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Nitzey
Posts: 268 Deckhand
Donation of fishing trip?
Nitzey
Posts: 268 Deckhand
My church is holding an auction of goods and services, and the most valuable thing I can think of for me to offer is an off-shore fishing trip. I would provide fuel, bait and gear and the payment for the auction winner would be to the church. However, I do not have a captain's license and something bothers me that there may be something illegal about this. So, can I do this?
Replies
I took out a retired minister.We had a silent auction last year to raise money
for a youth group and he bid $150,which,by the way,was highest bid item.
Never gave it a thought about captain issue,but you don't recieve the
money,church did.
I provided all that you intend on providing,but now wished I would have
mentioned will provide food/bev.and filet fish caught.May have got add.
bidders
I was thinking of suggesting a minimum bid of $500, which does not seem unreasonable for an off-shore charter.
I hope you feel good about your venture. A retired minister is unlikely to be rolling in money and hopefully he enjoyed himself tremendously.
Thanks for your thoughtful reply. It makes a lot of sense. On the other hand, what if the bid is considered a donation to the church? Much like the ubiquitous car washes, from cheerleaders, ball teams, etc. who request donations for washing your car. No real business there. No business license, nor taxes taken.
I saw this thread and that is a good question. I would think that there is a profit made here so this in my mind becomes a "for hire" situation. However I am not sure.
I saw this article online and hope it helps you:
And what is a passenger for hire?
We have received several emails asking about the necessity of having a captain's license. One such email described a situation that follows:
"A friend of mine was boarded by the Marine Police and the Coast Guard while fishing on the Chesapeake Bay. Since he had friends on board they separated the people and asked them if they were paying him to take them out. Of course they were not, they were just friends on a fishing trip. What troubled me, and of course him, was the fact that he was told by the Coast Guard that if you share the cost of the fuel that is considered a charter. Heck, most of us that fish all the time together share in the cost of the fishing with one another. Is this statement made by the Coast Guard true and could he have been fined for not having a captain's license if his friends decided to help pay for some of his fuel costs? What regulations cover these sorts of rules, for if this is true a lot of us are in trouble."
In years past there was some confusion as to what was specifically meant by 'passenger for hire.' However, that has now been clearly defined by the clarification of the rules below.
SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows:
"(21a) '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.."
DESCRIPTION - The determination of what constitutes the carriage of a "passenger for hire" must be made on a case by case basis. This determination is dependent upon the actual operation of a vessel and the flow of consideration as determined by the facts of each case. In general, there needs to be some form of tangible consideration or promise of performance being passed for a "passenger for hire" situation to exist.
SEC. 507. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:
"(5a) 'consideration' means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies." Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.
Saltwater Fishing Videos
Saltwater Fishing Videos
budgets were slashed so severely by the Gov.they did not have funds to put boats on the water.All but
one of their boats was out of commission because of boat,motor or trailer issues.
On the other hand, if you accept $ for fuel,bait or any other expenes you're now a "for hire" class. So if you're not getting any $ .............you should be in the clear. Let us know about the trip, and may God Bless!!!!!!!!!!
FOR RENT: Beautiful 2 bed 2 bath condo in Hunter Springs, Crystal River
I called them and was told they will call me back tomorrow with the answer.
When I go fishing with my usual cronies, we figure out expenses to the penny and split everything, but all this is voluntary and now we know perfectly legal.
Thanks for all the help here, and it is great to get this settled.
Seems tantamount to driving 58 in a 55 zone. Well below the radar for what the law was intended for.