Splitting Costs=Big Fines!

[can it be luck?]

I was visiting a different site when I came across some interesting reading. It seems as though the WI. DNR used a "sting" type operation to catch boat owners who were takeing money for the shared expenses of a fishing trip on lake Michigan. Several boat owners were fined in the Two Rivers area. It seems that ANY money taken for gas, bait, tackle, and even accepting a sandwich, can be an illegal act. So if a group of friends are out fishing in one man's boat, and the costs of the trip are split, the owner/Captain has just broke the law. How stupid!! I remind you that I only read about this and do not have "first hand" info, but I assume it to be true. In one of the cases, the boat owner, after takeing out some people(I don't think he knew them) was slipped some money for expenses. After seeing how much he was given, he tryed to return it. Too late....Busted! BTW, It sounded like one of the female officers was caught putting down bait on a hunter's deer stand last year when baiting deer was illegal. She was caught via Trail Cam. This is the second time I've heard of wardens doing this. I just added that in, my concern is about illegal cost splitting. I think the DNR could find better things to consume thier time with.... PS: Sgt. Rock, was that you asking the question about the busts?

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[Beckman]

Well if you read it on the internet... it must be true!

[kwkfsh]

CIBL, I saw the article in the WI Outdoor News. It appears that it was a case of illegal charters without the proper licenses. The information is then turned over to the USCG for enforcement action. The Coast Guard takes these violations very seriously because charter operators carry the most precious of cargo, human life! This was not a case of sharing expenses! It was a case of operating in violation of state and federal law. I have included a copy of the article which appeared in the Dec. 5 issue of the WI. Outdoor News.

By Dean Bortz
Editor
Two Rivers, Wis. — Undercover conservation wardens posing as Great Lakes charter boat clients caught five unlicensed boat owners with illegally accepting money for guiding fishermen on Lake Michigan.
Two other men who served as “first mates” were cited for lesser violations.
In all, the wardens wrote nine citations to seven men from five boats working out of the Two Rivers harbor, according to DNR warden Ryan Volenberg.
All seven defendants pleaded guilty and either paid their fines, or made arrangements to pay their fines, with Manitowoc County District Attorney Mark Rohr last month. Their fines totaled $4,191.50. None of these cases went to trial.
The main violation was chartering without a license (guiding without a sport-trolling license on outlying waters), according to Volenberg. That charge carries a $617 fine, of which $100 covers restitution for the sport-trolling license. The defendants, charges, and fines are as follows:
• Thomas F. Schroeder, 64, North Fond du Lac: two counts of chartering without a license, and one count of being party to overbagging. Schroeder was fined $617 for each of the first two charges, and $218.50 for the third charge, for a total of $1,425.50;
• Gary J. Mohr, 56, Wyocena: one charge of being party to the violation of failure to release a foul-hooked fish (on Schroeder’s boat), fined $198;
• John J. Gilbert, 68, Two Rivers: one count of chartering without a license, fined $617;
• Peter D. Tadych, 69, Van Dyne: one count of chartering without a license, fined $617;
• Keith A. Welnicke, 33, Two Rivers: one count of chartering without a license, fined $517 (Welnicke received a reduced fine in this case);
• Glen P. Kappelman, 28, Two Rivers: chartering without a license, fined $617;
• Keith A. Mosler, 36, Two Rivers: party to the violation of chartering without a license, served as a first mate, fined $300.
Volenberg and DNR regional investigator Steve Daye, of Green Bay, followed up on complaints of illegal chartering operations, then brought in wardens from outside of the area to serve as clients for Schroeder on the first outing.
“We started out with the one boat where we had received numerous complaints,” Volenberg said. “After we got on his boat, it was clear that he was connected with other individuals out of that marina who were doing the same thing. So, we talked to him about setting up multiple charters. On the next trip, four boats came out of that marina, including Schroeder.”
The fifth boat and its operator and first mate were not connected with Schroeder’s operation, but were caught during the same investigation.
Legitimate charter captains must have two licenses — the U.S. Coast Guard Great Lakes captain’s license, and the state’s Great Lakes sport-trolling guiding license. The state license costs $100. While the DNR can cite illegal operators for not having a state license, state wardens can’t pinch the operators for not have the U.S. Coast Guard license — that information is turned over to the U.S. Coast Guard for enforcement.
“The U.S. Coast Guard can also take enforcement action, but usually, on first offenses, the Coast Guard will put them on warning,” Volenberg said. “Then, usually on a second offense, the U.S. Coast Guard steps in. Back in 1999, a Kewaunee man was caught for a second time and was fined $10,000. The Coast Guard takes it very seriously if they don’t heed a warning.
“These are considered serious violations, as many of the unlicensed charters were also lacking the U.S. Coast Guard captain’s licenses, which are required for the safety of the customers. Also, these unlicensed captains were taking business away from legitimate captains who had invested a lot of money and time in obtaining the required state and federal licenses.”
Fully licensed charter boat captains must maintain insurances, undergo vessel safety checks, have minimum safety equipment, make daily fish catch reports, and are subject to random drug testing.
“Licensed captains are going to be the safest operators,” Volenberg said. “They have experience on the water. Lake Michigan can be a dangerous place. They have safe boats and know how to operate them. The No. 1 reason we require the license is to make sure that charter captains are operating safely on the Great Lakes. Anglers should ask to see their licenses before boarding. You shouldn’t feel bad about asking to see a license. Legitimate captains will have their licenses, and have them listed on their brochures. They will be happy to show their license.”
Volenberg said most of the illegal operators either don’t want to spend the money to take the U.S. Coast Guard test, or can’t pass the test.
“That test is often failed. It is very difficult and very in-depth. It costs a lot of money to go through the procedure,” he said. “So most of the guys who operate in violation end up not having met either (federal or state) of the requirements.”
The investigation began shortly after Volenberg arrived at his new post in Two Rivers in January. He began working off of complaints and a file from retired warden Jim Young. Volenberg and Daye began planning the sting operation in March.
“With the information we had, we knew where these individuals kept their boats, how to approach them, and we brought in wardens from outside the area to see if they could get onto the boats. That portion started in August, when the fishing picked up.”
Volenberg expects similar charges to be filed on two other individuals, one from Two Rivers and one from Kewaunee, in December or January. The Kewaunee individual was caught for a third offense.
Volenberg said the daily fish/catch reports that are required from licensed captains are one way for the DNR to gauge harvest and determine subsequent stocking levels of trout and salmon. Catches not reported by illegitimate operators can negatively impact fish management efforts on the Great Lakes.


