People think I’m kidding when I say you need a NY lawyer to go fishing but its true. Any of you charter guys ever have a problem when you are fun fishing with all of the rules…? For chits and giggles lets say you run a for hire operation, but you are out fun fishing with family. Lets also say that you were making copies of certain documents such as a dolphin-Wahoo permit and you left it off the boat. When you were checked you didn’t have said permit, and got a ticket. You argued that it was not a charter (it really wasnt). What say you…? What a dickload of grey area we have when going between fun fishing and charter fishing. It would have been best for said permit to have been on the boat, but it was not a charter, and everyone had a liscense. The DNR had to call their superiors who were on vacation so a ticket was written anyway. Anyone with experience here please chime in.
DNR sure wouldn’t have missed out on that revenue. What a bunch of bull. It was either a charter or not. Now that poor guy is going to have to go to the kings court and try to prove himself innocent and loose a day of possible earning.
Kind of the same thing happened to me a couple months ago. When i say “kind of the same thing” i mean the officer had a power complex but wouldn’t admit that he made a mistake after he clearly had. I was pulled over for driving in the grey area. Literally that is what he said. LOL. I asked if i had crossed the yellow or white line. He said " no but you almost did". When we went to court i asked the officer the same questions in front of a judge and he laughed and threw it out. It wasn’t funny to me. I lost a few hours from an extremely busy schedule.
They live amongst us and are breeding at an alarming rate!!!
Had DNR boat in Beaufort almost run me over one night doing 40 plus mph and charge me for my bow light not working…They didn’t have any lights on and said they had radar and didn’t require lights…long story short, I was bound and determined I would win in court if the judge heard the story from me…I related my whole story right here on CF.Com
Got a call from a buddy in Beaufort a few days before I could play Perry Mason and win my case…He told me next time I got a problem w DNR in beaufort keep it off the web and talk with the judge first…
Otherwise it would be in my best interest to pay my fine and stay home.
You asked for us to chime in,Chime,Chime,Chime
I never had a problem switching back and forth because I had all my permits on the boat and in order. It was really that simple.
Sea Hunt 207CC,Yam F150
Carolina Skiff (old school model)17’ Suz D50
Why would a professional not have their paperwork on the boat at ALL times? I don’t know any that wouldn’t.
How did he know you were a charter boat?
quote:I am sure you know this, but for the readers that might interpret this the wrong way, having a radar does not exempt anyone from the navigation light requirements.
Originally posted by capehorn 16Had DNR boat in Beaufort almost run me over one night doing 40 plus mph and charge me for my bow light not working…They didn’t have any lights on and said they had radar and didn’t require lights…long story short, I was bound and determined I would win in court if the judge heard the story from me…I related my whole story right here on CF.Com
Got a call from a buddy in Beaufort a few days before I could play Perry Mason and win my case…He told me next time I got a problem w DNR in beaufort keep it off the web and talk with the judge first…
Otherwise it would be in my best interest to pay my fine and stay home.You asked for us to chime in,Chime,Chime,Chime
Correct Skinny,I was trying to keep it short…
quote:
Originally posted by cape_fishermanWhy would a professional not have their paperwork on the boat at ALL times? I don’t know any that wouldn’t.
DITTO!
Read the post. My father was making a copy of the document and forgot to put it back in tbe file cabinet that you literaly have to have for all of the permits, etc and the captain didnt know it wasnt on board. With endless regulations and red tape It’s inevitable that something like this happens. We have already been told since we have the documentation that it will dismissed. It was not a charter though. The DNR lady didnt believe us, and said nobody has a Captain and mate and it not be a charter. They also couldn’t tell a king from a Wahoo, and tried to give a ticket for no HMS permit for a Blackfin
quote:
Originally posted by RedstripeRead the post. My father was making a copy of the document and forgot to put it back in tbe file cabinet that you literaly have to have for all of the permits, etc and the captain didnt know it wasnt on board. With endless regulations and red tape It’s inevitable that something like this happens. We have already been told since we have the documentation that it will dismissed. It was not a charter though. The DNR lady didnt believe us, and said nobody has a Captain and mate and it not be a charter. They also couldn’t tell a king from a Wahoo, and tried to give a ticket for no HMS permit for a Blackfin
Shows you the high caliber officials we have at our fine DNR law enforcement division. I’ve been checked before and had to tell the warden what kind of fish we had. If you can’t positively identify what kind of fish people catch here, you shouldn’t have the ability to write tickets for them.
Carry the paperwork as required and the end of problem.
Sounds pretty simple.
big dog
So… How did he know you were a charter vessel?
She…didnt…Her statement was that nobody owns a boat like that(61’ Davis) that is not a charter boat. She wrote the tickets soley off of that premise in her head. We only charter to a few people, and then do about 6/8 charters to our compay to take customers from our primary business. Another great government organization you all may have heard the IRS told my dad how to set this up to entertain customers. Agreed about carying the paperwork. The point however is that it was not required as this was not a charter.
So what is the course of action after you prove DNR wrong. It has or will impact you. Kind of seems as tho DNR judged you solely by the vessel you were in not by your actions or any evidence that she gathered. Good Luck!
I don’t believe that every law enforcement officer is a total d!@K. I ran into two a couple weeks ago that were awesome. It just sucks really bad when you run into the power hungry ones.
quote:HMMM . Were you planning to write the fuel for the trip and/or boat payment as if it were a company charter for customers? If so I say pay the ticket and relish in the fact that your yearly write offs from the boat are probably equal to the agents salary. No offense I'm just jealous .
Originally posted by RedstripeShe…didnt…Her statement was that nobody owns a boat like that(61’ Davis) that is not a charter boat. She wrote the tickets soley off of that premise in her head. We only charter to a few people, and then do about 6/8 charters to our compay to take customers from our primary business. Another great government organization you all may have heard the IRS told my dad how to set this up to entertain customers. Agreed about carying the paperwork. The point however is that it was not required as this was not a charter.
Simple. Ask for a jury trial and complete discovery - delay & delay &delay.
Were you planning to write the fuel for the trip and/or boat payment as if it were a company charter for customers?
Having a company-owned vessel does not a charter boat make. Having a boat (any boat) operated by a person holding USCG credentials does not a charter make. Don’t just pay it out of hand, there’s some edumacation of government employees available … 
For chits & giggles…say you drive a tractor/trailer for a living…say you like to drive your tractor to church on Sundays and you happen to leave your log book at home…say you get stopped by the DMV and can’t produce said log book…
…but I was only going to church officer…
Yeah…to be a professional you must act like a professional.
quote:
Originally posted by cape_fishermanFor chits & giggles…say you drive a tractor/trailer for a living…say you like to drive your tractor to church on Sundays and you happen to leave your log book at home…say you get stopped by the DMV and can’t produce said log book…
…but I was only going to church officer…
Yeah…to be a professional you must act like a professional.
Not when you are on a recreational trip. The rules are charter or recreational. Just about any boat has the ability to be a charter vessel, and laws/tickets are not based on assumptions - they are based on facts.
We talk about being professional - how bout the DNR? They should be held to the same standards and not issue tickets based on a hunch.