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  #16  
Old 03-19-2014, 11:29 PM
tkwalker's Avatar
tkwalker tkwalker is offline
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Join Date: Apr 2005
Location: Lebanon, Tennessee
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Smile This is correct ... This is Federal not TWRA <'TK><

Quote:
Originally Posted by Fishaholic View Post
Here is an excerpt from the Attorney General I found which may clarify things

It is the opinion of this Office that TWRA’s administrative interpretation, which exempts
fishing guides, charter boat operators and tournament fishermen from the definition of “commercial
fisher,” should be credited. Recreational, or sport, fishing is not defined under Tennessee’s wildlife
statutes or the regulations.And, unlike some states, Tennessee does not separately license or
regulate fishing guides. Charter boat operators, who take passengers and travel traditionally
navigable waterways, are generally subject to federal rather than state regulation. Although persons
who pursue these occupations may receive compensation for assisting others in taking fish from the
waters of the state, we believe the text of the statute on this point is sufficiently ambiguous that a
court would give deference to the agency’s construction of Tenn. Code Ann. § 70-2-205(b)(1).

So the way I interpret it is Tennessee does not require licensing but USCG which is Federal does. TWRA should know that and have advised you correctly, but then again I can't tell you how many times I have asked them a question and gotten misinformation.
.
TWRA does not require the Lic. In fact I worked with Doug Markham when all of this came about in 2000 ... to fight this ... ( What brought all of this on then was that a Senator and his family had chartered a Duck Hunting Expedition in Louisiana, If I remember correctly the boat collided with another boat in the fog and lives were lost, Shortly after that a Surplus WII Army Duck Amphibous landing vehicle sunk at some amusement park that they were using for rides .. Like Beach Bend in Bowling Green, KY. use to have .. .) So Washington drug up some almost 100 year old USCG laws that was on the books and enforced them ...


This is a Federal ..USCG Reg. ... TWRA does not have any say so in this matter and they won't enforce it ... Your okay until the Coast Guard rolls up beside you ... I wouldn't take the chance ... I could not afford the fines and court cost plus taking my boat and equipment ...

Here is another reason you may want to consider ... I encountered 7 USCG vessel inspections during my days of Guiding ... But what happens sometimes especially if you are a Striper guide ... Is the hatred of locals for guides especially around Dams up stream on Old Hickory ... There were a few guides who were not respectful of the locals ... which made them hate guides ... and knowing of the new USCG law enforcement they would take boat numbers down and report you. (I could not tell you how many times I had to dodge Spark Plug weighted bottom rigs being cast from the bank )... Also disgruntled Clients who would report you because they did not catch a Trophy that day ... So they would try to get you in trouble with the Feds ... So when I saw We could not win over the USCG ... I received my Lic. in 2001 and always advertised through my brochures and website ... USCG Capt. Lic.

Salty your from Fla. ... All of the guides down there are required to have a 6 Pack lic. (I know I have two relatives that are big Time guides there) This is what that is ... Same thing ... Since you guided in Fla. I am sure you have this ... All you have to do is contact the USCG office in Nashville and show proof of the Water time that has been spent on the waterways of Tennessee and they will add an extension of your Lic. to this Area ... So on my Home Page that is why you see USCG Capt. TK Walker ... <'TK><

Last edited by tkwalker; 03-20-2014 at 01:13 AM.
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  #17  
Old 03-20-2014, 09:52 AM
SaltySportsmanTV
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Thank you Fishaholic, thank you TK, great advise! sometimes one would think that they can rely on TWRA rules, adise and regulations but most times you have to have friends like you guys to watch your back!
Thanks again,
><SALTY>
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