[kwkfsh]

CIBL, here is another reason not to use an unlicensed charter. Your trip may cost you another $25,000.00.

UNITED STATES COAST GUARD
> DEAR PRUDENT MARINE ENTHUSIAST:
> THIS LETTER IS INTENDED TO FAMILIARIZE YOU WITH THE LAWS REGARDING
> CHARTERING OR OPERATING A VESSEL FOR HIRE.
> SOUTH CAROLINA OFFERS UNLIMITED OPPORTUNITIES TO ENJOY ACTIVITIES ON THE
> WATER AND CAN LEAVE YOU WITH MANY HAPPY MEMORIES WHEN SAFELY DONE.
> HOWEVER, MUCH LIKE THE FAMOUS EXPRESSION, "LET THE BUYER BEWARE" COVERS
> THE PITFALLS OF MAKING A NEW PURCHASE, A NEW EXPRESSION, "LET THE MARINE
> ENTHUSIAST BEWARE" APPLIES TO THE BOATING PUBLIC. YOU SHOULD BE AWARE THAT
> CHARTER FISHING BOATS MUST HAVE A LICENSED OPERATOR. EXCURSION BOATS MUST
> HAVE A LICENSED OPERATOR. SCUBA DIVING PLATFORM BOATS MUST HAVE A LICENSED
> OPERATOR. IN OTHER WORDS, IF YOU ARE BEING CHARGED IN ANY; WAY FOR THE
> SERVICES PROVIDED BY THE VESSEL, THEN THE OPERATOR OF THE VESSEL MUST HAVE
> A COAST GUARD LICENSE.
> THE ONLY WAY TO ENSURE THE OPERATOR HAS A LICENSE IS TO SEE IT. THE
> OPERATOR IS REQUIRED TO HAVE IT WITH HIM JUST LIKE YOU ARE REQUIRED TO
> HAVE YOUR DRIVER'S LICENSE WITH YOU WHEN OPERATING A MOTOR VEHICLE. THE
> LICENSE WILL EXPLAIN THE SIZE AND TYPE OF VESSEL THE OPERATOR CAN DRIVE
> AND THE WATERS ON WHICH HE OR SHE IS AUTHORIZED TO OPERATE. PLEASE PROTECT
> YOURSELF AND MAKE SURE YOUR SEE A LICENSE BEFORE THE VESSEL LEAVES THE
> PIER. MOST OPERATORS POST THEIR LICENSE ON THE VESSEL NEAR THE OPERATING
> STATION. IF THE LICENSE IS NOT POSTED, THEN ASK TO SEE IT.
> THE VESSEL OPERATOR IS THE MOST IMPORTANT FACTOR IN BOATING SAFETY. THE
> OPERATOR CONTROLS THE SPEED AND DIRECTION OF THE VESSEL OR WHETHER THE
> VESSEL GETS UNDERWAY AT ALL. THIS INDIVIDUAL MUST HAVE THE EXPERIENCE AND
> TRAINING NECESSARY TO MANAGE NORMAL OPERATIONS AND UNFORESEEN
> CIRCUMSTANCES. BECAUSE OF THE IMPORTANCE OF THIS POSITION IN GUARANTEEING
> THE SAFETY OF THE PAYING PUBLIC, THE U.S. COAST GUARD PROHIBITS PERSONS
> FROM SCHEDULING, CHARTERING, OR ARRANGING PASSENGER FOR HIRE TRIPS ON U.S.
> NAVIGABLE WATERS ON VESSELS THAT ARE OPERATED BY UNLICENSED INDIVIDUALS.
> BOTH THE CHARTERER AND THE VESSEL OPERATOR COULD BE SUBJECT TO A $25,000
> CIVIL PENALTY. ADDITIONALLY, LICENSED PERSONNEL IN VIOLATION OF THESE LAWS
> MAY HAVE THEIR LICENSES SUSPENDED OR REVOKED.
> PLEASE CALL MY INVESTIGATIONS DEPARTMENT AT (843) 724-7690 IF YOU HAVE ANY
> QUESTIONS.
> SINCERELY,
> F.J. STURM, COMMANDER U.S. COAST GUARD, OFFICER IN CHARGE, MARINE
> INSPECTION
>
>

