What is the exact question ref. "Need some LEO Input to a Keys based thread"?

I have been monitoring this thread but did not want to get in the middle.

What would you like me to comment/answer?
My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
Please Stay Safe And Have A Wonderful Day.
Special Agent Allan Coker
NOAA's Office For Fishery Law Enforcement

Replies

  • Roc N RolRoc N Rol Posts: 1,349 Officer
    Some claim Miami mutton is breaking the law by offering his service on private owned boats as a consultant without all the license required for a guide that takes clients out on the guides boat. Some claim he is ok doing what he does for a fee.
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Officer
    If he is going on their boat as a “consultant”. Providing just his knowledge of boating and fishing he does not fall under the definition of a charter, if fishing in Federal Waters. Meaning he is not required to have a Federal charter/headboat permit.

    However, if he is doing this and someone else pays to go along on the boat then he would be considered a charter.

    For example; Fisherman #1 hires him as a “consultant” on his boat and Fisherman #2 pays to go along fishing, then it would be considered a charter.

    *THIS IS ONLY FOR FEDERAL WATERS.

    I hope that helps and is not to confusing.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • Reef BanditReef Bandit Posts: 969 Officer
    Agent Coker,

    I see that you are very distinct saying "Federal Waters". Would the answer be different if it were in State waters? Or, is your area of expertise strictly Federal? Also, if the people that are going on the boat chip in for gas, food and ice but the boat is Privately owned is he still OK to charge a "consulting/mate" fee?

    Thank you
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Officer
    The FWCC would rather you use their myfwc site for questions related to state issues. I don't want to step on their toes. However, one of their officers are always welcome to answer questions here if they like.

    *I'm going to refer back up to the original answer which I got legal involved in.

    However, if he is doing this and someone else pays to go along on the boat then he would be considered a charter.

    For example; Fisherman #1 hires him as a “consultant” on his boat and Fisherman #2 pays to go along fishing, then it would be considered a charter.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • djjohnjdjjohnj Posts: 53 Deckhand
    This is great. I just wish the idiots that keep riding Benny could read and comprehend the response giving by the officer.

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