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Thread: Legality of this?

  1. #1
    Member Phish Finder's Avatar
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    Default Legality of this?

    "http://anchorage.craigslist.org/rvs/1042467240.html

    Hello just posting a ad to see if any fisherman would be looking to go on a rafting trip from Brook trout road to Centinal camp ground on the Kenai river this summer. I have a 16 foot NRS Rivercat with a full frame with two decks on it one is a fly fishing deck ready to go and flip bead or flesh. I'am not a guide so I can not provide gear but I'am a fisn nut so might be able to have gear if you inquire ahead. I'am more looking for local fisherman who are looking for a cheap ride down the Kenai to help cover cost of fuel and food for me and my wife. We are very good with this float and every person we have taken out has caught more fish then any charter. I kinda take pride in rolling by the guides from Washington or whatever with a fatty 30 inch plus rainbow taking pics. They tend to not like the locals showing them up. I bring out a full size bbq grill and cook blue cheese burgers while you fish for silvers or reds it is far beyond any "guide" service. Anyhow really if you wanna come lemme know I wanna take names and numbers and just book as the weekends come but gimme a call if you have a special need. Im just a local cat who has to big of a boat with room to spare. I dont have insurance on the boat so if you fall over your on your own hate to put it that way but it is a stable cataraft and not really a problem. Anyhow anyone interested in doing this? Would like around $50 a head Call 748-7433

    Ps these pics are all from last season so you can see I get to the fish, not like the guides with a pic back from 1996 with one rainbow they caught back then with one guest and a guide from Oregon who is used to fishing leeches with 2 wt line. I fish Alaska style no holds and get limits "


    I have an issue with this. What do you guys think. Cost of fuel on a cataraft? I'm not much of a whistleblower but this doesn't seem legal
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  2. #2
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    Default

    It is very illegal. Someone has flagged it for removal.

  3. #3

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    Do you suppose someone could make $5000 off of this guy?

  4. #4
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    Has anyone reported him to fish fur and feathers for illegal guiding? I think he is in the refuge so would be a federal violation. Need to put a stop to this kind of activity as it sure sounds like he is trying to do more than just "share a ride" with someone.

  5. #5
    Member willphish4food's Avatar
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    "I'm not a guide so I cannot provide gear." If not a guide, you also cannot advertise your services. Meet and greets are great- forums are a great way to hook up with others of like mind and spend a day fishing. If you want to share costs, thats great- its the fair way to do a trip. When you start setting prices, though, its guiding.

  6. #6

    Default Just another form of CL-hookup.

    Perfectly legal to share expenses. He did not say he was a guide, not even close. He is not selling anything.

    Nothing in statute could possibly be construed to convict this guy of illegal guiding.


  7. #7
    Member ak_powder_monkey's Avatar
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    a fishing guide offers advice on how to catch fish with the intent of compensation so if he offers you any advice or flies or whatever and you are paying him then he is a guide, because he's setting a price this would be a commercial thing, even if he weren't a fishing guide it requires a permit from the feds.

    Anybody else notice a lot of mounted critters for sale on craigslist? Can people sell whitetail mounts up here?
    I choose to fly fish, not because its easy, but because its hard.

  8. #8

    Default

    Quote Originally Posted by ak_powder_monkey View Post
    a fishing guide offers advice on how to catch fish with the intent of compensation so if he offers you any advice or flies or whatever and you are paying him then he is a guide, because he's setting a price this would be a commercial thing, even if he weren't a fishing guide it requires a permit from the feds.

    Anybody else notice a lot of mounted critters for sale on craigslist? Can people sell whitetail mounts up here?
    No way...guiding is something that takes place in 'the field'. Advice..consulting...just look at what Strahan does....don't need no stinking gl to give or get paid for giving advice.

    Don't know bout the white tails.


  9. #9
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    Quote Originally Posted by AVALANCHE View Post
    No way...guiding is something that takes place in 'the field'. Advice..consulting...just look at what Strahan does....don't need no stinking gl to give or get paid for giving advice.

    Don't know bout the white tails.
    Yes you can sell any mounted animal legally including bear hides

  10. #10

    Default Check the regs

    Quote Yes you can sell any mounted animal legally including bear hides

    That is not accurate. Below is the cut and paste out of the reg book.

