Loc: America
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Set the record straight so y'all don't have an excuse. 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.
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#230652 - 02/03/04 07:51 PM
Re: "gas $$" or "illegal guiding" ???
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Egg
Registered: 02/03/04
Posts: 1
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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.
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