Guides with no captains license beware

Had a friend get checked by the coast guard yesterday on lake Murray. I have personally never seen the coast guard on Murray but this is his .02. He was fishing with some friends which is nothing wrong not a guide trip at all when he was approached by a coast guard vessel wanting to question him and his passengers on the boat. The coast guard has received numerous complaints by other guides on the lake and people about guides running charters with no credentials. The questions asked to the passengers after all said and done was were they fishing with a guide and they said no. They also wanted to know if the captain of the boat had made them pay for any fuel costs etc. They also said no that this was just a group of friends fishing together for fun totally legal. I’m not sure on the legality on this land lanckod lake but I understand all navigable water is to posses at least a six pack or inland water captains license. None of my business who has a license or not but just giving a report that was forwarded to me late this afternoon just have your ducks in a row if this was to happen. The source this come from was very reputable so I would expect the truth from this person but didn’t happen to me so will never know.

Does SC also require a guides license?

This type of issue came up many times when I was living in MD. Mostly on the Chesapeake Bay, but some bass guides who fished the reservoirs & rivers got in trouble years ago for not having a captains license. Legally licensed charter captains & guides were often accused of calling the Natural Resources Police or Coasties on non-licensed captains. Sometimes it was warranted, other times not. The licensed guys didn’t want competition.

MD also required a guides license, and did have a license for guides who only fished by wading or were shore bound. Apparently the law is being violated if a recreational captain/boat owner asks or implies that he expects expenses to be shared or otherwise bartered. Nothing illegal about sharing the expense, but it can’t be a condition of the trip or requested. Has to be voluntary. Even applies to any other activity in a boat, like hunting, bird watching or just being a passenger to get from point A to point B.

Yea I’m fairly positive U have to have one to guide in any kinda of excursion for hire. I know I was not apart of this that happened but sounded legit to me. I have heard captains complaining about other guides on the lake guiding and not having a captains license and I guess mayb their voice is getting heard. Guess they figure if they have to pay the 3+ thousand to obtain the license everyone else should to and I can’t really blame them makes no difference to me cause no money out my pocket but if they are starting to check periodically there will be some people with some much less weight in thier pockets

Just reel or get broke

I wonder what will happen when a tournament bass boat gets stopped. You’re fishing as a team, but, most of the time the co-angler is supposed to pay for half of the gas costs and half of the entry fee. Sounds like that might be a violation? Just curious.

if we are tournament fishing, we have an up front agreement to split all costs evenly between all parties on the team. if I am pleasure fishing, any guest are expected, but not required, to split gas and bait. if you don’t pay your part, you will get a free day of fishing, but likely your only one. :smiley:

with all that said, I doubt the Coast Guard is looking for the weekend warrior who’s trying to catch a limit of fish with his cheap buddies.

Well Hung
Nautic Star 2000 Offshore
200 Suzuki

I agree barbell1979. From my understanding they are not lookimg at the weekend warrior but I guess the guys that are guiding without the proper creds. Which I have been checked a few times in florida in the salt by the coastguard but never here. But eather way them boys can board any vessel at anytime and ask appropriate questions. Unless u are running a licence and boat that has to be inspected they will not look at that but they have asked questions. I argree it is common courtesy to help pay for expenses on a fishing trip/ tournament thats what I always do and im sure most of the people on here do as well but if the owner makes the people pay to cover his expenses I think that is a no no. But would take a real jackleg to tell the coastguard a friend made them do that lol

