Help with Gas Money

[caznik]

Ok guys,
I have a BIG ? about getting help on gas money during your fishing trips. I am not trying to start anything here but there is a guy on a web site that is telling me that it is against the law for your friends to help you out with the gas cost on any fishing trip that you happen to take. I will not give out any names that is telling me this, but I think hes been in the house to long and wants to get out fishing:D . There was a posting in the politics about gas and how much it cost now. Yes the gas prices are going up and we cannot do nothing about it. But On the thread I happen to say this.(Ya I know, those gas prices really suck. You will just have to get your fishing buddies to help out on the gas bill this year. Man it will really suck if it gos up to $3.00 a gallon). Now he is telling me that it is against the law for what I had said on this posting because I told people here that to get your friends and help pay for gas. Last year when I made a posting on the MS web site for my fishing league I did put on there that if you want to be a crewman with any of the captians here on the web site that you will have to probly pitch in $25.00 in gas money and for the event fee. Well later on I got a phone call from a charter captain telling me that I was breaking the law by telling other fishermen that they will have to pitch in for gas money. Well I do see the charter captains point there because he told me that I was chartering fishermen on my boat. Whitch I wasn't at all, it was to get guys on the web site out and go fishing with other members. So then later on I had the moderator take it off for me because I did thought that I was doing something wrong at the time. So is there someone on this web site that can find the law and post it for me that says that you cannot take gas money from friends period on a fishing trip. Now there is probly a law somewhere saying that if I happen to post something says, need fisherman to go fishing me this weekend and also need help on gas cost. Remember I am not trying to start anything here, but like to know about this law if there is any. I cannot beleive that your friends cannot help in gas money cost if they want to go fishing with you.

Rich

[GLF]

I do not have an answer for this. I am sure the charter captains will have an answer.

Perhaps it should be worded as a "donation" instead of a $25 fee.

If you go on a trip in your car and someone gives you money for gas, should you have a chaufer's license?

When I fished bass tournaments, my partner always split the cost 50 - 50.

Good topic Rich!

[Steve Arend]

I’m not a lawyer and I would never want to be but I think someone was feeding you a line of crap. Maybe they were pissed because they looked at it as if you were taking away from their lively hood posting something like that.

The way I see it, it’s no different then if a group of guys going on a camping trip and everyone gave one guy $$$ to pay for all the expenses. There nothing wrong with that.

Or,

Someone started up a hunting camp and in order to use that camp you had to pay $$$ to help out with the up-keep of the camp.

Or,

You had a friend or two that wanted you to take them fishing, “Sure if you pay for the gas.”

[Spawnwalker]

I have been told the same thing. One of my best friends is a charter captain, and have other friends that are charter captains. We've had this conversation before. So I have learned to never really mention the word money. We still work things out though. :rolleyes: Any payment is like a charter fee.

[CaptLevi]

Don't fret. It is legal for your fishing buddies to pitch in for gas. The law is quite vague and has to be interpreted by the officer in charge at the time. Basically it states that you may take money only for actual expenses for fuel, food, bait which you spent. Asking for a set price, donation, tip, etc. may be construed as chartering.
I would suggest however to not advertise that you want money from guests, just discuss it privately to avoid the hassle. (Plus even if the judge lets a person off, it could get quite expensive!)

[caznik]

Ok guys,
This morning I happen to have a little bit of time to email the DNR my thoughts about is it wrong to ask friends or buddies to split the cost in the gas money for fishing on Lake Michigan.
Well this is what this lady happen to say about it:

Response (Jaqueline Waber) - 03/15/2006 11:00 AM
Helping a friend out with the cost of gas is not illegal or considered running
an unlicensed fishing charter. I think that in the past, someone was probably
arrested or ticketed for running an illegal charter and the charter fees were
being disguised as "gas money."

People will always find creative ways to operate illegal fishing charters, so I
would recommend caution when asking for monetary help when fishing.


Well there you go right from the DNR there selfs. Now I did email the coast guard also about the same subject what I happen to ask the DNR. So far I have not yet received an email from the coast guard.

Rich

[GLF]

At $25 dollars a person I do not feel that is an unreasonable amount. Figure by the time you leave home, haul the boat to lake, fish for 6 - 8 hours and haul the boat back, you will spend $75 if not more in gas. You can figure gas will be at least $2.50 - $3.00 per gallon, if not more this year.

I am sure the charter rates will be up this year because of the gas prices. Those big boats do not run on water. OK...they do run on water, but you need gas to make them go :D

[caznik]

Ok Fishermen
I did get all the answers to all my ? that I had for this thread from the DNR and the U.S. Coast Guard.

U.S. Coast Gaurd-------

Hi Rich,

Thank you for your e-mail. The answer to you e-mail can be found in
Subchapter C - Uninspected Vessels, Title 46, Code of Federal Regulation
(CFR) Part 24.10-1 Definitations. Specifically,

Consideration - means an economic benefit, inducement, right, or profit,
including pecuniary payment accruing to an individual, person, or entity
BUT NOT INCLUDING voluntary sharing of the actual expenses of the voyage
by monetary contribution or donation of "fuel", food, beverage, or other
supplies.

Passenger-for-hire means a passenger for whom consideration is
contributed as consideration for carriage on the vessel, whether
directly or indirectly flowing to the owner, charter, operator, agent or
any other person having an interest in the vessel.

Coast Guard mariner credentialing and Regional Examination Center (REC)
information is available on the Internet at www.uscg.mil/STCW. Fish
on!!!!! Regards,


Jim Cratty
Licensing and Evaluation Branch
U. S. Coast Guard
National Maritime Center
4200 Wilson Blvd., Suite 630
Arlington, VA 22203-1804
(V): (202) 493-1048
(F): (202) 493-1060

DNR--------
Response (Jaqueline Waber) - 03/15/2006 11:00 AM
Helping a friend out with the cost of gas is not illegal or considered running
an unlicensed fishing charter. I think that in the past, someone was probably
arrested or ticketed for running an illegal charter and the charter fees were
being disguised as "gas money."

People will always find creative ways to operate illegal fishing charters, so I
would recommend caution when asking for monetary help when fishing.

Well what do you all to think about this now.

To me you can ask a friend or a member on any web site to help go in half of the cost of gas or the fishing trip. AS LONG YOU DO NOT MAKE A PROFIT.

Caznik

[GLF]

Way to dig into this and get an answer for us.

Thanks Rich!

[Mike]

That definitly clarifys it.. And it also shows, dont believe everything you here.

[CaptLevi]

Gee, I think that's what I said. You can ask your buds to cover ALL the lodging, food, and gas. But as far as just asking for cash online and such, again I would just discuss it in private to avoid the hassle.

"DNR--------
Response (Jaqueline Waber) - 03/15/2006 11:00 AM........
....People will always find creative ways to operate illegal fishing charters, so I
would recommend caution when asking for monetary help when fishing."

I mean if a DNR wanted to write you up, it's kinda like arguing a ticket with the cop. You still gotta end up beating it in court and that aint cheap!
I mean unless you like hassles!:D