US Coast Guard License and Fishing Guides

[Greg Meyer]

Okay... how many full or part times guides do we have here? And, how are you dealing with the US Coast Guard enforcement of the OUPV licensing on all "Federal Waters" (almost everything now except your bath tub and kitchen sink).

 

[Scott Hammer TOXIC]

You have to have it to guide on any tidal waters anyway in Virginia. So it is pretty much a non-issue. What bothers me more is the recent publication of a new law to fleece ANYONE who fishes salt water.



Attention Saltwater Anglers



The new National Saltwater Angler Registry was launched by the federal government on Jan. 1, 2010, and will require virtually all saltwater recreational anglers in the United States (including Virginia) to call each year and register. The program is an effort to build a complete and accurate "phonebook" to better contact anglers to obtain catch information directly from them. Registration can be done through a toll-free number, 1-888-674-7411, or online at CountMyFish.noaa.gov. Anglers will be required to provide their name, date of birth, address, telephone number, and the regions where they intend to fish, although they will not be restricted to fishing only in those regions and will not be required to register separately for each region in which they fish. There will be no charge to register until 2011, at which point an annual registration fee of about $25 a year will apply. All fees collected through this federal program will go to the U.S. Treasury.



Those exempted from Registry requirements are: anglers under the age of 16; those who only fish on licensed charter, party or guide boats; hold a Highly Migratory Species Angling permit; or hold and are fishing under a valid commercial or subsistence fishing license or permit. The National Saltwater Angler Registry is a federal, not state, requirement. State fishing license fees will continue to be required. For more information on the Registry, please go to CountMyFish.noaa.gov. A Virginia Marine Resources Commission report to the General Assembly on the subject can be found in the following document: SJR Report (PDF)



TOXIC

 

[G8rmac]

Toxic-Have you read how they intend to enforce this? Do they expect local law enforcement to ask for the permit during normal boat/license checks? I also saw where there is an exemption to register if you hold a saltwater license from certain states-most coastal states except Virginia and one or two others. Not sure if they plan to raise the license fees in those states or not.

You don't have to be in saltwater, either. If you fish for stripers in the Potomac in D.C., you need to register, because it applies to "tidal waters".

Overall, a whole lot of "big brother" getting into our pockets. The scariest part of this is the line about where the money goes-not into the fisheries like most licenses, but straight to the treasury. A fishing tax!

 

[Michael Meier]

You must have the USCG license for any service where you are carrying passengers for hire.

Not just tidal water!!!! If you don't have it, your breaking the law. Licensed Captain's are required to report any unlicensed activites.



For the entry level folks here ya go:

Uninspected passenger vessels (UPVs), popularly known as "Six-Pack"

vessels, are

permitted to carry six or fewer passengers for hire. Passenger-for-hire is defined by the Code of Federal Regulations (CFR) as 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. UPV operations include, but are not limited to; fishing guide, para-sail, sight seeing, and ferry vessels.

2. In accordance with 46 CFR 15.605, a person who operates a vessel that carries one or more passengers-for-hire is required to have a valid Coast Guard license suitable for the vessels route and service. In accordance with 46 CFR 26.20-1, this license must be in the operators possession and be available for immediate production upon request of a Coast Guard officer.

3. Any person who fails to have a valid Coast Guard license, while operating an uninspected passenger vessel with passengers for hire onboard, will have the voyage terminated and will be subject to a maximum civil penalty of $27,500.



Lot's of other.... goes with this including CPR cert, drug testing, renewals, etc....



*If someone is paying you to take them out on a boat to do anything, you better have the license and some "for hire" insurance. Those of us that spent the time and money and do have the required USCG license's, insurance, etc... are covered. The rest will get hauled off by the Coasties. If someone was to fall out and die on your boat without any license, or get hurt, the lawyers are setup to take everything including your dreams. I have seen it happen.



All of the reg's in place for this keeps Darrel, Darrel, and his other brother Darell from calling themselves "Guides" and then hauling folks out and killing them in an uninspected tub. Since 9-11 they have added additional security to the process of getting the license's and also include sections in the course of instruction for support of national security.



The NOAA registration is also a requirement.

Virginia is lagging a little behind in getting this out to the public, but in Maryland it is already required. Next year in MD you will have to sign up in order to purchase a fishing license. This covers all tributaries into the bay. Not just the Potomac.

