At what point are you guiding without a license?

Rich M

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When you charge money for your services. Until then, do what you want.

Some folks will say if you accept gas $ you are guiding. They are overzealous.

why would you go telling everyone that you are swapping hunts or getting anything in return? Shut your flap. You are hunting with a buddy.

Nothing else needs to be said or should be said. It really is that simple. Just go have fun.
 
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Trading hunts is only legal when done by a registered guide. In the other scenario, it becomes a slippery slope when one starts paying for the other hunters expenses. As is often the case, the final answer may be how the trooper interprets things.
We met a national park ranger this season and we had a nice conversation about the complexity of Alaskan hunting regs. He told us, in his 30 plus years of being a national park ranger, Alaska’s were the hardest to follow. We laughed. He laughed. Then he followed us. Lol j:k about following us.
 

jayhawk

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So could the posts asking for places to hunt and then offering money (or some other compensation) be one of those outfitter police stings?
 
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#2 is border line in my opinion. Just because its not a close friend. I have and will continue to help my best friend and hunting partner out to go on hunts with me. We discussed a hunting trip this winter over the weekend and he said he didn't think he could swing it for money reason. I told him to get to the house and id cover the rest. License are fairly cheap and we will be camping so not much expense on my part really, But i also make a minimum 3x as much as him in a year so i dont think anything of it to help him out. I mean i stay with him 30-40 days a year since he lives closer to where we hunt alot.
 
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I’m sure this varies State to state, and most scenarios are easily categorized. In my mind there’s some grey area, though. Two scenarios come to mind.

1. Hunt trip swap.

2. Friend of a friend, or somebody not immediately we’ll known, who agrees to mentor / participate / join for a hunt in exchange for his or her expenses being paid. The individual likely will have purchased his own license, tag, gear, but if a second individual picked up (for example) his food, hotel, airfare, but nothing above and beyond that… is he then “guiding?” I’m inclined to say no considering that he’s actively hunting as well, is not making a profit, is somewhat known to the second party.

Thoughts?


According to Alaska statutes, when money enters the equation, relative to assistance or accommodation or transportation, it's then become professional guiding/outfitting/transporting.

Swap hunts are tricky and I wouldn't recommend trying something like that in Alaska, considering the current statutes and regulations. There's been quite a few memorable criminal prosecutions in this state, pertaining to the "swap hunt" practice.
 

KHNC

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I think it was 2 bean burritos and a soda in NM.
In NM , if you are a liberal it is 100% legal. If conservative, it is completely illegal to buy someone two bean burritos and take them hunting. Also, All conservative hunters are very dirty and must wear a mask in all establishments.
 

wytx

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When you charge money for your services. Until then, do what you want.

Some folks will say if you accept gas $ you are guiding. They are overzealous.

why would you go telling everyone that you are swapping hunts or getting anything in return? Shut your flap. You are hunting with a buddy.

Nothing else needs to be said or should be said. It really is that simple. Just go have fun.
Sorry but in Wyoming compensation means more than just money.
From the rules book by WOGA:
(iv) “Compensation” and “Remuneration” mean payment of any kind,
without regard to value or agreement, including tips, presents, exchange of property or
services, or bartering for guide services.
 

WCB

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Arrest me then...helped a couple total strangers that I crossed paths with in the field locate and kill animals and they bought my lunch after.
 
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there is some common sense that is needed. THey are not out for the people who are swapping hunts or helping friends. They are out for the people who are guiding multiple people a year without a license. Not the average dude who is hunting with a friend who comes up for a hunt.
 

KHNC

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What western states do not require a license? Seems like Nebraska doesnt.
 
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I went on a hunt with a guy I knew. He had the wall tent and cots, and had me pitch in for food that his girlfriend bought at Costco or someplace. Then he started talking about other guys he had met in hunting forums coming up and paying for food, propane for the heater, gas, etc. to the point his hunt costs were covered, not just the guests' portion. I don't hunt with him anymore, but a few years after that hunt I talked with him and he had been charged with outfitting / guiding without a license. No clue if he was convicted or not, but he was pretty shady in all things outdoors (hence why I quit hunting with him), so I sort of hope he got in trouble for some or all of it.
 

WalterH

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May 14, 2020
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When are you guiding without a license?

In most states this is a very simple question to answer, and one need not rely on common sense and keeping the financial details of the arrangement secret to protect yourself. It is always wise to read and understand the laws that are applicable in your neck of the woods.

The answer is:

1) When you provide "guiding services,"
2) for "compensation."

"Guiding" and "compensation" have legal definitions, that is statutory and/or regulatory language that defines exactly what these things mean. These vary from state to state, but most are pretty similar.

Fair and equal cost sharing is not compensation.

Here are some examples from Alaska:

"compensation" means payment for services including wages or other remuneration but not including reimbursement for actual expenses incurred;

"guide" means to provide, for compensation or with the intent or with an agreement to receive compensation, services, equipment, or facilities to a big game hunter in the field by a person who accompanies or is present with the big game hunter in the field either personally or through an assistant; in this paragraph, "services" includes:

(A) contracting to guide or outfit big game hunts;
(B) stalking, pursuing, tracking, killing, or attempting to kill big game;
(C) packing, preparing, salvaging, or caring for meat, except that which is required to properly and safely load the meat on the mode of transportation being used by a transporter;
(D) field preparation of trophies, including skinning and caping;
(E) selling, leasing, or renting goods when the transaction occurs in the field;
(F) using guiding or outfitting equipment, including spotting scopes and firearms, for the benefit of a hunter; and
(G) providing camping or hunting equipment or supplies that are already located in the field;
(9) "outfit" means to provide, for compensation or with the intent to receive compensation, services, supplies, or facilities to a big game hunter in the field, by a person who neither accompanies nor is present with the big game hunter in the field either personally or by an assistant;
(10) "transportation services" means the carriage for compensation of big game hunters, their equipment, or big game animals harvested by hunters to, from, or in the field; "transportation services" does not include the carriage by aircraft of big game hunters, their equipment, or big game animals harvested by hunters
 
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I’ve heard enough.

Letter of law (to prevent unlicensed folks guiding thereby putting many others at risk plus an element of hunting state can’t monitor) vs common sense on what’s NOT a guide. Gotta have both.

Guess I’m right where I started.

If it helps, anyone providing services for pay on any federal navigable waterway on a sail or power driven vessel has to have a merchant mariner's credential (aka, "Captains License").
 

Rich M

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Sorry but in Wyoming compensation means more than just money.
From the rules book by WOGA:
(iv) “Compensation” and “Remuneration” mean payment of any kind,
without regard to value or agreement, including tips, presents, exchange of property or
services, or bartering for guide services.
So - it all boils down to what the definition of payment and guide services might be in the jury’s eyes.

Take someone into the mountains?
Tell em where to hunt?
Put em up for a nighthelp em find game and the one they shot that run off?
Pack out game?

Or does it have to be all 4 at once? Might depend on the lawyer.

I know oufitters do summer camping /fishing /horseback trips too. Does that outfitting thing count when you bring your family from XX state camping who then puts you up when you visit them there? Same thing. Doing favors. Prolly need to be taxed.

Isnt it just easier to mind our own business and not meddle in other people’s lives?
 
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