Boat HOing = charter?

Limits · Jul-04-2007, 11:13 PM

I've started a boat ho list on another sister site of BD.

Same basic principle as on here I think, with folks interested in HOing on a private boat while splitting the costs, chiming in to say they want in.

Well, one guy says that doing just that...splitting the cost of the trip, constitutes a 'charter' and without the proper paperwork and could result in a ticket from authorities.

I say thats BS as the same basic principle applies when folks share the fuel cost for a road trip to Vegas or split the cost of a hotel room.

He claims he knows of somebody who got a ticket for just that.

I told him nobody is making any cash, nobody is being chartered, and its definitely not a business.

Has anybody heard of anything like this? With over 10 years of private boating experience, this was the first I had ever heard of this.

Thanks in advance.

?? fisherman · Jul-04-2007, 11:29 PM

My ass its a charter! Not!!

Im with you on this one, and would fight that ticket all the way to the bank.

Splittling cost whether it's for fuel, bait, food and yes even maintenence is NOT a charter when no money is made.

Think of it as cost sharring and no different that splitting the cost of pizza's with the boys when watching a football game, or having a group of buds kick in and help cover the cost of a PPV event such as a fight.

The unknown fisherman

Limits · Jul-04-2007, 11:55 PM

Quote:

Originally Posted by ?? fisherman

My ass its a charter! Not!!

Im with you on this one, and would fight that ticket all the way to the bank.

Splittling cost whether it's for fuel, bait, food and yes even maintenence is NOT a charter when no money is made.

Think of it as cost sharring and no different that splitting the cost of pizza's with the boys when watching a football game, or having a group of buds kick in and help cover the cost of a PPV event such as a fight.

The unknown fisherman

Thats what I thought Mike.

Sounds like that guy is off his rocker or just trying to play spoiler.

I'd like to get more input and cc him this link.

Tree Doc · Jul-05-2007, 12:18 AM

Not sure how it works with DFG but it could require you to split a trip EQUALLY between ALL crew members INCLUDING the owner. We have a similar issue in aviation that if I fly you somewhere and you and your friends pay all my expenses, it's considered a commercial flight and falls under the restrictions of such regarding certifications, equipment minimums, etc. If expenses are shared equally between ALL, it's no problem and considered just a plane ride.

On the other hand, if you're actively seeking passengers unknown to you to cover costs other than just hooking up your buddies, it could be construed as a business operation requiring all the credentials of such.

Just a thought.

**Jason** · Jul-05-2007, 01:14 AM

This discussion goes on every year. No one I know has been busted for fishing with buddies. I pay my share anyways...

FishStalker · Jul-05-2007, 01:28 AM

Passengers for hire - Nautical Know How

mooningu · Jul-05-2007, 06:07 AM

Quote:

Originally Posted by Jason

This discussion goes on every year. No one I know has been busted for fishing with buddies. I pay my share anyways...

Thread jack.
Great new avatar !!!

sandiegofisherm · Jul-05-2007, 12:13 PM

we have going out with our freind and he has always told us if stopped by fish and game or coast guard to say that we pay nothing, and that the owner of boat pays for everything , we did get stopped once by fish and game at night by the bait barge , they tied off jumped in the boat and they asked if we paid to fish the boat, we replied no , they asked a few more times in different ways to same reply no , , i think they can do something about it if they want , so just have everybody say its a free ride and they pay nothing

**Ali** · Jul-05-2007, 12:38 PM

If you aren't making a profit it's not a charter. Period.

**Saluki** · Jul-05-2007, 12:40 PM

Quote:

Originally Posted by Gato Gordo

If you aren't making a profit it's not a charter. Period.

If that's the law, then 90% of the local S.D. fleet could be considered not charter boats after the dismal 2007 tuna season.

Az.monkey · Jul-05-2007, 12:56 PM

Quote:

Originally Posted by Saluki

If that's the law, then 90% of the local S.D. fleet could be considered not charter boats after the dismal 2007 tuna season.

Would that make them a non profit orgainaztion ?

**el Toro** · Jul-05-2007, 01:15 PM

This "law" and it's associated grey area applies to hunting also and is very strictly enforced. If you pay one single dollar to a "buddy" that takes you to a hunting spot (for ANY reason, gas, food, motel, etc) that constitutes "guiding" and the guy better have a guide's license. People get busted all over the West every year for this. I suppose it could apply to fishing too. Like many other things immersed in grey area, you just have to be smart about it. There is no clear cut asnwer and it usually comes down to intent. As long as you don't intend to be making a business of it, you should be fine.