WA yak fishing guide license

So I just talked with WDFW about what I need license wise to guide a 6 day San Juan Islands kayak fishing trip.

They're telling me I need a non-salmon charter license to guide bottom fishing trips, and that each kayak on the trip has to be registered as a charter boat. So a power boat charter would pay $410 a year for a license to take any number of people on their boat, but i would pay $410 per boat. so for me to take 20 people kayak fishing it would cost $8200, but for a PB to take 20 people fishing it would cost them $410.

After dealing with OMB etc. on the invasive species permit, I'm willing to bet I'll get a different answer with every WDFW employee I talk to.

Does anyone have experience with this? I'm looking for another interpretation of the law that I can use for argument.

When I asked the ODFW guy the question with the numbers listed above, I said "that doesn't make any sense" his reply was "most laws don't" appearantly they did not consider kayaks when the law was written.

This would explain why there are no saltwater kayak fishing guides in Washington though.

 is there a way around the professional guide status and just DBA a small outfit that clients must posess individual personal licenses.
 With you carrying the proper insurance of course.

is there a way around the professional guide status and just DBA a small outfit that clients must posess individual personal licenses.
 With you carrying the proper insurance of course.

Well I've got all that stuff as I'm a licensed kayak guide in OR & WA. But if someone gave me money to guide a kayak trip and I "help" or "teach" them fishing while in boats, technically I have to have a charter license. Would I ever get busted? Probably not. Would I be able to advertise a kayak "fishing" trip? Not a good idea.



So I guess at this point I could get around it by giving instruction on the beach, and then provide "kayak" guiding while on the water. I'm pretty sure if someone needs help or has a question, I'm still going to answer.

There are obvious loopholes for me, but I'd really like to advertise a fishing specific trip, and I'd like to say I'm the first licensed kayak fishing guide in WA. Other than that it will be a kayak camping trip with the opportunity to fish under your own direction. I guess I could just say customers pay me to guide kayaks, and the fishing is free.

Been down that road.  Effing WDFW ... Not nuch you can do about it.

any idea what the fine/prison time is if you somehow get busted guiding without a license? I bet it's cheaper than $410 per kayak the license would cost.

like if I advertise a $595, 6 day kayak camping trip that includes kayak fishing free of charge. 

One avenue you may want to consider ...

There is such a thing as a "beach guide" license for WA saltwater, mostly used by searun cutthroat fly fishing guides.  One could make the argument that a kayak fishing guide is more similar to this.  Primarily, because you are NOT captaining a boat that the clientele is on.  I tried this avenue before, without success, but it may be worth trying again.

-Allen

http://licenseinfo.oregon.gov/index.cfm?fuseaction=license_seng&link_item_id=14253

I have thought of doing this out of PC in the summer for the tourons, but I'm not sure if the hassle/time would be worth the effort. 

I just had a lawyer friend look at WDFW licensing requirements and this is what he said:

"Why would your clients need a fishing guide license? It says, "A Non-Salmon Charter license is required if you accept a fee..." Your clients wouldn't be accepting a fee so it wouldn't apply to them, right? Who is telling you this?

http://licenseinfo.oregon.gov/index.cfm?fuseaction=license_seng&link_item_id=14253

I have thought of doing this out of PC in the summer for the tourons, but I'm not sure if the hassle/time would be worth the effort. 

There's got to be more to it than that for OR. If not, I'm set in OR already.

What if I made it easy for you PP?

OK, good for O dfw but let him chew on Wdfw regs a bit... i bet he thinks they're crazy

OK, good for O dfw but let him chew on Wdfw regs a bit... i bet he thinks they're crazy

I meant WDFW & changed it on original post.

I don't see anything for ODFW besides the regular old outfitter/guide requirements, which means I'm good to go for OR.

San Juans are so perfect for multi-day saltyakfishcamping though. I'll have to think hard about where I would do a 5-6 day trip on the OR coast. That kind of raises the bar for experience needed from 0 to 10.

Guess there's always day trips, but that's not as fun.

I'm going to work on wieseling around WDFW regs. though.

http://licenseinfo.oregon.gov/index.cfm?fuseaction=license_seng&link_item_id=14253

I have thought of doing this out of PC in the summer for the tourons, but I'm not sure if the hassle/time would be worth the effort. 

There's got to be more to it than that for OR. If not, I'm set in OR already.

What if I made it easy for you PP?

curious ears are listening..

This sounds like bad information or just misunderstanding to me. 

The regular fishing guide services that I have looked up still say you have to purchase a fishing license - could be because they are small boat type guides and not some big boat.

Most importantly, I think that if you purchase that $410 license, and get a ticket, and show up to court, the judge is going to rule in your favor. 

This sounds like bad information or just misunderstanding to me. 

The regular fishing guide services that I have looked up still say you have to purchase a fishing license - could be because they are small boat type guides and not some big boat.

Most importantly, I think that if you purchase that $410 license, and get a ticket, and show up to court, the judge is going to rule in your favor. 

He was referring to the guide license, not the sport fishing license that every one is required to have. The way the WDFW guy told me, each boat has to be registered with a $410 non-salmon charter guide license.

I think that's pretty much what I'm going to do. I'll get the non-salmon charter and just wait to get busted so I can push my point.