Just reel or get broke

From my understanding a guides license and captains license are 2 different things required for different areas and qualifications. Most lakes and inland river all you need is a license to guide, no captains license, a guides license is a lot easier to get and is localized to a specific area like a 20 mile stretch of river or a lake, were as a captains license is good were ever. If you have a captains license you still have to get a guides license for certain areas. Most people split cost by the price of the trip that day gas, bait, ice, but there are a lot more cost than that. From what I read it seems that this isn’t to stop the guy the guy getting his buddies and there friends to help with the cost of boat ownership or fishing, its to get the “poachers”. If my friends and I go on a trip as a group of friends to a movie, dinner, game, drinking, we all split the cost all the way, reservations, transportation, etc…, usually orchestrated by one person who is like a captian, sometimes if they put everything together well they go for free. If they want me to do something I don’t want to they have to pay for it and vis versa. Is joe smoe chartering for profit illegally wrong yes, is it wrong for your buddy to charge his buddies to go foggy area. If my buddy told his friends I’m gonna need yall to start paying for the whole trip and a little more because boaters life cost more than they new, or change in finances is making boating out of there budget. You better believe we are all gonna chip in to keep us boating, I’d probably ask to help before they would ask me. It literally cost me nothing to go in my boat because the low cost of operation and some one was always wanting to go in the boat and pay for everything. I’ve been on 2 boats were coastguard boarded and asked these questions and the answer was we all threw in to cover the expenses. That was as far as they went with that question, but this was coming in from offshore so they know with those expenses its necessary to split cost, nobody wants to sp

I have my 6 pack license and everything to go with it. The rule states that if you accept any money for gas or anything that helps with expense then you have to have a license. I’ve also been told by the coast guard that they have zero jurisdiction on lake muray. They told me that they could check you on Clark’s hill for a guide license because it joins two states together. All these guides need to mind there own business about who has a license or not. I know of 2 that have been doing it for years on lake murray without a license and just recently went and got them again. I could care less about who has one or not its none of my business or anyone else’s. Just my two cents worth on that.

Well hell I aint got anything to worry about because I always start out with at least a 24 pack#128521;

Shipwreck good points. I don’t guide so makes no difference to me. I know quite a few guides out there with no creds and thats on them. But whether coast guard says they have no jurisdiction on this lake or not is kinda a gray line they can pretty much go and do as they please but like I said ive never seen them on lake murray so thought never crossed my mind till I got a report. I wish I could have witnessed with my own eyes but did not. Just giving some insight to what I had recieved for people to be careful, how a man provides for his family I or anyone else cant judge but would hate to see guys get shutdown over a piece of paper but thats how the system works. I wont say the names but I have heard the dock talk from certain guides who are pushing the issue so I guess they are the ones that will battle this out with the local boys which im sure has been going on for a long time

Just reel or get broke

quote:
Originally posted by shipwreck

I have my 6 pack license and everything to go with it. The rule states that if you accept any money for gas or anything that helps with expense then you have to have a license. I’ve also been told by the coast guard that they have zero jurisdiction on lake muray. They told me that they could check you on Clark’s hill for a guide license because it joins two states together. All these guides need to mind there own business about who has a license or not. I know of 2 that have been doing it for years on lake murray without a license and just recently went and got them again. I could care less about who has one or not its none of my business or anyone else’s. Just my two cents worth on that.


You can ask for an even split of actual expenses without a license but nothing beyond that. Salt water is different than fresh but I must have a USCG OUPV license to carry up to six paying passengers, a SCDNR Charter license for the boat (not transferable to another vessel), three National Marine Fisheries Service permits (snapper/grouper, coastal pelagics, dolphin/Wahoo). They don’t add up to that much money but to stay legal you must have them.

Olde Man Charters
843-478-1538
Oldemancharters@gmail.com
286 Seafox/Twin 300’s

You’re fishing as a team, but, most of the time the co-angler is supposed to pay for half of the gas costs and half of the entry fee.

‘Supposed to’ and ‘must’ aren’t the same. If it were, every boat owner in a tournament would be required to have at least a 6-pack.

The rule states that if you accept any money for gas or anything that helps with expense then you have to have a license.

Better read up on that: SEC. 507. CONSIDERATION.

Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:

“(5a) ‘consideration’ means an economic benefit, inducement, right, or profit including pecuniary 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. :wink:

I hope no one comes in this thread and says anyone doing this is stealing money from legitimate guides. We’ve already spent several pages on that topic.

Down here is where a signature goes but they can confuse and anger some people so I don’t have one.

quote:
Originally posted by shipwreck

I have my 6 pack license and everything to go with it. The rule states that if you accept any money for gas or anything that helps with expense then you have to have a license. I’ve also been told by the coast guard that they have zero jurisdiction on lake murray. They told me that they could check you on Clark’s hill for a guide license because it joins two states together. All these guides need to mind there own business about who has a license or not.</font id=“red”> I know of 2 that have been doing it for years on lake murray without a license and just recently went and got them again. I could care less about who has one or not its none of my business or anyone else’s.</font id=“red”> Just my two cents worth on that.


