Scrapper
Full Member
Calm seas are just daydreams.
Posts: 976
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Post by Scrapper on Jun 23, 2015 9:51:34 GMT -5
The D.N.R said "we know the difference between a guy receiving a few dollars for gas vs. guys giving $100.00 dollars or more to a stranger". They also said it is not really illegal to receive gas money for a fishing trip, just the above and beyond is what they are looking for. However it is still a gray area.
As far as the name calling from hawghunter, that will not be tolerated on this site. You will find that a rough road, so lets just end things right now.
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Post by lennyws on Jun 23, 2015 10:00:26 GMT -5
I fish on my own boat sometimes and fish with friends sometimes.....all I know is boats (especially big boats) do not run on thank you's! Helping out with gas for the boat should not be chartering.....it's just the right thing to do.
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Post by rwalker on Jun 23, 2015 11:27:06 GMT -5
Thanks for the link jenny ann. I read the entire two pages and didn't see any answers to my questions. It says "No person may engage or be employed for any compemsation or reward to guide, direct, or assist any other person in hunting, fishing, or trapping unless the person is issued a guide license by the DNR subject to 29.512 Wis Stats" So what is considered compensation? If a friend hands me a beer while we're fishing is that compensation? If they wanted to use a strict interpretation of the word compensation I doubt any two friends could ever legally fish together. I have been to Sturgeon Bay and asked these questions to the DNR & Coast Guard and no one was willing to give me any answers. Just to be clear I have no desire to become a charter captain or be in any competition with Champ, jenny ann, or Anchorman. Hell I'd rather sell my blood than be in the charter business Seems like a hard way to make a buck to me. I'd just like to be able to fish with friends and not have to worry about doing something illegal. I mean if I own the boat & someone hands me a ham sandwich am I receiving compensation & there for illegal?
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Post by rwalker on Jun 23, 2015 11:37:52 GMT -5
The D.N.R said "we know the difference between a guy receiving a few dollars for gas vs. guys giving $100.00 dollars or more to a stranger". They also said it is not really illegal to receive gas money for a fishing trip, just the above and beyond is what they are looking for. However it is still a gray area. I hear what your saying Scrapper & hope there is some common sense applied but we all know this not is always the case with the DNR. I find the $100 figure interesting as in the old days of 16' boats & dollar gas a $100 bill went a long way. Now I can't even turn the key on a big boat for $100. Anyway thanks for response & I agree it's a gray area that most of us need some instruction on.
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Post by jennyann on Jun 23, 2015 11:48:54 GMT -5
I agree, compensation is pretty loose wording. On the flip side if some thing happened and the insurance co found out you were "sharing expenses", would you be covered? Does your normal policy cover you for tournament fishing? All are things to consider besides what the dnr says. That being said, hope everyone is out having fun and enjoying the fishery! Eyes are biting, salmon are biting, and there is lots of fun to be had! Go fishing!
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Post by slowride on Jun 23, 2015 13:09:53 GMT -5
A “passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. Section 2101 of title 46 (5a) defines “consideration” as an economic benefit, inducement, right, or profit including pecuniary (fancy attorney word for money) payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.” Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration. Bottom line: If you are a recreational boater, you are allowed to share expenses for a day on the water. Just don’t make payment mandatory if someone wants a boat ride. boatsafe.wordpress.com/2010/02/26/do-i-need-a-captains-license/
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Post by jennyann on Jun 23, 2015 13:31:08 GMT -5
A “passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. Section 2101 of title 46 (5a) defines “consideration” as an economic benefit, inducement, right, or profit including pecuniary (fancy attorney word for money) payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.” Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration. Bottom line: If you are a recreational boater, you are allowed to share expenses for a day on the water. Just don’t make payment mandatory if someone wants a boat ride boatsafe.wordpress.com/2010/02/26/do-i-need-a-captains-license/Slow ride that is related to cg lisc. The link about compensation that I shared is state law regarding sport troll. So federally you can share expenses, no sport troll means no compensation in WI..
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Post by jennyann on Jun 23, 2015 13:46:48 GMT -5
Please note, I really don't care what you do, just wanted to clarify what the state says. I know we all contribute on my boat when we do fun runs..
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Scrapper
Full Member
Calm seas are just daydreams.
Posts: 976
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Post by Scrapper on Jun 23, 2015 14:06:59 GMT -5
The DNR warden stated and I think I didn't explain this properly. A stranger or acquaintance taking you out fishing and also getting compensated for more than their share of operating costs. Vessel size would be taken into consideration. "We know approximately what it costs to run a boat." Don't forget the warden also stated this is a gray area. I think common sense is in play here. Don't flash around cash after or right before a fishing trip. If I am asked about a trip out fishing I give out the names of my Charter Captain friends first.
p.s. They will find out if you know the person you are fishing with, because they will separate you and get it right. That is where you better not get your facts wrong, or you will suffer the consequences.
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Deleted
Deleted Member
Posts: 0
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Post by Deleted on Jun 23, 2015 14:14:18 GMT -5
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Post by rwalker on Jun 23, 2015 15:52:03 GMT -5
A “passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. Section 2101 of title 46 (5a) defines “consideration” as an economic benefit, inducement, right, or profit including pecuniary (fancy attorney word for money) payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.” Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration. Bottom line: If you are a recreational boater, you are allowed to share expenses for a day on the water. Just don’t make payment mandatory if someone wants a boat ride. boatsafe.wordpress.com/2010/02/26/do-i-need-a-captains-license/ Thanks for the link slowride. That's the best explanation that I've seen. Thank you to everyone for their responses
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Post by getchasome on Jun 23, 2015 16:12:32 GMT -5
Where is Blackout when we need him?
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Post by fishoil on Jun 23, 2015 17:04:52 GMT -5
I think your conscience will tell you if you're chartering or not. I take lots of different people out on my boat and don't ask for anything in return but occasionally someone hands me some cash to cover expenses. Since I'm only taking out people I know and perhaps friends or relatives of theirs I don't think it's a problem, have never worried about it, and won't start now.
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BlackOut
Full Member
BIRD IS THE WORD
Posts: 1,287
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Post by BlackOut on Jun 23, 2015 19:14:34 GMT -5
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