[Gbollom]

Assets can be well protected in an LLC, the whole point of an LLC is so that if someone sues all they can get is the assets of the company

 

[Gbollom]

LLC's are safe if done properly, chrysler, pricewaterhousecooper and several other giant companies are all LLC's if it wasnt a safe way to operate these companies would not be structured this way

 

[country294]

Are you planning on doing this in Northeast Arkansas?

 

[iltfah]

STRIPERS?????? I would have sworn you said STRIPPER GUIDE!

sum biotch i just realized why everyone wanted to help hahahahahahah

 

[clark3]

An LLC protects all of your personal assets, the only thing you or any business partners can lose in a LLC is what you have invested period end of story. The LL stand for limited liability. There is no "managing parter" in an LLC bc an LLC is a single entity itself. The most you or anyothet business partner can lose is the amount you have invested.

 

[clark3]

I have a BBA in Finance and a BBA on accounting and can tell you anything you want to know about s-corps, c-corps, LP's, general partnerships, or LLC's

As for your original question. I would listen to the ones who have guide services like tail and scale and gar guys as I doubt they would get the 6pack and captains stuff and spend the $ if they didn't need it. Just my .02

 

[aquatic-archer]

Just found this thread and it has been help full. Just the other day my dad was asking me what I thought about starting a bowfishing guide service. So thanks for the info.

 

[pbrad]

Are you planning on doing this in Northeast Arkansas?

Yes

 

[meatblender]

Below is the reply emailed to me by TPWD about required licensing for a freshwater bowfishing guide service, my original email is at the bottom so you can read the question as I sent it to them. In the original reply email the words "salt water" were underlined in the paragraph explaining the 6 pack requirement, I suppose indicating that their belief is that the 6 pack is not required for freshwater only guiding.



Dear Sir or Madam,

Thank you for your email correspondence regarding a Fishing Guide license. We appreciate hearing from our customers especially when you have questions or concerns regarding the products or services we offer.

Fishing Guide License:
Required for any person who for compensation, accompanies, assists, or transports any person engaged in fishing in the waters of the state.

The fishing guide licenses are not available to purchase online.

• Fresh Water (Type 600): Residents or non-residents operating as fishing guide in fresh water. Fee is $132.
• All-Water – Persons operating as fishing guide in all public waters (salt water only or both fresh and salt water):
For residents, the fee is $210 (Type 610).
For non-residents, the fee is $1,050 (Type 710).

No person operating a motorized vessel or boat as a fishing guide on or in the salt waters of this state may be issued a fishing guide license unless the person presents original documentation at time of purchase that the applicant possesses a valid and appropriate U.S. Coast Guard (USCG) Operator’s License. It is the operator’s responsibility to assure compliance with USCG regulations. For additional information, contact the USCG Regional Examination Center in Houston, Texas at (713) 948-3350.


Freshwater Fishing Guide licenses are available at any location where licenses are sold.

All-Water and All-Water Paddle Craft fishing guide licenses are available only at TPWD Law Enforcement offices.

You may also purchase a fishing guide license at the Texas Parks and Wildlife Department Headquarters — 4200 Smith School Road, Austin, TX 78744 including all Texas Parks and Wildlife Department Regional & Field Law Enforcement Offices. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. unless otherwise indicated.

If further assistance is needed, please contact the License Team Monday through Friday from 8 am to 5 pm at 1.800.792.1112, Option 5, and then 2.


Thanks,
Amanda Thomas
Licensing Department
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744



*** E-mail reply requested!
*** Reply to: fasttwin@hotmail.com

User was on this page:
://www.tpwd.state.tx.us/business/feedback/webcomment/?p=/faq/index.phtml

Comment or Question:

Do I need to acquire a OUPV/6 PACK captains license in order to
purchase a Texas freshwater guides license for starting a
bowfishing only guide service? Thank you for your time.

 

[Gbollom]

It is the operator’s responsibility to assure compliance with USCG regulations. For additional information, contact the USCG Regional Examination Center in Houston, Texas at (713) 948-3350.

Here is the issue! Contact the USCG and ask them the same question and see what kind of response you get.

 

[meatblender]

Here is the issue! Contact the USCG and ask them the same question and see what kind of response you get.

They have been emailed, I am waiting for the reply. However further research through reading the CFR'S and other information on the USCG site indicates to me that the OUPV license is required to guide on any body of water deemed as "NAVIGABLE" by the USCG. These waters are normally used for (but not limited to) interstate transportation and heavy commercial use. Any body of water in the USA could be deemed as "NAVIGABLE" by the USCG at any time... apparently.

Below as it is taken from the USCG web site you will see it says "on waters designated as navigable" and below that paragraph the 33 CFR defining navigable water.

A vessel operator's license is required from the U.S. Coast Guard (USCG) to carry passengers for hire on waters designated as navigable by the USCG. It is the operator's responsibility to assure compliance with USCG regulations. No person operating a vessel or boat as a fishing guide on or in the salt waters of this state may be issued a Fishing Guide License unless the person presents documentation to the license deputy that the applicant possesses a valid and appropriate U.S. Coast Guard Operator's License. For additional information, contact the USCG Regional Examination Center in Houston, TX at (713) 948-3350.