Good points and I completely agree.

And this whole deal about the law says if you accept money for gas, blah, blah, blah… I always appreciate it when my fishing partner helps pay the expenses of the trip. I understand what the law says, but it would take a real “richard” to cite me for guiding without a captain’s license just because my fishing partner helps pay for the expenses of the trip.

If that’s how its going to be, then I won’t take anybody fishing. I’ll just go with someone else. Free fishing…:wink:

-The size of a fish is directly proportional to the time between when it’s lost and the story is told. - Me
-What’s the best eating fish, you ask? I’ve found that for a lot people, its the ones that they happen to be able to catch, clean, and cook. - My Dad (1/13/37 - 9/27/16 I love you Pops)
-Until you have loved a dog, part of your soul remains unawakened. Anatole France (paraphrased)
-RIP my “Puppy Dog” 10/15/2004 - 1/14/2013. I’ll never forget him. What a special frien

What Ship Wreck said! ^^^

Carolina Skiff 218 DLV
140 Suzuki

quote:
Originally posted by Bowhunter

And this whole deal about the law says if you accept money for gas, blah, blah, blah… I always appreciate it when my fishing partner helps pay the expenses of the trip. I understand what the law says, but it would take a real “richard” to cite me for</font id=“red”> guiding without a captain’s license just because my fishing partner helps pay for the expenses of the trip.

If that’s how its going to be, then I won’t take anybody fishing. I’ll just go with someone else. Free fishing…:wink:

-The size of a fish is directly proportional to the time between when it’s lost and the story is told. - Me
-What’s the best eating fish, you ask? I’ve found that for a lot people, its the ones that they happen to be able to catch, clean, and cook. - My Dad (1/13/37 - 9/27/16 I love you Pops)
-Until you have loved a dog, part of your soul remains unawakened. Anatole France (paraphrased)
-RIP my “Puppy Dog” 10/15/2004 - 1/14/2013. I’ll never forget him. What a special friend he was.
-Team Gonna Fish


I take offense to your reference … :wink:

… it’s my Wife’s fault we HAVE to fish !!!

2005 Sea Pro 2100cc / Yamaha 150hp 4-Stroke

quote:
Originally posted by Lawcrusher
quote:
Originally posted by Bowhunter

And this whole deal about the law says if you accept money for gas, blah, blah, blah… I always appreciate it when my fishing partner helps pay the expenses of the trip. I understand what the law says, but it would take a real “richard” to cite me for</font id=“red”> guiding without a captain’s license just because my fishing partner helps pay for the expenses of the trip.

If that’s how its going to be, then I won’t take anybody fishing. I’ll just go with someone else. Free fishing…:wink:

-The size of a fish is directly proportional to the time between when it’s lost and the story is told. - Me
-What’s the best eating fish, you ask? I’ve found that for a lot people, its the ones that they happen to be able to catch, clean, and cook. - My Dad (1/13/37 - 9/27/16 I love you Pops)
-Until you have loved a dog, part of your soul remains unawakened. Anatole France (paraphrased)
-RIP my “Puppy Dog” 10/15/2004 - 1/14/2013. I’ll never forget him. What a special friend he was.
-Team Gonna Fish


I take offense to your reference … :wink:

… it’s my Wife’s fault we HAVE to fish !!!

2005 Sea Pro 2100cc / Yamaha 150hp 4-Stroke


You know…:wink:

-The size of a fish is directly proportional to the time between when it’s lost and the story is told. - Me
-What’s the best eating fish, you ask? I’ve found th

I don’t understand the part of paying for gas, while I never require anyone that fishes with me to pay for gas most will offer or at leat buy bait even though I insist on buying bait .

In fact most guys that fish together will split costs of fishing trip

What would be difference in taking a bunch of friends on a pontoon ride an them buying gas for the day

Sea Pro 210cc
Yamaha 200 4 Stroke
Dodge 1500 4x4 HEMI
2008 Corvette 3LT

So, it boils down to what your passengers say to the leo. Easy fix!