    Game taken under a hunting license MAY NOT be used for the following purposes:
    Buying, selling, or bartering of any part of a black or brown/
    grizzly bear,
    EXCEPT
    -- an article of handicraft made from the fur of a bear. (See defini-
    tion of handicraft, page 24
    -- black bears taken in predator control areas, where ADF&G
    will issue permits allowing hunters to sell untanned hides (with
    claws attached) and skulls, after sealing.
    -- brown bears taken in the brown bear control areas, where
    ADF&G will issue permits allowing hunters to sell untanned
    hides (with claws attached) and skulls, after sealing.


    Buying, selling, bartering, advertising, or otherwise of-
    fering for sale or barter a big game trophy, including
    any trophy made from any part of a big game animal.

  11. #11

    Default

    Quote Originally Posted by aklefty View Post
    Quote Yes you can sell any mounted animal legally including bear hides

    That is not accurate. Below is the cut and paste out of the reg book.

    Game taken under a hunting license MAY NOT be used for the following purposes:
    Buying, selling, or bartering of any part of a black or brown/
    grizzly bear,
    EXCEPT
    -- an article of handicraft made from the fur of a bear. (See defini-
    tion of handicraft, page 24
    -- black bears taken in predator control areas, where ADF&G
    will issue permits allowing hunters to sell untanned hides (with
    claws attached) and skulls, after sealing.
    -- brown bears taken in the brown bear control areas, where
    ADF&G will issue permits allowing hunters to sell untanned
    hides (with claws attached) and skulls, after sealing.


    Buying, selling, bartering, advertising, or otherwise of-
    fering for sale or barter a big game trophy, including
    any trophy made from any part of a big game animal.

    What about selling mounts in Alaska of animals that were harvested in other states ala white tail deer? Sorry to keep this off topic but I'm curious.

  12. #12

    Default AAC

    From the Alaska Administrative Code.
    TITLE 5. FISH AND GAME
    PART 3. GAME
    CHAPTER 92. STATEWIDE PROVISIONS
    ARTICLE 20. DEFINITIONS

    (5) "big game" means black bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat, moose, muskox, Dall sheep, wolf, and wolverine;

    (42) "trophy" means a mount of a big game animal, including the skin of the head (cape) or the entire skin, in a lifelike representation of the animal, including a lifelike representation made from any part of a big game animal; "trophy" also includes a "European mount" in which the horns or antlers and the skull or a portion of the skull are mounted for display;

    There is not a statutory or code definition of "big game trophy". We can only assume the definition is a combination of "big game" and "trophy". Since whitetails are not included under the definition of "big game", my best guess is that they are not covered by the code. Note that law enforcement or the courts may have a different interpretation than mine. I could not find any published cases on point.

    Also, there may be lacey act [Federal] implications if any law was violated in the jurisdiction that the whitetail came from.

    Sorry for the thread hijack.

  13. #13

    Default

    From what I have read (both here and on another site) this guy is acting as a guide/outfitter. He is advertising, offering to provide gear if told of need ahead of time, charging a fixed fee and taking the customers out to the fishing site. Sounds a lot like a person on another site that was "thinking" that a business renting equipment for hunting and fishing would not fall under the Alaska Fish and Game laws on guiding.
    He is also making at least one very big mistake in "thinking" that telling customers that they are on their own if they get hurt will keep him from having to pay if some one gets hurt. He will still be lible if someone falls off the boat and drowns. If that happens at least he won't have to worry about spliting the cost of the trip ever again; next of kin will probably get the boat as well as a lot of other stuff he won't like losing.

  14. #14
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    Default

    I can't imagine it is illegal to share the cost of a fishing trip. Heck there are 8 of us coming to Alaska in July, we're splitting the cost of the whole thing.

    I'm just not sure how much I would want to listen to the "How much better then a guide I am" blather.

  15. #15
    Member AKCAPT's Avatar
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    It is not illeagal to share the cost of the trip but the cost cannot exceed the cost of the trip. Asking for a flat rate that can't be linked to the cost of fuel and bait is not going to go over. I am not sure how a local person can't know enough people to take fishing. Why would they advertise to take strangers on their boat? I would think that it would be easy to find someone you know or deal with on a regular basis and take them on a weekend day. IF not, they can go on the fishing forum part of this site and get people to go.

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