Let's take it one step further, if we want to do 'what its'. What if 'the man' is watching you with his binoculars and sees just who is catching and keeping. You get a summons for over the limit fish, who is wrong, the CO or the fisherman?Now, I'm not saying catch five and take a nap, I'm just pointing out what the regulations are. Know what the regulations are and be willing to pay the price if you are not following the letter of the law. As a side note, it is for each of us to made a decision on what to do, and it's not in your best interest to post online that you would break ANY law.
As for the one fish over with two men (or any similar scenario, 2 over, etc) The CO can (not saying he will) write both if no one fesses up to ownership. It is called constructive possession (reasonable to believe either one could be in possession). Same as if you had contraband in your car and no one owns up to it. BUT, would your 'friend/fishing partner' do that to you? I know (hope) none of mine would, but there is that possibility. And you can bet that friend/fishing partner relationship would be over.
Quote from: IrishAyes on October 03, 2012, 03:09:42 PMAs for the one fish over with two men (or any similar scenario, 2 over, etc) The CO can (not saying he will) write both if no one fesses up to ownership. It is called constructive possession (reasonable to believe either one could be in possession). Same as if you had contraband in your car and no one owns up to it. BUT, would your 'friend/fishing partner' do that to you? I know (hope) none of mine would, but there is that possibility. And you can bet that friend/fishing partner relationship would be over.I believe the Jaimace ran into something along these lines earlier this year with sea bass?? Captain tried to play the old I didn't know my customers placed the illegal sea bass in the coolers I'm not responsible...but fish and game had another thing to say about that. could have my details wrong but its similar.
The captain on a party boat (or any boat) can not enforce the regulations. He can advise you what they are but can not enforce them. Some try to, some don't. Can you see a 150#, 5'8" mate telling a 275#, 6'3" patron that he will throw his illegal fish overboard? Good possibility that it will be the mate going over the side. On the same token, the mate can not cut a short fish. If he does, then he is in violation.
The real problem with using a boat limit vs per person would be when the trip is over. If 3 people are on my boat fluking, I drive by myself and my friends drive together. We catch our boat limit of 15. One of the friends decide they don't want 1/5 and I opt to take it. Then I surpass my per person daily limit. NJ could be a lot worse with limits. I just got back from fishing in FL for a month and their regs are outrageous. Boat limits, Personal limits, Creel lmits just become an area of mass confusion. And all 3 limits vary from fish to fish an species to species.
Quote from: Takes Prizoners on October 04, 2012, 04:05:36 PMThe real problem with using a boat limit vs per person would be when the trip is over. If 3 people are on my boat fluking, I drive by myself and my friends drive together. We catch our boat limit of 15. One of the friends decide they don't want 1/5 and I opt to take it. Then I surpass my per person daily limit. NJ could be a lot worse with limits. I just got back from fishing in FL for a month and their regs are outrageous. Boat limits, Personal limits, Creel lmits just become an area of mass confusion. And all 3 limits vary from fish to fish an species to species.WHAT A MESS!!!!! The thing with me is i am the only one who has a boat, AND the only one who cleans the fish so I wont run into thoes problems. [/quote just as long as you stay under YOUR limit. lol. I don't eat fish but I bring it home for other people. Usually only if Im on a party boat do I even do that anymore.
The Florida regs book is almost as large as the book on how to understand women. Here's the book on how to understand women for comparison. It's damn near close. lol. I saw an ad in a fishing magazine down there for an Ipad app of regs. I downloaded for $1 and looked through but I don't think it was very thorough when compared to the FWC's website. If I remember also, the regs change depending on the region of the state. I just throw everything back. lol. Unless there's someone around me that assures me it's a legal fish or it's listed in the Ipad App. lol
Regs are state wide, there are different rules for the 3 mile mark as well as the Delaware but for the most part if its 5 fish @18" it doesnt matter if your in Barney or Raritan
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