federal water stripers?????

[R & R]

Would somebody once & for all give the ruleing on targeting stripers past 3 miles. I thought it was illegal to even taregt them C&R or not.

[fatboy]

Other Virginia restrictions: You may not combine possession limits when seasons overlap or you fish in multiple jurisdictions. Gaffing striped bass or attempting to gaff striped bass is illegal in Virginia marine waters. Federal water striped bass regulations: Atlantic Ocean waters beyond the 3 mile limit are closed to the taking and possession of striped bass all year.

Does not say targeting.

[Captain's John & Diana]

No such thing as legal catch and release period on stripers. I personally would love to see this law repealed and let all catch the legal limit per man per day anywhere. I do not even care if there is a regulated commerical rod and reel fishery like VA has in the spring where all kept stripers are tagged and after the tags are used up it is over. I see no harm if two legal stripers are caught inshore or offshore as long it is just the legal limit. There is so much about this whole subject that I am not going to get into on a public post but open up the federal waters for stripers is my take on this. We need a even playing field for all and I always thought possibly a limited access period might work if the federal waters remain closed. Again I would like to see this area open to rod and reel with a two per person catch limit per day. Even one fish per day per person to keep and then legal catch and release would be an improvement. This is and always has been a fire ball of a subject but I think it is time to address the issue and try to find a happy medium for all involved. Just my thoughts

[BlueFen]

You should not even think about thinking about stripers past the 3 mile line.

[fatboy]

How can the Striped Bass be Federally Protected GAME FISH. If you cant fish for them in federal waters. What was the deal with the President and Stripers Forever at this historic signing?? Did it mean anything?

[Fishpicker]

How can the Striped Bass be Federally Protected GAME FISH. If you cant fish for them in federal waters. What was the deal with the President and Stripers Forever at this historic signing?? Did it mean anything?



Here it is in a nut shell Big George is a big member of SF. Brad has him brain washed with his bull $hit , So Daddy called Junior and he signed the order. All this really mean is that there is another hurdle to jump in the quest to reopen the EEZ. Brad and company got real scared last time the EEZ issue came up because they almost lost !!!!

BTW A few steps of the process has been skipped if anybody want to challenge it would be a easy win.

[mulletman22]

Can anyone post a link to actual print that indicates that you cannot "C&R" or target in the EEZ?

I have never seen official notice of this and was wondering if it exists.

And if this language does exist what exactly does it mean? Does it restrict what bait and/or lures you can and cannot use in the EEZ? Does not seem likely.

[BigSexy]

Can anyone post a link to actual print that indicates that you cannot "C&R" or target in the EEZ?

I have never seen official notice of this and was wondering if it exists.

And if this language does exist what exactly does it mean? Does it restrict what bait and/or lures you can and cannot use in the EEZ? Does not seem likely.


http://www.nmfs.noaa.gov/sfa/state_f...tripedBass.htm (http://www.nmfs.noaa.gov/sfa/state_federal/Fish%20pages/StripedBass.htm)

[mulletman22]

http://www.nmfs.noaa.gov/sfa/state_f...tripedBass.htm (http://www.nmfs.noaa.gov/sfa/state_federal/Fish%20pages/StripedBass.htm)
Thanks....

[fatboy]

Read the regs on Va website it is not as clear. This is directly off the Va. website.


Other Virginia restrictions: You may not combine possession limits when seasons overlap or you fish in multiple jurisdictions. Gaffing striped bass or attempting to gaff striped bass is illegal in Virginia marine waters. Federal water striped bass regulations: Atlantic Ocean waters beyond the 3 mile limit are closed to the taking and possession of striped bass all year.

[BigSexy]

Read the regs on Va website it is not as clear. This is directly off the Va. website.


Other Virginia restrictions: You may not combine possession limits when seasons overlap or you fish in multiple jurisdictions. Gaffing striped bass or attempting to gaff striped bass is illegal in Virginia marine waters. Federal water striped bass regulations: Atlantic Ocean waters beyond the 3 mile limit are closed to the taking and possession of striped bass all year.