33 CFR Ch. I (7–1–06 Edition)

2.36 Navigable waters of the United States, navigable waters, and territorial waters.
(a) Except as provided in paragraph (b) of this section, navigable waters of the United States, navigable waters, and territorial waters mean, except where Congress has designated them not to be navigable waters of the United States:
(1) Territorial seas of the United States;
(2) Internal waters of the United States that are subject to tidal influence; and
(3) Internal waters of the United States not subject to tidal influence that:
(i) Are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce, notwithstanding natural or man-made obstructions that require portage, or
(ii) A governmental or non-governmental body, having expertise in waterway improvement, determines to be capable of improvement at a reasonable cost (a favorable balance between cost and need) to provide, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce.
(b) Navigable waters of the United States and navigable waters, as used in sections 311 and 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1321 and 1322, mean:
(1) Navigable waters of the United States as defined in paragraph (a) of this section and all waters within the United States tributary thereto; and
(2) Other waters over which the Federal Government may exercise Constitutional authority.

 

[meatblender]

I suppose for the USCG to deem a body of water as navigable it would have to fall within the below definitions, which would include some of the Texas rivers that have the big gator gar in them making it important for a guide to have the OUPV in order for them to lawfully operate in those waters..... I think I need some aspirin!


(1) Territorial seas of the United States;
(2) Internal waters of the United States that are subject to tidal influence; and
(3) Internal waters of the United States not subject to tidal influence that:
(i) Are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce, notwithstanding natural or man-made obstructions that require portage, or
(ii) A governmental or non-governmental body, having expertise in waterway improvement, determines to be capable of improvement at a reasonable cost (a favorable balance between cost and need) to provide, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce.

 

[Gbollom]

Well the federal government can excersize constitutional authority over any public body of water according to the above then, therefor any water could be deemed navigable! Although I understood navagable as more of the technical definitions given and not the legal authority of the constitution

 

[Jace]

As I said before. In "Texas" you do not have to have a coast gaurd license to guide. You can certainly get one but you don't need one unless your in salt water or any navigable water way which according to the State of Texas, is a stream 30' or wider at its mouth. (Trinity is a navigable waterway) These guides on here might tell you that you need one because they have already broke down and paid for the coast gaurd license. Which most of them probably do, have, or will guide in salt water or a navigable waterway at some point. But if your just guiding on local lakes you can go down to your TPWD office and buy an over the counter guide license for less than $100.

 

[GarGuys]

As I said before. In "Texas" you do not have to have a coast gaurd license to guide. You can certainly get one but you don't need one unless your in salt water or any navigable water way which according to the State of Texas, is a stream 30' or wider at its mouth. (Trinity is a navigable waterway) These guides on here might tell you that you need one because they have already broke down and paid for the coast gaurd license. Which most of them probably do, have, or will guide in salt water or a navigable waterway at some point. But if your just guiding on local lakes you can go down to your TPWD office and buy an over the counter guide license for less than $100.

everything you said is TRUE Jace. You can go buy the lisc and get after it as far as TPWD is concerned. HOWEVER the Coast Guard can and will take over in case of a serious accident in any navigatable waters in the US. The coast guard recently wrote tickets on the Red and Texhoma to any guide without the 6pac. I understand this action came after a USCG captain reported striper guides that werent liscensed. the USCG set up a sting and booked trips with a bunch of them and then asked to see the credentials. the fines STARTEd at 10,000 per incident and that was for each person on board.
The long and short is you may get away with it but legally you are required to have it. Otherwise i wouldnt have gone to all the trouble.

By the way, i dont know of any waterway worth guiding on that is less than 30ft wide.

 

[Jace]

everything you said is TRUE Jace. You can go buy the lisc and get after it as far as TPWD is concerned. HOWEVER the Coast Guard can and will take over in case of a serious accident in any navigatable waters in the US. The coast guard recently wrote tickets on the Red and Texhoma to any guide without the 6pac. I understand this action came after a USCG captain reported striper guides that werent liscensed. the USCG set up a sting and booked trips with a bunch of them and then asked to see the credentials. the fines STARTEd at 10,000 per incident and that was for each person on board.
The long and short is you may get away with it but legally you are required to have it. Otherwise i wouldnt have gone to all the trouble.

By the way, i dont know of any waterway worth guiding on that is less than 30ft wide.

rivers or streams greater than 30' wide or navigable. which means (Red river, trinity river, sabine river) all navigable*

 

[Jace]

Texhoma and Toledo bend are special circumstances because they reside on 2 state boundaries. By current federal statute, because of its location between two states, is under the jurisdiction of the United States Coast Guard.

 

[GarGuys]

rivers or streams greater than 30' wide or navigable. which means (Red river, trinity river, sabine river) all navigable*

Yep and Texhoma, martin creek, lake livingston, cedar creek, lake fork, etc...all navigable. Anywhere you can boat is concidered navigable by USCG. If someone was killed in a boating accident on any of these waterways a report HAS to be filed with USCG.

 

[GarGuys]

Just for giggles, Email USCG and ask if you need a lisc to guide on Martin.

 

[Jace]

aight, I will.

The federal power over navigable streams derives from the federal government’s powers over interstate commerce set out in the U.S. Constitution. Thus, the federal test of navigability in fact relates to use as highways for commerce. States are free to adopt, and most have adopted, broader concepts of navigability for the purposes of state regulation. (Of course, state control of waters is subject to federal jurisdiction for interstate commerce and navigation.)