We enjoy fishing, whether you keep a legal fish or not is up to the individual. In the case you state above, I can only say this: You caught a bass,regardless how, it was a short, you hopefully released it, trying not to cause extra harm(stepping, kicking it back), it swims away, then floats, I would try to get it back to re-revive it. If I could not get it back, and its out of my reach, its over. This happens, and the next fish you catch is of legal size, then by posession, you can keep the second, as the first is gone out of your control, after you did a proper release. Do you honestly think because a bass dies your done for the day/night. It happens more often than people would like to admit, but releasing a fish that happens to die is totally different from catching a short and giving it away. It is at best a morale debate, I have seen people in the Rockaways, that catch fish for food, and I know people turn a blind eye to it. It is wrong, but these people eat bass to survive, cooking them in lots, sleeping in boxes. I think it is wrong, but **** if I will come between someones right to eat/survive when it is all they have, and believe me it goes on. These people hand line bass on discarded bait and hooks. It is a world of difference when a knowing angler on the beach carelessly keeps a short.
Sniper this is very simple.Catch a short bass release it dead or alive .Catch a bass 28 inches or more you get to keep it.If you catch another with in 24 hours you have to put it back .If you need more information you should call the NYS DEC.
Hope this helps.
You "possess" a bass, for purposes of the law, when you show your intention of keeping it. When you measure it and take a picture of it, then walk to the surf and release it, or when you drop it overboard, you have not "possessed" that bass. When instead of doing that, you place it on the sand near your truck, or throw it into the cooler or box--presto. You are now in "possession" of your bass, and you're only allowed to do that once, and provided that it is 28" or better. What you do with it after that don't count. You throw it back dead, or give it away, and "possess" another one, you've broken the law. That's they way DEC would read the law---if you can get a judge or hearing officer to buy any other argument about what constitutes possession, congratulations.
Massachusetts goes NY even one better---they have banned "high-grading". Up there, once a fish goes into a live well, or alive onto a stringer that's kept in the water where there's good current flow over its gills, that's your one bass "in possession". You can't release it, even perfectly healthy, in favor of another one. A fish on a stringer or in a live well is considered a "dead" fish.
I've reased over 400 bass this year, and out of those, exactly one went belly up right away and didn't recover. I can't tell you what happened to the others. That was also the only one in the past 3 years that floated away from me. What I can tell you, is that I use nothing lighter than 30# Fireline on stout rods, and I've never had a bass---up to my largest of 46#---on the line for more than 10 minutes. And, I basically stop fishing for them locally when the water temp gets over 70.
Sniper1's questions do not warrant any more responses. Is it just me, or is he trying to instigate an argument? His questions have been answered by you and the others. Let's squash this. I believe the questions being asked are a tad bit polluted.
The fact of the matter is, if you consciously make an effort to release a Striped Bass and it goes belly up, you should try your hardest to retrieve the bass and revive it. If you can not, and then you catch another that you'd like to take for the table, by all means do so. But if you're getting at KILLING a bunch of fish (accidentally upon release) and then keeping one despite the 'floaters,' then it comes down to morality. If I sent back 2 floaters I wouldn't consider it, but hey, that's just me. If you can honestly say you've done all you could to revive the bass that went belly-up, then you are entitled to a fish, although you'd be a real rascal (in my humble opinion) to take a fish after you've released 2+ dead 'floaters.' That's when you leave the realm/classification of sport fisherman and get titled "slaughterer."
There is no gray area. These are not Mike's standards, these are the rules set down by the DEC. Try as you might to twist it, the law is clear. If you can't understand it, after all of the explanations above, then I don't know how to help you. It's pretty simple.
In all this debate, it should be noted that while everyone is busy beating each other up over ONE keeper in 24 hours, we should realize that over in New Jersey you can keep 1 slot fish between 24 to 28 inches and one fish over 28 inches AND with a special(free) permit you can keep another fish over 28 inches ALL IN THE SAME DAY. Worse yet, there is no closed season 0 to 3 miles from shore. I also undertsand that the size limits decrease further in states like Delaware and Maryland.
So it would appear that either New York is way too conservative or New Jersey doesn't give a rat's patoot. After 5 years of surf fishing from Montaulk to Cape May and avidly reading the fishing reports in both NJ and NY, there does not seem to be a discernable difference in the number or size of fish caught in either state.
The bottom line is that if this sport is serious about protecting the fishery AND allowing us to take something home for our efforts, then there needs to be some consistency up and down the Atlantic coast. Does anyone have any idea how that might be accomplished?????
New York anglers had the opportunity to keep 2 at 28" a few years back.
Much to their credit, they rejected the idea of keeping 2, and so the law became 1 at 28".
The charter and party boat operators said that would hurt their livelyhood.
So they were allowed to purchase a permit for 2 at 28".
All of this happened when the size limit was reduced from 36" to 28".
Yes, NJ has a more liberal bag and size limit.
Interestingly enough, the NJ anglers were crying all summer "where are the fish?"
It seems, there were no resident fish this summer.
Now that the Fall migration has started, yes, the fishing in NJ is just as good as NY. Maybe even better.
These are fish that spent the summer at Cape Cod, and are now heading to Chesapeake Bay.
In my opinion, the size/bag limits in NJ contributed to the lack of resident fish.
Destruction of habitat also played a role in their shortage.
Lack of Bunker played a role in their famine.
We had a better Summer than them, Rhode Island had a better Summer than us. Massachusetts had a better Summer than Rhode Island.
All of that aside, the LAW is what we agreed upon.
I hope the full weight of it comes smashing down on those who flaunt it.
I've never met "The Kid", but I know Mike Lang well.
He is an exemplary fisherman. Proficient and conservation-minded.
You can listen to him, or listen to Tweedle-dee and Tweedle-dum.
I would suggest you follow the advice of someone who can spell.
(Or is it Tweedle-dum-dums woman?)
This message was edited by flounder on 12-5-01 @ 1:36 PM
So, I was wondering what if I was a jersey resident on my way home (from Fishing offshore in Jersey) on the palasades pkwy on december 16 with a legal sized striped bass (For Jersey) and I pulled off the pkwy for gas at the bear mountain exit, and there was a DEC checkpoint set up? Than what, I would be in posession of an out of season fish in NY correct? There is a lot of technical nonsense you can argue about.
Matty, you are correct, you can and will be fined. Don't take any 16" Jersey fluke with you either. While your at it, don't bring any late September fluke from NY into NJ. Oh yeah, if you go tog fishing in RI and catch your limit, don't drive through CT on your way back to NY. What happens if you are on the north side of the GWB, but fishing on the Jersey side of the river and you catch a 20" bass? Can you keep it? (not that I would)
What a mess...
This message was edited by Gamakatsu on 12-5-01 @ 8:08 PM
please check out my posting earlier this evening on the "NJ bunker bill" we need help, I am not a nj resident but am a nj fisherman? the bunker draggers are killing us on "resident" fish and the bunker draggers stripped us clean just amonth or two ago in early october. from what i'm told you don't need to be a nj resident to help stop these rapists?