I read that too. I would think the regs from the Federal site would be the ones I would pay attention to. Once outside the 3 VA regs don't matter I think. Just my opinion. I'm sure they are precise for the VA rule part and just throw a blurb in for the Feds

[on the hook]

Near as I can tell, the link posted states no fishing for stripes, period, in the EEZ. No matter what Va regs state, no fishing in the EEZ. PERIOD, for stripes.

[fatboy]

Near as I can tell, the link posted states no fishing for stripes, period, in the EEZ. No matter what Va regs state, no fishing in the EEZ. PERIOD, for stripes.

I am not disagreeing. I am just saying things could be a little clearer. Bush makes Stripers a Federally Protected gamefish. In waters that are illegal to fish for them. Also on a States own website it does not say you cant target them it says you cant posess or kill them.

[on the hook]

A little clearer??? EEZ/Fed says no "fishing" for stripes. How much clearer does it have to be? Va has diddley to do with it after 3mi/EEZ.

[fatboy]

A little clearer??? EEZ/Fed says no "fishing" for stripes. How much clearer does it have to be? Va has diddley to do with it after 3mi/EEZ.

I understand that, but they have language on their State Fishing regulations that adresses FEDERAL WATERS. The language contradicts the law. If you where going fishing there and looked up the regs it could cause one to be a little confused. Also there is no enforcement for fishing there. Google federal striped bass regs and let me know what comes up. That is where the Va. language came from.

[fatboy]

I am really not trying to argue just playing Devils Advocate. If there are none in your possesion. How can they prove what you are fishing for? The EEZ is open to fishing. That is why unless you are stupid enough to have a bass in your possesion enforcement is next to impossible. Kevinj stated in his other thread they where boarded by the Coasties. He later stated they did nothing.

[Captain's John & Diana]

You have been around long enough to know better. There is no difference between VA, NC, NY and fishing the bank off the NJ coast for stripers period if it is in federal waters. In federal waters the states have no say when fishing out there when it comes to stripers. I leave it up to each individual to make the decision if they want to go out there and fish for stripers bluefish or whatever but if you have stripers in your boat and are checked by the coasties you will get some type of fine although I do not have any idea what the fine might be. Again I wish the law would be abolished ASAP and open up these waters for some type of limited striper fishing for those that chose to fish our there legally. I personally prefer not to fish out there but understand totally why some do but they also have to face the penalties if caught. It has always been a tough call for me and have been tempted many times and I fully understand why boats go out beyond 3 miles when the fishing is slow inshore. It does affect the charter business as people want to catch fish. Tough call either way.
Possibly the law should be amended to allow catch and release for those that do not mind this type of fishing but that might create more enforcement problems. Just open up these waters and be done with all this nonsense.

[Neil B.]

Well said Capt. John!

[Kevinj]

When we were fishing off VA beach past 3 miles and were boarded
by coast guard doing a saftey inspection, they saw we were striper
fishing, someone asked if they minded if we could continue to fish
while they were on, they had no problem with it.

Kevin

[OUTCAST2]

When we were fishing off VA beach past 3 miles and were boarded
by coast guard doing a saftey inspection, they saw we were striper
fishing, someone asked if they minded if we could continue to fish
while they were on, they had no problem with it.

Kevin

When the Coasties are focused on one thing (safety inspection/homeland security patrol?,) they don't necessarily have any interest in other enforcement issues. It appears Coasties were involved with the bust below, but NOAA seemed to be "driving" the effort.

From reading the law at the website posted on this thread, and the following, I'd have to say it's illegal.

http://www.nmfs.noaa.gov/ole/news/news_NED_040207.htm

"NEW HAMPSHIRE CHARTER BOAT FISHERMEN PENALIZED FOR STRIPED BASS FISHING IN FEDERAL WATERS "

"Based on an investigation by NOAA special agents, the Agency alleged that Dennehy and a patron caught a striped bass while fishing in the EEZ and unlawfully brought the fish onboard to record its length on a tournament form in violation of the Striped Bass Conservation Act."