Some of us fish from DC to the mouth of the Potomac and other rivers that also dump into the saltwater so we really don't have an issue with this, nor would it matter if we did.. (OK, you can start *****ing here.....)



True form about By-Catch reportables, but you will want to dig into the reporting requirements as it stands now. There are a few more fish of interest on the list of reportables than what is normally considered saltwater.



Some of the fish covered in the survey that reside upstream of the saltwater line at the 301 Bridge:



gizzard shad

blue catfish

white perch

striped bass

spot

Atlantic croaker

summer flounder

common carp

sunfish family

warmouth

bluegill

pumpkinseed

redear sunfish

smallmouth bass

largemouth bass

sunfish genus (crappies)

white crappie

black crappie

yellow perch



I know a few of you guys catch some of these once in awhile! :lol::lol::lol:



Captain Mike (USCG Master Near Coastal 100 GRT/ Towing Endorsement)

 

[Greg Meyer]

Mike,



The "Federal Waters" definition changed drastically as a result of language in the Clean Waters Act. Lots of small lakes and rivers never before coveed in Minnesota and Wisconsin are now covered. In addition, less tyhan two years ago the "enforcement" was not including many more lakes and rivers that did fit the definition. So, suddenly hyundreds iof local guides are caught up without any notice.



Pre4viously, resort owners and lots of locals would "guide" customers. Now, they can't. Also, business owners/officers whio take customers out now "might" face enforcemnet as that is an indirect economic transaction. I have been advised by my insurance agent to cease accommodatng customers until I have the license. (enrolled in a class starting 3/?/10).

 

[Michael Meier]

Greg,

I really think it benefits

 

[Scott Hammer TOXIC]

Any stats on the "bubba's" "killing off or maiming prospective customers.":wacko::wacko:



I'll agree the OUPV is a good thing but do I need to know Chartplotting and fuel usage for inland lake use? No. There needs to be more targeted options. Rules of the Road, CPR, and other sections should be required. They need to put in some weather related training and it should also require an "on the water test section". It is geared more for charterboats.



TOXIC

 

[Bill Hamilton]

Tox - I concur with your comment about "charter boats". Like to know the stats on the "head boats and sheer number of people that go out on them versus the 4-8 person charter boat guides.

 

[Dan J.]

A USCG 6 pack minimum has been in force as long as I can remember for hire on all federal waters. (including all USCOE lakes) I got mine through Sea School (Chapman's) and didn't re-cert on expiration because I was done doing any guiding for hire. :wacko: (I had originally got it for my own salt water knowledge and benefit years ago in FL.) When I started here in GA, there was two other fellas on our pond that I knew of with their 6pk or 100T for hire, licensed and insured like a respectable guide service should have without question. There may be a couple more by now, but unfortunately, the majority of fellas guiding here are just "renegades", for lack of a better term. Before I left Florida, the state really began to crack down on bootleg guides after several bad incidents. So often anymore, it seems that a fella decides to buy a boat and figures that's all that is necessary to guide for hire. :unsure: It puts a hurting on the legal, responsible guides BIG TIME, but seems almost impossible to enforce. One of our more well known guides (Mack Farr) tried to establish a Capt.'s charter list approved by our local COE, but it never seemed possible to get the endorsement. (Red Tape I'm told) As always in ANY sevice industry, investigate your guide by referrals AND ask for copies of the necessary licenses (and insurance).

 

[Greg Meyer]

Wisconsin always had a "respectable" certification path (and still does) that was always applicable to guides. Your advertising MUST include your Wisconsin license number. Where this "new" enforcement is going to be very problematic is in geographical areas far removed from the Great Lakes and coastal areas. NO SCHOOLS!

 

[Michael Meier]

I'll agree the OUPV is a good thing but do I need to know Chartplotting and fuel usage for inland lake use? No. There needs to be more targeted options. Rules of the Road, CPR, and other sections should be required. They need to put in some weather related training and it should also require an "on the water test section". It is geared more for charterboats.

Scott,

You need to get a set of books for the class/test. It will have the items you question in detail. And they are part of the OUPV test. As is celestial navigation and use/misuse of GPS!! Your issues regarding the chart plotting and fuel can be rationalized like this: If we were to blindfold you and drop you in a boat anywhere there is water in the USA, can you get to the nearest port? Might not apply to Lake Anna because you can see the bank no matter where you stop, but the OUPV is for a Captain's license good for anywhere inside the US waters. (not near shore/off shore)