Coast Guard Plans Cause Concern for Local Fishing Guides
June 10th, 2009
The U.S. Coast Guard’s plans to begin regulating commercial fishing guide services on Lake Texoma has guides and legislators upset.
Sector Houston-Galveston of the USCG recently distributed pamphlets around the lake saying it had developed a regulatory compliance implementation plan for Lake Texoma’s commercial passenger vessels and operators, most of which are fishing guide boats.
It announced over the recent Memorial Day weekend its plans to enforce licensing requirements for fishing guides, commercial sight-seeing cruises and party boats on Lake Texoma.
The USCG was present on the lake and boarded several uninspected passenger vessels, reportedly issuing only warnings but no citations for not having an Operator of Un-Inspected Passenger Vehicle license, also known as a “six-pack” license. Those found out of adherence are being offered a plan to reach full compliance by Jan. 1, 2010 before fines would be imposed. The law allows for fines of almost $27,000 for non-compliance after that date.
A “six-pack” license permits the captain to carry up to six passengers plus the crew. Operators must complete a Coast Guard examination to obtain a license. It includes results of a blood test for drugs, a physical examination and First Aid and CPR training certificates.
According to Lake Texoma guide James Allen, of Blue Water Striper Guide Service, the matter could be catastrophic if some compromise solution is not reached between the USCG, elected state and federal government officials and the guides.
“I believe 40-50 percent of guides would quit their service if the full-blown ‘six-pack’ requirement is not modified for small fishing guide boats,” Allen said. “As it stands now, it would cost a guide between $4,000 and $5,000 to be in full compliance. A lot of guides cannot absorb that hit.”
The USCG has not enforced the licensing requirement of fishing guides and commercial party boaters on Lake Texoma since regulations of commercial vessels were incorporated into Titles 33 and 46 of the Code of Federal Regulations more than 15 years ago.
The law, as written, says all commercial passenger vessels on navigable waters are subject to the law. Lake Texoma is considered a navigable waterway. The reason for the designation is reportedly because “the lake has been used in the past, or may be susceptible for use to transport interstate or foreign commerce.”
Fatality was a Factor
According to Division Vice-Commander of the USCG Auxiliary Bill Williams, the Guard developed and announced the plan to enforce the old licensing requirement only after a fatal boating accident involving a commercial fishing guide boat on Lake Texoma March 28 of this year.
“In 1992, Diane Williams, Coast Guard Auxiliary Captain, had a big meeting here at Texoma in which she met with all of the area’s commercial guides urging them to accept a ‘six-pack’ licensing plan and it failed,” he said of the attempt.
Legislators Seek Solution
Oklahoma’s U.S. congressional delegation appears united in its opposition to the USCG plans to begin enforcement of the licensing requirement on Lake Texoma.
U.S, Senator Jim Inhofe, R-Tulsa, has taken a very strong stand on the issue, saying he opposes the USCG plans to enforce the requirement on guides, expressing his belief it could cripple the fishing tourism industry.
Sen. Inhofe’s office has indicated he would like to see licensing and enforcement jurisdiction of the lake be handed over to Oklahoma and Texas, states with boundaries the lake straddles. The senator has promised to work with Oklahoma’s Washington delegation in order that a “common-sense solution” is reached in any negotiations.
Rep. Tom Cole, R-Moore, has described the threat of exorbitant fines for non-compliance of small mom-and-pop fishing guide services as “draconian” in nature.
Delegation member Rep. Dan Boren, D-Muskogee, has said the idea of imposing the controversial licensing requirements the USCG developed for major ports and waterways on fishing guides operating on Lake Texoma “is like using a hammer to swat a fly.” Boren said he supports allowing the states of Oklahoma and Texas to regulate fishing guides.
Locally, elected state officials have worked feverishly to develop its set of regulations to have in place if federal lawmakers can exert enough pressure on the USCG to relinquish jurisdiction over Lake Texoma (see page 4B Business for related story).
Gumm Expects Resolution
State Senator Jay Paul Gumm, D-Durant, explained how the Oklahoma legislature passed state guidelines and regulations in the last week of the 2008-09 regular session, putting in place a state statutory infrastructure in the event the USCG yields jurisdiction in the matter (see related story in business section of madillrecord.net).
Gumm said it is now up to the Oklahoma congressional delegation and the USCG to continue meeting together over the issue until the enforcement agency “sees the light or feels the heat.”
He likened the Coast Guard’s plans to begin enforcing the “six-pack” regulations by heavily fining violators as “killing a fly with a bazooka.”
Gumm expressed optimism that a compromise can be reached in the matter.
“I would be surprised if some resolution does not occur prior to that Jan. 1 date,” when the Coast Guard has said they would begin fining fishing guides found to be in non-compliance.
State Representative Samson Buck (D-Ardmore) said he, too, hopes for a solution to the matter by allowing the state to regulate small commercial passenger vessels on Lake Texoma.
Buck was hesitant to predict what will happen between now and Dec. 31.
“If they want to flex their muscles, they can do anything they want to do,” he said of the Coast Guard.
Congress controls the purse strings to the USCG’s budget however, giving its members the power to determine how much muscle the agency has to exert, Buck pointed out.
From "The Madill Record"