"In October 2006, Dennehy was assessed a proposed $1,000 civil penalty by NOAA's Office of General Counsel for Enforcement & Litigation for the violating the Striped Bass Conservation Act."

[fatboy]

You have been around long enough to know better. There is no difference between VA, NC, NY and fishing the bank off the NJ coast for stripers period if it is in federal waters. In federal waters the states have no say when fishing out there when it comes to stripers. I leave it up to each individual to make the decision if they want to go out there and fish for stripers bluefish or whatever but if you have stripers in your boat and are checked by the coasties you will get some type of fine although I do not have any idea what the fine might be. Again I wish the law would be abolished ASAP and open up these waters for some type of limited striper fishing for those that chose to fish our there legally. I personally prefer not to fish out there but understand totally why some do but they also have to face the penalties if caught. It has always been a tough call for me and have been tempted many times and I fully understand why boats go out beyond 3 miles when the fishing is slow inshore. It does affect the charter business as people want to catch fish. Tough call either way.
Possibly the law should be amended to allow catch and release for those that do not mind this type of fishing but that might create more enforcement problems. Just open up these waters and be done with all this nonsense.

John I do know better. I stated i was playong Devil's advocate. Kevin Stated A boat he was on was boarded by the Coasties 8 miles off. The Coasties where there to enforce no keeping bass. They are out there for a week at a time. They boarded several boats looking for Kept bass. When asked if they could keep fishing for them The Coasties responded yes.

[Ugly Mug 2]

I do know this if you are observered by anyone that enforces the law outside of 3 miles at anytime during a trip you cannot possess a striped bass on that day. This means tog fish then bass fish you are illegal I know of a boat busted for this and they lost the arguement.

[Kevinj]

When the Coasties are focused on one thing (safety inspection/homeland security patrol?,) they don't necessarily have any interest in other enforcement issues. It appears Coasties were involved with the bust below, but NOAA seemed to be "driving" the effort.

From reading the law at the website posted on this thread, and the following, I'd have to say it's illegal.

http://www.nmfs.noaa.gov/ole/news/news_NED_040207.htm

"NEW HAMPSHIRE CHARTER BOAT FISHERMEN PENALIZED FOR STRIPED BASS FISHING IN FEDERAL WATERS "

"Based on an investigation by NOAA special agents, the Agency alleged that Dennehy and a patron caught a striped bass while fishing in the EEZ and unlawfully brought the fish onboard to record its length on a tournament form in violation of the Striped Bass Conservation Act."

"In October 2006, Dennehy was assessed a proposed $1,000 civil penalty by NOAA's Office of General Counsel for Enforcement & Litigation for the violating the Striped Bass Conservation Act."


Outcast,

Thanks for the update, it makes sense, when we were talking to them,
we had asked if they had caught anyone with bass, they said no, they
were looking for safety violations, they said they boarded us as we had
so many people and wanted to make sure we had enough safety gear.
They never once looked in our box for bass.

Who is NOAA, I never heard of them before, what is their primary
functionality?

Kevin

[always fishing]

National Oceanic Atmospheric Administration;)

[Neil B.]

http://www.noaa.gov/fisheries.html

[Kevinj]

I actually caught, tagged and released two fish while the coasties were on the boat. They never even blinked an eye at it. Any law is ineffective if it is not enforced. We saw the coast guard coming from a ways back. They stopped 3 or 4 boats before making there way over to us. They were enforcing the keeping of stripers out there as a few boats made a run for it and were caught. These boat knew the bite was slow inside so they decided to dip into the cookie jar, get a few fish and run back. Us on the other hand, sat there and continued to fish while the others were boated. The coasties have no problem with it....

I agree that if you run, or start taking off when they are around, their
is a higher probability of them boarding you.