[can it be luck?]

To have it explained like that is one thing, but I have listened to both sides of the story. The individuals that were involved routinely converse. To hear thier side of the story you may think differently. Should it be illegal to help pay for gas, food, bait, etc.? Or any type of compensation for that matter?Here are some of thier statements._______________________________________________________________________________________
Bork I have a feeling you don't know how some of these arrests went down. Imagine that you owned a 25 footer parked in the marina and one of the other boat owners had three people goin out with him but his boat was broken that morning. He asks if they can ride with you since your going out alone and your boat is warmed up. The morning goes great and the fish god rewards you for your kind deed. Here's the crooked part though. These characters have one of them pass you some gas money at the dock at the end of the day. A few new bills palmed to you on the farewell handshake. They all quickly depart. Once you've opened your hand and realize they left you three hunderd bucks you proceed to catch up to say you can't accept this kinda monet for gas but, ooops they throw the cuffs on you. What do you think, did you just get bamboozleed by a government agency. I can't beleive you'd be has happy about this if it was you getting shafted. Theres been alot less ***** aboard my boat since this went down on a friend of mine. ____________________________________________

Time to clear the air!-Bork-yes you can get a fine for accepting gas money!I would know because i was ont of the guys that got busted.I accepted $40 for gas to help off set the cost of gas.The DNR rules say"you cant accept any compensation"at all-this means when me a a few buddys went out one guy brang subs with him and when i asked the warden about it he said i cant accept anything!The Coast guard laws say that"you CAN accept food, money,fuel-anything needed for a days outting"My fine was reduced to $399-and with all the added costs the toatle was $517.If i would have had the money to fight it i would have!A member of the Coast Guard from the sturgon Bay office called me and told me"it would be in my best intrest NOT to fight the charges or they would seek max.penalties if i did fight it.The fine was reduced because i was only asking for gas-it really sucks.One guy with the same first name as me was a first mate on a boat and he was fined for not having a sport trolling lien.The DNR has the right to do what they want when they want with no fear of opposition-why because they swing such a big stick they make people too affraid to take them on.and they increase the fines if you do-Keith ____________________________________________
You see, there are two sides to a story.
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[This message has been edited by can it be luck? (edited 12-18-2003).]

[kwkfsh]

The way the law reads is that if you accept valuable consideration you need to have a captains license. I really doubt that the DNR or the USCG is running around trying to entrap innocent people.

Sounds reminiscent of Nixons "I am not a crook" or Clintons "I did not have sexual relations with that woman".

The article states that the DNR was responding to numerous complaints. These guys have now pretty well shot there chances of ever getting a captains license from the USCG.