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Discussion Starter #1
My mom is putting on an auction at the school to raise money for books. She asked my if I would let her auction off a sturgeon fishing trip for next summer. I would not get anything out of this except the good feeling of donating to my kids school.

I take friends and newbies out all the time. So I'm not worried about taking someone fishing. Sturgeon fishing is pretty easy fishing to have a new fisherman on board for. Mostly worried about getting in trouble for doing a "guided" type fishing trip and not being a guide.

Thanks
Kris
 

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If you're not making money..... it isn't guiding, and therefore, no worries.

But then I'm not a legal eagle..... :shrug:
 

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My mom is putting on an auction at the school to raise money for books. She asked my if I would let her auction off a sturgeon fishing trip for next summer. I would not get anything out of this except the good feeling of donating to my kids school.

I take friends and newbies out all the time. So I'm not worried about taking someone fishing. Sturgeon fishing is pretty easy fishing to have a new fisherman on board for. Mostly worried about getting in trouble for doing a "guided" type fishing trip and not being a guide.

Thanks
Kris
I'd be more concerned with your assumed liability in this venture. If anything were to happen YOU would be liable and probably the school regardless of money. I am assuming that you are not licensed to run charters. Not trying to rain on the feel good and kind offering, but check first before you get yourself into a bind.

EK
 

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It's sad that we have to worry about all these liabilities when we take someone fishing.

I offered a salmon trip for two, at my sons Little League Auction. We took two guys who had never caught a salmon before, and they both landed a nice Nehalem nook apiece and lost a couple too. Now one of the guys called me this year for a trip, and I told him, pitch in for gas and bait, and your welcome.

I guess I'm not to worried about it, cause I don't have anything worth being sued for. I like the plan of selling the fishing hook and the free trip comes along with it.
 

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Check with your insurance. If they say it's OK then it is. Perfectly legal.

I did it dozens of times before I got my license and Wildlife Heritage Foundation used to use unlicensed guides all the time. People worry too much about liability. The fact is according to a high power civil attorney I fished with, whether you have a guides license or not, if you do something negligent you are going to get sued, big time. If you do nothing negligent you have little to worry about.

No different than taking friends fishing.
 

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I do this every year. I've donated two trips per year to school auctions. I make sure that I have insurance on my boat and I don't take a dime from the people who won the auction. My insurance company told me it's the same as taking a couple buddies fishing and it's not considered commercial. It's a great way to help make a few bucks for the school. Last year one driftboat trip I donated sold for $550! :bigshock: I think BCF has done this a few times as well.
 

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I really don't know - you raised the issue of guiding and I know on the salty dog board this has come up in terms of how much we give a skipper for gas and what not - seems there are some rules on this.

The only reason I bring caution to this is sometimes, these folks who bid on your trips may claim a deduction on their taxes. Technically any amount they pay in the auction that is above the fair market value of the service rendered can be considered a charitable contribution.

There are other on her better at the guide rules or laws and frankly I don't have time to look it up - but I think someone might want to other than to assume cause you have insurance that it is OK.
 

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I really don't know - you raised the issue of guiding and I know on the salty dog board this has come up in terms of how much we give a skipper for gas and what not - seems there are some rules on this.

The only reason I bring caution to this is sometimes, these folks who bid on your trips may claim a deduction on their taxes. Technically any amount they pay in the auction that is above the fair market value of the service rendered can be considered a charitable contribution.

There are other on her better at the guide rules or laws and frankly I don't have time to look it up - but I think someone might want to other than to assume cause you have insurance that it is OK.
Don't want to step on any toes but there are some on this board coming awful close to "guiding" when they specify how much you should "contribute" to expenses. Helping with expenses is one thing. Telling someone how much they should pay to cover gas, travel expenses, etc. is going beyond.

Doing a charity trip is just that. Charity. No money goes to the skipper.

He donates his boat, gas and time. They donate money to the charity. All above board.
 

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Discussion Starter #14
I appreciate the input. I'll check with my insurance company to make sure I'm ok.

I think I'm going to have her offer a pair of pre-tied sturgeon leaders that they can use on a fishing trip. I'll get my buddy to go so he can help with the expenses. I'll have her put his name on there as well so he can be part of the donation. We both went to that school so it will be nice to help out. Mostly I'm helping mom out. She don't ask me for much. So when she rings the bell I try and come running.

Thanks again
Kris
 

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Do it-- it's a good cause, life's too short not to do good things. I give a couple of trips every year to our school auction and I'll keep doing it as long as I'm able.
 

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I did a couple of these last year. I clearly mentioned that I was NOT a guide and that there wasn't any guarantee that we would catch fish. I took zero payment and offered to bring lunch and everything. The fishing trip never happened due to scheduling problems with the guest. He wanted to take hi Dad but doesn't wantto go to the coast so when spring fishing lights up again on the Willy, I'll try and get him out again.

I also donated a boat ride on the Willy with an evening at the summer music in the park at Sellwood park. I met the couple at Cedar Oak and provided gourmet foods, wine and beer, and basically setup a picnic at the concert and then drove them back home.

In both cases, it would have been cheaper (more money to the school) if I had just given money to the event. I don't know if I'll do it again.
 

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It's sad that we have to worry about all these liabilities when we take someone fishing.
yes it is, but people seem to want someone to pay for there misfortune.... they dont realize @#$% happens
I guess I'm not to worried about it, cause I don't have anything worth being sued for. I like the plan of selling the fishing hook and the free trip comes along with it.
Is that why Ive only got gas & bait money in the bank, and I drive an old beat up 75 Inter Scout, pulling my old 70's starcraft.... the darn 95yamaha 50hp is worth more than either of the other two..... :laugh: :laugh:
 

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My mom is putting on an auction at the school to raise money for books. She asked my if I would let her auction off a sturgeon fishing trip for next summer. I would not get anything out of this except the good feeling of donating to my kids school.

I take friends and newbies out all the time. So I'm not worried about taking someone fishing. Sturgeon fishing is pretty easy fishing to have a new fisherman on board for. Mostly worried about getting in trouble for doing a "guided" type fishing trip and not being a guide.

Thanks
Kris
I hate to throw a cloud over this but I want to make sure the correct information is out there in order for you to have an understanding of the law.

In the definitions section of 46 CFR 24.10-1,

“Passenger means an individual carried on a vessel, except— (1) The owner or an individual representative of the owner, or in the case of a vessel under charter, an individual charterer or individual representative of the charterer; (2) The master; or (3) A member of the crew engaged in the business of the vessel, who has not contributed consideration for carriage, and who is paid for onboard services. 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.”

What this means is that if you obtain any consideration, that is monetary, material, or anything of personal or intrinsic value, to you or any one having an interest, (family), you could be considered as carrying passengers for hire.

So hypothetically, if your daughter was on a debate team and was involved in an auction where funds are contributed to subsidize her trip to Washington DC, and you volunteer to provide a fishing trip as a prize, you are carrying passengers for hire. This would require you having a Cost Guard license and be a guide under state law. In the case mentioned I don't believe we would be that nitpicky but if your children directly benifited from the use of the books, in the literal sence of the regulation, you could be considered as carrying passengers for hire.

I know this will stir controversy but I bring this up just so you know where you may stand in a situation like this. Common sence should be your guide.

Dan
 

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yeah, talk to your agent. I did and was amazed at what has been proven in court to be 'payment for services'. Made me think about getting a waiver printed up for anyone who enters my boat to sign. probably ought to have one for the truck too.
 
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