But I do not think they were targeting boats for stripers as they said
they caught noone when we asked, but they said they were looking
for saftey violations. Plus, while they were on board our boat for 20
minutes, they seemed to be only on their boats for 2 minutes.

I saw boats catch fish, but the ones I saw were throwing the fish back
Did you see any boats which did not throw them back?

[fatboy]

Kev they actually "caught everyone". They did not catch anyone with stripers in their possesion. Also if doing a safety check it does take a while. If only on other boats for two minutes they where checking for fish. I have been boarded in the past and it takes 15-25 minutes. They go over your paperwork. Lifejackets, throwable, fire ext. etc. When i was boarded they also gave me a Pink Safety check paper. Good for 6 months so I would not have to be inspected again in that period. The other boats if fishing there frequently may have already passed inspection. That could also be why they where there for only a few. One thing is for sure though. If they where ENFORCING the three mile limit everyone was caught.

[Kevinj]

Kev they actually "caught everyone". They did not catch anyone with stripers in their possesion. Also if doing a safety check it does take a while. If only on other boats for two minutes they where checking for fish. I have been boarded in the past and it takes 15-25 minutes. They go over your paperwork. Lifejackets, throwable, fire ext. etc. When i was boarded they also gave me a Pink Safety check paper. Good for 6 months so I would not have to be inspected again in that period. The other boats if fishing there frequently may have already passed inspection. That could also be why they where there for only a few. One thing is for sure though. If they where ENFORCING the three mile limit everyone was caught.

Makes sense, they had 5 guys in the zodiac speeding around, then the
100 foot diesel boat cruising the area, they said they could do
30 knots in that

I am still confused about one point, if they saw you keeping bass,
would they have issued a citation for it? Or would they only have done
that if NOAA was pushing them? The CG guys said their captain was
strictly by the rules.

[fatboy]

If they saw someone KEEPING bass they absolutly would have been cited on the spot. I have no doubt in my mind about this.

[phillyfishing]

when ever i see birds working i think blue fish... i ust sometimes catch one of those pesky striped fish.. they get on my nees catching them.. but those blues ar great fighting :)

[Fishpicker]

""""" Who is NOAA, I never heard of them before, what is their primary
functionality? """"


If you need to ask that question then you might want to withdraw !!!!!!!

[wentfishn47]

""""" Who is NOAA, I never heard of them before, what is their primary
functionality? """"


If you need to ask that question then you might want to withdraw !!!!!!!

I was thinking the samething!!!

[OUTCAST2]

More from the busted boat. Note that only ONE striper is what he was accused of, and the fish wasn't reported killed, harmed, or "in possession." While the enforcement appears to be lax or inconsistent, "targeting," (i.e. fishing for,) stripers in the EEZ clearly is illegal, and anything that indicates you caught one other than "by accident" looks like it is sufficient for conviction. Can you catch them under birds all day long "accidentally"? Can you have 6-8 of them on simultaneously "accidentally"? Maybe--tough arguments to sell in court. Advertisements? Fishing Reports? Tagging? Videos? Photos? "Captain told us big stripers beyond 3 miles" statements? OK, but better hope the judge is brain-dead when you say "accidentally."

I would love to take part in the striper action in the EEZ off Virginia this time of year. Sounds exhilarating! Not sure advertising or reporting charters to do this is wise.

http://www.stripersurf.com/forums/showthread.php?t=23109

"Attorney Charles Julian, from the National Oceanic and Atmospheric Administration, said Dennehy was out with patrons on a striped bass tournament charter in the EEZ on June 22, 2005, when his vessel was boarded by the Coast Guard and National Marine Fisheries Agent Chris Shoppmeyer.

"Mr. Dennehy claimed to be fishing for bluefish," said Julian.

It is legal to fish for bluefish in the Exclusive Economic Zone, but striped bass fishing is limited to the first three miles off the coast.

