[skatemaster]

Yes, I'm bored.

Scenario 1 - You alone go on a charter, with a captain and mate. 6 stripers go in the box. The captain and mate offer their fish to you out of kindness. You put them in your car and go home.

Scenario 2 - You go on a charter, with a captain and mate. 6 stripers go in the box. 2 go in your car. You run into the capt and mate away from the dock. The capt and mate give their 4 fish to you out of kindness to add to your 2.

Scenario 3 - You go on a charter, with a captain and mate. 6 stripers go in the box. 2 go in your car. You run into the capt and mate in town. The capt and mate give their 4 fish to your 1 year old twins to add to your 2.

Scenario 4 - You go on a charter, with a captain and mate. 6 stripers go in the box. You buy 4 stripers from the capt and mate, who have some special license that allows them to legally sell their catch to you. All 6 stripers go in your car.

Forget about why you need 6 stripers. Doesn't matter. What scenarios are legal or illegal? I say none of them are illegal. As long as the fish were caught or bought legally, why should anyone care?

 

[wader]

AS I UNDERSTAND IT

The law says 2 fish in your possession. If you've got more then 2 fish in your possession at the timee & you're stopped - you will be fined - period.

Clarification - 2 if you're fishing a commercail boat. 1 if not

 

[skatemaster]

Are your 1 year old twins each allowed to possess 2 stripers?

What if they were purchased? No limit on purchasing fish.

Everyone remember, this is a "fun" discussion

 

[620427]

"I say none of them are illegal"

"You alone go on a charter,
with a captain and mate"

Scenario 1 - captain and mate cannot retain fish while on charter for hire.
so they cannot keep fish.

Scenario 2 - see #1

Scenario 3 - see #1

Scenario 4 - breaking law twice on this one, first the captain cannot commercially fish while engaged in a charter, it is illegal. second illegal act is selling you tagged striped bass, they can only be sold to DEC licensed striped bass dealers.

 

[skatemaster]

Meg, where is the prohibition on the captain and mate keeping fish documented? Is this NYS only?

Scenario 5 - You go on a charter, with 2 friends. 6 stripers go in the box. The friends offer their fish to you out of kindness. You put them in your car and go home.

Are you allowed to possess fish that someone gave you?

 

[Striper77]

My understanding was that the Cpt. and crew cannot keep fish if they are operating under the "2 fish for charter boat fares" rule. The 2 fish rule is for the paying fares, not the crew, although in practice I think this is often violated, that does not change the rule. Any DEC guys out there who can verify this ?

 

[Billy40]

What if they were purchased? No limit on purchasing fish.

I know where this is going. LOL.

 

[614048]

The three issues as I see them are:

What is the intent of the regulations
How are the regulations written
How are the regulations enforced

I think the intent was only limit people from only catching 1 or 2 on a charter per person per day.

The regulation was written differently from the intent. The regulation prevents posession of more than 1 (or 2) fish by any one person. The regulation as written does make it illegal to catch more than one fish. It also makes it illegal to bring other people's catch home with you. It also makes it illegal to buy a sack of striper fillets from the fish monger.

Hopefully the officers charged with enforcing the law stick to the intent rather than the very broad way in which it was written.

 

[618586]

penal codes

are they enforced enough is the violation worst then the advantage

 

[baywatch]

Bored is Right

If you remember the mate doesn;t count for the crew when fishing inside.

I think if you where stopped by the DEC you would have a hard time explaining it to them. And you must present your stub from the boat also.

Got that from party boat Capt. on the Lazybones.

Apperently they do check if they warned us.

How many bass can you eat anyway?

Bill

 

[620427]

skate

i am not sure where to find these regulations for this in print.

i had this same discussion several year ago with some friends of mine, and to settle the matter i called the DEC enforcement office SEVERAL times to confirm this information.

i know these are the rules for NYS,
for other states i do not know.

"Scenario 5 - You go on a charter, with 2 friends. 6 stripers go in the box. The friends offer their fish to you out of kindness. You put them in your car and go home.

Are you allowed to possess fish that someone gave you? "

this one gets a little tricky, dec officers have written fines for such a situation. BUT
a lot has to do with where you are checked,
if you are on the water or along the shoreline, standing on a dock, you are considered to be in the "marine district" and you would probably get a ticket.
if you were in a car and stopped on the hiway and checked, there is less of chance you would get the ticket then.
this whole matter is a grey area, and needs to be challenged in court one day.
for the time being, dec can just write the ticket wether they are right or wrong, and you have to deal with it in court if you think they are wrong.

THE LAW how it was written:

"11-1319. Possession, transportation and sale of fish.
3. Possession - A person shall not possess on waters of the state nor the shores thereof, any species of fish (other than fish legall taken in a net or fish legally taken by holder of a license issued pursuant to section 13-0335 of this chapter) in excess of the number of such species which may be legally taken by one person in one day."

 

[jtzannes]

What if...

You're on your friend's boat, you limit out while he's skunked, you catch another and give it to him?

What if you limit while he's sknunked, you get another fish on and bring the it up, hand him the rod and you land the fish?

I'm bored too.

 

[partyboater]

What about on partyboats? I know the "limit is the limit" but I have never heard a captain announce anything although sometimes a boat will go in early when there is a "boat limit".

 

[MakoMike]

Guys,
Well, I can tell you for a fact that when the DEC sets up their roadblocks in Montauk, you had better have fish in the coller equal to what the people in the car are allowed or they will write you a ticket. Saw it happen many times on East Lake Drive and Montauk Highway.

 

[baywatch]

Especially Montauk

Hey Partyboater... What Mako Mike said is true. Once in a while I will venture out there and go on The Lazybones.

When you dock you are told to keep your admission Ticket in case you get stopped by the DEC. It is a fact they do it out there. P/B are alowwed the same as a private charter of 2 per angler.

When I first heard it I was a little shocked, but then again you are in Montauk.

Bill

 

[partyboater]

As of yet I have not gone out for stripers, mainly going for blues/fluke/c-bass/blackfish out of Huntington, Captree and Point Lookout. Do you think that the enforcement is more species particular or possibly location (ie Montauk)?

 

[baywatch]

In the Fall Maybe

Being that they really specialize in bass fishing the fall and given the amount of boats that advertise it I would think so.

The Lazybones askes that you call for resevations when they are jigging in the fall. Lots of night activity also using eels.

If you never tried out there it is worth it even only one time. Good fishing and beautiful surrondings.

I have my own boat but if I hear the bite is on and the conditions are good I will take a trip in the fall, nice people also.

Bill

 

[partyboater]

Baywatch- going to try to get out for stripers this year on the Northshore- Montauk is a bit of a hike for me and time is at a premium as I have a 5 year old and another on the way. Just picked up a Daiwa Sealine boat rod at the show and looking forward to trying it for bass/blues/blackfish.

 

[TJL65]

Weekend Togger

I spend a lot of weekends on Long Beach Island each year and know of a few jetties that hold nice eatting sized blackfish (4lbs and up) that are easy for the taking.

I usually weed through the bigger fish till I get a couple around 3 or 4 lbs. Now, I know the season is only one per person but I figure one fish for me and one fish for the wife who's reading her book on the beach.

I've been checked by Fish and Game and have never had a problem. Never been asked who caught what fish either.

 

[Striper77]

jtzannes,

Two fish in the boat, two guys = no violation.