Are Influencers illegally guiding?

[Nickofthewoods]

Recently I came across a fishing "influencer" type on YouTube who has some sort of sweepstakes for his subscribers in which they win a day of fishing with him on public waters. This youtuber has well over 10k subscribers but is probably still considered a small player in the outdoor space. Nevertheless, according to various sources that still qualifies for Youtube adsense revenue in the range of anywhere between $500-$1500/month (from what info I could loosely find online). Not a terrible side hustle if accurate. However, when I looked up the entities with special use permits for the particular water they were fishing I could not find this person's name or the name of their YouTube channel so unless they operate under a totally different name I don't think they are allowed to guide there. So this is a roundabout way for people to become guides/outfitters without having to apply for outfitting permits? And unlike traditional Outfitters who must apply for permitting of specific areas these people can literally go anywhere and do this type of thing. If they are making money from SM by advertising "free" trips on that SM platform and then posting videos of that trip which in turn gets them more viewers subscriptions and ultimately more money, how is this not illegally guiding when on public lands? Just because no money directly changes hands? Also, they use different verbage other than "guided" in their ads such as "win a day on the water with us" but we all know what's really happening.

 

[Marble]

It's a client/guide relationship. Not trade of goods or money occurs, so it isn't guiding.

I guide hunters through a program a few times a year. We could film the hunts and post them also, but we do not.

I get what you're saying, but they aren't guiding someone with the purpose of being reimbursed from that person.

There are some rules with getting filming permits in the different forest systems. But I know nothing about them except that they exist.

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[Ucsdryder]

It's a client/guide relationship. Not trade of goods or money occurs, so it isn't guiding.

I guide hunters through a program a few times a year. We could film the hunts and post them also, but we do not.

I get what you're saying, but they aren't guiding someone with the purpose of being reimbursed from that person.

There are some rules with getting filming permits in the different forest systems. But I know nothing about them except that they exist.

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Could the cost of the hunt and gear that’s often given away be considered payment? Kind of opposite payment. Haha

 

[wapitibob]

I can offer my guidance on a WY hunt in exchange for a party app using your paid for points and it isn't guiding.

 

[Marble]

Could the cost of the hunt and gear that’s often given away be considered payment?

I'm not exactly sure what you're saying. But from what i understand, how the rules work, the person getting the hunt needs to provide something of value in compensation to the "guide." Im not sure what the person hunting is providing besides their presence.

I'm not defending the influencer at all. I would prefer all that crap was banned on public ground anyways.


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[Mcnasty]

@Nickofthewoods sounds like a huge sweepstakes.

 

[Nickofthewoods]

Maybe all I did was start a letter of the law vs spirit of the law discussion here. What I see is someone advertising to take someone hunting/fishing on public ground for an experience that will monetarily benefit the person advertising the trip. Albeit in a roundabout kind of way.

 

[Wrench]

Location is important. I have friends in Alaska who won't even take gas money on the boat because they're nervous about guiding or outfitting laws.

 

[Mojave]

I can offer my guidance on a WY hunt in exchange for a party app using your paid for points and it isn't guiding.

That would actually be illegal guiding.

 

[Marble]

That would actually be illegal guiding.

Man, I think that's a stretch. That doesn't mean it's right or ethical/unethical. I’ve done that exact thing in other states. The guys knew I was an experienced elk hunter and asked for me to join their party.

I wonder if someone can find the actual law that defines what guiding is in Wyoming. Or in general, other places.

I think the comment by the OP above bending the spirit and letter and of the law is fairly relevant. This may be a case where the laws have not caught up with contemporary issues.

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[Fireflyfishing]

Maybe all I did was start a letter of the law vs spirit of the law discussion here. What I see is someone advertising to take someone hunting/fishing on public ground for an experience that will monetarily benefit the person advertising the trip. Albeit in a roundabout kind of way.

It’s all about more content and more likes. I’m sure the content creators would like monetary compensation from the SM platform…but they also like the attention.

 

[Timberline001]

That would actually be illegal guiding.

If that’s illegal there’s a lot of people who need fined haha

 

[wapitibob]

That would actually be illegal guiding.

I've had the conversation with the WY Board of Outfitters.

 

[realunlucky]

I've had the conversation with the WY Board of Outfitters.

Does the board write the actual laws that regulate thier industry, or that's just how they interpreted the current regulations?

Apologize if that came out snarky, not my intention. I'm genuinely curious what role the board plays in regulatory implementation.

 

[wapitibob]

Does the board write the actual laws that regulate thier industry, or that's just how they interpreted the current regulations?

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They are the licensing and regulatory entity in WY.

 

[Scorpion]

That would actually be illegal guiding.

It’s actually perfectly legal. WY allows a “resident guide” to take two non-resident hunters per season. You have to fill out a form at a WY Game & Fish office but it’s free.

They will ask you questions to ensure the relationship is not a transactional one in nature and that you do in fact know the person.

 

[LongWayAround]

When they drum up hype that results in content consumption, which results in them getting paid, I think it is a very good question as to whether this constitutes illegal and unregulated guiding.

When does a giveaway become a guided trip? Is it a critical detail that the recipient be the individual paying in full?

There have been a number of cases where the lack of film permits became a charge. There doesn't seem to me to be a major step to say it becomes guiding at some point.

 

[Mike Islander]

I could not care less about this particular scenario.

 

[Nickofthewoods]

I could not care less about this particular scenario.

I wouldn't expect many people to care about this sort of thing until they notice it happen in a place they actually go. Do you want extra unnecesary outfitter activity in places you like to hunt or fish?

My above example is occurring in a heavily used (fished) area that already sees significant fishing outfitter activity. I bet the outfitters that went through the process of getting permits would rather this not take place as well.

 

[*zap*]

I hope they catch some good fish.