Julian explained that it's considered OK in the eyes of the law if a person accidentally catches a striped bass in the EEZ, as long as that person immediately brings the fish alongside the vessel and releases it with a minimum of harm.

Julian said Dennehy broke the law when, instead of immediately releasing the bass, he brought it onboard, measured it and logged it on a tournament form for a 13-year-old patron.

Further, Julian said, while Dennehy claimed he was in the EEZ for bluefish, his actions in netting the fish and filling out the form made the case that he was there for the bass."

[SRF]

Fishpicker

I think the guy is attempting to educate himself....isnt that what this site is for:confused:

[Striper101]

I wish the law would be abolished ASAP and open up these waters for some type of limited striper fishing for those that chose to fish our there legally.

John,
I couldn't agree with you more! We were boarded in VA Beach on Fri out there and they actually told us to go ahead and keep fishing while they did their saftey check. And we had a long discussion about it. At the end of it all we all agreed that the law should be wiped off the books! Especially the one that mentions targeting! That law "Can Not" be enforced or will it hold up in a court of law! I have heard that more than a couple times from CO's.

[Fishpicker]

Fishpicker

I think the guy is attempting to educate himself....isnt that what this site is for:confused:


I couldn't agree more that a large part of this site is about Education. At the same time how can a individual engage in a discussion when they don't know the facts or Who the players are ????

[SRF]

If the person is entering into a disscusion to educate himself about this topic, what better location to do so. Its tough to find out facts and who the players are when a poster is made to feel uncomfortable for simply asking a question.
I dont mean to prolong this thread, I just did not see the need to suggest he should withdrawl from the conversation.

[Fishpicker]

If the person is entering into a disscusion to educate himself about this topic, what better location to do so. Its tough to find out facts and who the players are when a poster is made to feel uncomfortable for simply asking a question.
I dont mean to prolong this thread, I just did not see the need to suggest he should withdrawl from the conversation.

The Poster in question was very knowledgeable of the EEZ when he attacked others in another thread. I will be the first to tell anybody anything , I just find it amusing when the same person is a expert in one thread and a novice in another thread , Especially when both threads are similar.

[Kevinj]

The Poster in question was very knowledgeable of the EEZ when he attacked others in another thread. I will be the first to tell anybody anything , I just find it amusing when the same person is a expert in one thread and a novice in another thread , Especially when both threads are similar.

Fishpicker

In my thread, I never claimed to be an expert about the EEZ, actually
what I said at one point in response to a question was:
"I am not sure of the regs, but if we could not target stripers in Fed water, wouldn't the coast guard have stopped us?"

In reading this thread, I saw many different opinions on the same
subject. I had never heard of NOAA before and was curious to learn
about the interactions of the Coast Guard and NOAA.

It sounds like from what I read on this thread that the CG will cite you
if you are in possession to keep, NOAA will cite you if you target bass
in Fed waters.

It also sounded like some of the laws are open to interpretation.
That there was alot of grey area.

Kevin

[OUTCAST2]

It sounds like from what I read on this thread that the CG will cite you
if you are in possession to keep, NOAA will cite you if you target bass
in Fed waters.

It also sounded like some of the laws are open to interpretation.
That there was alot of grey area.

Kevin

Kevin, I think the law is very clear on the point under discussion:

IT IS ILLEGAL TO FISH FOR STRIPERS IN THE EEZ-no grey area.

There are opinions about what the law "should be," (BTW, I too support changes,) and everyone agrees that enforcement is lax. But I don't think anyone has said that it is legal to fish for stripers in the EEZ.

