Fishing with Rod Discussion Forum

Fishing in British Columbia => General Discussion => Topic started by: HKSR on September 28, 2015, 02:14:49 PM

Title: Guiding without a Licence = Hefty Penalties
Post by: HKSR on September 28, 2015, 02:14:49 PM
Yikes, looks like Nile Creek Fly Shop may be in a bit of trouble:

http://www.bclocalnews.com/news/328555421.html
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: ShaunO on September 28, 2015, 03:10:05 PM
Having looked up the potential fines for this, I think "trouble" is a wee bit optimistic!
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: ShaunO on February 10, 2016, 01:23:53 PM
Fresh off of the Conservation Services Facebook feed:

"CONVICTED
$10,000 in fines
A Vancouver Island man was recently convicted of illegal guiding in Port Alberni Provincial Court.
The conviction follows a COS investigation, which began in January 2015, into allegations that the male was guiding for fish without holding an angling guide licence.
Between Sept. 2013 and May 2015, Courtney Ogilvie guided clients for fish on the Nahmint River near Port Alberni.
Ogilvie plead guilty to one count of guide for fish without an angling guide licence under the BC Wildlife Act. Upon conviction he was ordered to pay a fine of $10,000.
Report poaching and other environmental violations 24/7 to the COS hotline - 1-877-952-7277 (RAPP)."

Sucks to be that guy, but I really don't have any sympathy for him at all. 

Title: Re: Guiding without a Licence = Hefty Penalties
Post by: NothingToSnagAbout on February 10, 2016, 02:17:35 PM
How much would the licence have been?
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: ShaunO on February 10, 2016, 02:37:46 PM
$500 a year or $2000 for 5 year license ($400/year)

I don't think he gets a 20 year membership with his $10K fine thought... hehehe

http://www.frontcounterbc.gov.bc.ca/guides/fish-wildlife/guide-outfitter/fees/

Title: Re: Guiding without a Licence = Hefty Penalties
Post by: Every Day on February 10, 2016, 11:20:38 PM
Hefty fine my arse....

He's a repeat offender - he has also been ticketed for illegally guiding in Strathcona park on the Elk river (Van Island) as well. 10 grand is nothing. He should have got $50,000++ and jail time, or community service IMO. He guided illegally for 2 years, accepting cash only. How much money was robbed from legitimate guides, from conservation groups (through license sales - which there were none). How much money did he pocket instead of doing income tax. Think he had insurance? Think he asked clients if they had proper licensing?

He took advantage of the system, full well knowing that he could go without being caught for a long time. An example should have been made of him, and it wasn't. Now you'll have people thinking - over those 2 years it would have cost him $1000 in licensing, and a bunch more in insurance to run a legitimate business. He would have also had to stick to certain rivers - not whatever ones he wanted (would have made it more difficult to catch fish/hurt business).

So really, he got "fined" $9000. How much extra did he pocket doing it under the table? This is hardly a penalty, and won't stop any one else from doing it. My only hope is that this severely tarnishes both his reputation and his shop's reputation. I hope it costs him a bunch of money in the long run.

Title: Re: Guiding without a Licence = Hefty Penalties
Post by: RalphH on February 11, 2016, 07:31:59 AM
well maybe. "Hefty fines" and penalties really don't do anything to deter criminal activity. I'd bet there was some bargaining. The fine was perhaps not as high as could have been since he plead guilty and didn't clutter up the chronically over crowded courts. Judges also don't like destroying peoples lives particularly over offensives that society at large don't regard as serious as armed robbery or manslaughter. His reputation as been pretty much destroyed. Hopefully he is unable to run his business and has to close or sell. I'd be shocked if any major tackle makers or distributors continue to do business with him.
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: halcyonguitars on February 11, 2016, 08:17:13 AM
EveryDay...

Guides are restricted as to where they can guide?
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: Rodney on February 11, 2016, 08:26:30 AM
Guides are restricted as to where they can guide?

Correct. Your guiding licence allows you to guide on specific waterbodies.
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: halcyonguitars on February 11, 2016, 02:03:36 PM
Interesting, thanks!
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: Tangles on February 11, 2016, 04:38:02 PM
While the fine may not be much for that particular offender, I do hope it helps to deter the smaller scale beek wannabes from trying to run illigal business. I know of a one character that "guides" illigally several times per season, mostly Vedder. Fortunately he's an absolute joke of a fisherman and don't have to be taken too seriously. Yes, he frequents this forum a lot so I'm sure he reads this - I'm looking out for you T! I'm sure there's a few more clowns out there that would love to play "guiding" too, hopefully more busts will keep them in check!
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: greyghost on February 11, 2016, 04:44:51 PM
Well said Tangles! Cheers!
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: firstlight on February 11, 2016, 05:06:55 PM
Now they just have to go after all the so called assistant guides who guide .
Biggest joke in the industry.
Or the people  guiding Sturgeon on the lower Fraser below Mission because they don't need a licence there which is B.S.
If anyone goes out with a so called unlicenced guide then they should be charged too.
There is no shortage of real qualified guides out there folks and they have insurance as well as training if anything were to go wrong.
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: RalphH on February 11, 2016, 05:17:15 PM
Correct. Your guiding licence allows you to guide on specific waterbodies.

BC has very restricted guiding regulations. In some states all a person needs to do is buy a guiding license and the can guide where they want.They don't need a water rescue certificate or to have CPR certification. They don't even need to carry liability insurance. Idon't know about the rest of Canada these days but a few decades ago angling guides in NFLD were famous for boozin' & snoozin' while the client was fishing. 
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: clarkii on February 11, 2016, 06:47:30 PM
You don't just need a guiding license but need to buy days for a given river.  These days are limited and as such help restrict pressure on the system (in other words I can't just guide as many days I want on a system if I get a guide license).

Just a note i'm not an expert just a buddy guides in the Kootenays.   
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: Wiseguy on February 11, 2016, 08:12:11 PM
I held my freshwater guides license on Vancouver island. You had to pass an exam and pay the fees. You request which rivers you would like to guide on which is subject to approval from the MOE and the regional fisheries biologist. This was back in the nineties, at that time I could not get the Stamp and Salmon rivers as they were under a moritoriam restricting licensed guiding on those systems. You had be licensed and have liability insurance in place to cover your clients in case of accidents/injuries. C.P.R and First Aid training is recommended as well but not a requirement. If in doubt over a "legitimate guide" ask to see his papers. He should be more then willing to show them to you.
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: island boy on February 11, 2016, 09:29:28 PM
is it the same out in the chuck?
Title: Re: Guiding without a Licence = Hefty Penalties
Post by: Wiseguy on February 11, 2016, 11:12:55 PM
is it the same out in the chuck?
I'm not sure about the requirements for Salt water. Maybe someone with that knowledge can chime in.