Do "I" need an OUPV license?

[hgmeyer]

I spent a few minutes talking to an instructor for the various OUPV license choices out there... And, in that conversation he raised an issue that might concern you if you fish tournaments and have sponsors... The scenario is as follows... You have a sponsor... And, he and another guest come out to prefish with you... There is an accident... Your insurance company may deny coverage unless you have an OUPV license.... Just something to consider, the Federal law apparently is very broad in scope about "commerce" and "exchange" so that this "quid pro quo" of taking a sponsor fishing makes it possible for you to have a requirement for the OUPV license... No license... maybe no insurance... Just food for thought

What's an OUPV License?

[Johnnie Candle]

Operator of Uninspected Passenger Vessel. This is a United States Coast Guard License.

I have one, and have for several years. These licenses only matter on waters governed by the Federal Government or deemed Navigable Waters by the Feds.

For example, here in North Dakota: to guide on Devils Lake, the USCG Lic is not required. However on Lake Sakakawea it is.

When I lived on the Great Lakes, the issue of Pirate Guides came up all the time. What is payment? Does gas money count? If a sponsor pays you for a fishing outing, that could very easily be considered guiding. IF you are on the right body of water, you may need the license.

Perhaps Andy Kuffer is watching. He teaches all of this for a living and could offer more insight.

[gonfishn95]

I too was going to ask,

[gonfishn95]

Thank you, must have posted at same time, kind of figured it was in that area,

What about tournaments? It seems to be the norm for the ameture to give the pro $50 for gas money every day. To me this seems to be accepting payment.

[hgmeyer]

I would first do a throrough sit down and review the matter with whatever company provides your liability coverage for your boat. The scenario was proposed by the class instructor... Next, comes the issue of USCG enforcement... They are out and about on the Illinois, and the Mississippi Rivers, and also Winnebago and the Rivers as well as on the Great Lakes... What would they do... is anybody's guess. What could they do... They could interpret the laws and regulations such that the Tournament person with sponsors is required to have the OUPV or other license...

Apparently, the rule reads as follows: "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"

So the $50 for gas is almost certainly a voluntary sharing of expenses. However, if, as part of your sponsorship agreement you are required to take people out... well, that just might be a "zinger".

As I said, food for thought... Me, I am going to take the class and get the OUPV license... The "Restricted" and "Limited" won't cover all the Federal Water that I fish...

I can't answer for those who fish in other states and provinces, but in WI an OUPV license is NOT required for tournament fishing. This issue came up a couple of years ago at a tournament at Lake Winnebago and the DNR and US Coast Guard both answered with a firm NO.

Hey Johnnie. I am listening.
An OUIPV license is commonly called a "6 pack" (not to be confused with the suddsy type). I do teach the USCG 100 Ton Masters class. The big question is could a person be sued for an accident on the water involving a sponsor? Sure. a person can sue just about anybody for anything these days. Most maritime lawyers wouldn't take the case though unless there was some exceptional circumstance. A person can have the sponsor added to their insurance policy.

Do I have a sponsor that I take fishing? Yes. Would I get a ticket for taking them fishing? Not unless money was exchanged for the trip. I do not offer them so many trips for so much money. They sponsor me for my tournaments and I take them fishing when they can go, and that is our agreement. I hold up my end of the bargain. I have been stopped by the Coast Guard, DNR's, Border Patrol, Police, and the canadians. The Coast Guard will be more interested in my essential equipment. If I am operating for hire on the Great Lakes, Western Rivers or Waters Specified by the Secretary I must have a coast guard license. Waters other than these there is no license requirment unless it is a local law or a DNR license requirement. On the Great Lakes an operator for hire needs a DNR permit or license and must pass a vessel inspection. Each state has their own requirements and to operate for hire in a different state other than your own you will need the proper credentials for that state. Your USCG license is good in every state and is seperate.

I do have a USCG license. I hope this is helps but for those of you who read this and need to ask me anything you can e-mail me at: afkuffer@hotmail.com

Good fishing
Andy Kuffer