Obviously, most citations are written for "possession" in the EEZ.

http://hamptonroads.com/node/54591
"The long, long arm of the law"
http://hamptonroads.com/node/202141
"Chasing off-limits stripers? Chances and costs of getting caught are rising"

Sometimes the big fish are inside the 3-mile line, sometimes they swim outside. Last week lotsa big ones were inside. Check these results from VB tournament. (weights posted are for 3 biggest fish-fishing restricted to inside, of course.) No doubt there were a lot of 40+ lb. cows brought in.

http://www.midatlanticrockfishshootout.com/results.html

[pelagicde]

I believe the law states that targeting stripers past three miles is illegal. In the case that you are accidentally catching stripers you are suppose to pick up and move to a different spot. A law is a law and it should be enforced. Follow the regulation like you are suppose to. I feel cheated that people are targeting stripers past three miles for C&R when legally I cant, so wont. I believe they don’t allow C&R past three miles to discourage any possessions of illegally caught fish. If nobody is out past three miles targeting stripers, no stripers could illegally be kept. I believe this is why C&R is not allowed.

However, I also believe the EEZ should be opened up to striper fishing. I don’t believe it is where the stripers are caught, but rather the regulations and amount of fish being kept. I would love to fish out past three miles for these fish. I would also love to see different and stricter regulations on stripers so the stock is abundant for a long time to come. I think fisherman would not mind different regulations if they could have great action on C&R all day that exist past three miles. After all the fight of the fish and achieving goals are the real memories taken away from the experience. Youll be telling your grandchildren about catching that 50lber, not how it tasted on the diner table. Dont get me wrong though, Im still keeping what I am able and going to eat. I dont know what I would do if I couldnt get a striper stake from the grill. I believe we recs forget about this from time to time. I fish becasue it is enjoyable. Also adding that more species of fish can be targeted past three miles in a closer area is a plus for fisherman.

[R & R]

Guys that is how I always knew the law to be ( illegal to even target) but with all the reports latly I was starting to ??? myself.

[Kevinj]

Outcast,

Thanks for clearing it up

Kevin

[BIGGESTJACK]

I believe the law states that targeting stripers past three miles is illegal. In the case that you are accidentally catching stripers you are suppose to pick up and move to a different spot. A law is a law and it should be enforced. Follow the regulation like you are suppose to. I feel cheated that people are targeting stripers past three miles for C&R when legally I cant, so wont. I believe they don’t allow C&R past three miles to discourage any possessions of illegally caught fish. If nobody is out past three miles targeting stripers, no stripers could illegally be kept. I believe this is why C&R is not allowed.

However, I also believe the EEZ should be opened up to striper fishing. I don’t believe it is where the stripers are caught, but rather the regulations and amount of fish being kept. I would love to fish out past three miles for these fish. I would also love to see different and stricter regulations on stripers so the stock is abundant for a long time to come. I think fisherman would not mind different regulations if they could have great action on C&R all day that exist past three miles. After all the fight of the fish and achieving goals are the real memories taken away from the experience. Youll be telling your grandchildren about catching that 50lber, not how it tasted on the diner table. Dont get me wrong though, Im still keeping what I am able and going to eat. I dont know what I would do if I couldnt get a striper stake from the grill. I believe we recs forget about this from time to time. I fish becasue it is enjoyable. Also adding that more species of fish can be targeted past three miles in a closer area is a plus for fisherman.


ONE QUESTION FOR YOU A FEW YEARS AGO IN THE RIPS ON NOV2 WE CAUGHT 4 FLOUNDER WITHIN AN HOUR---AND SAW A FEW OTHERS NETTED AND RELEASED IS ANYBODY WHO CAUGHT A FEW SUPPOSE TO LEAVE THE RIPS?? OR IS ALL 70 BOATS SUPPOSE TO LEAVE????

[Marine Tom]

Maybe I can clear a few things up. Most people don't know this but there are two sides to a law, the letter of the law, how it's written and the spirit of the law, how it's interpreted and enforced. What we have with striper fishing in the EEZ is a classic example of the laws letter and it's spirit in contrast to each other which disrupts the premise of the law, which is "no striped bass fishing in the EEZ".

Plain and simple, you cannot target, fish for striped bass in the EEZ. If your doing so, your breaking the law. Whether it's accidental or not. Whether the authorities can catch you or not does not matter. Are there ways to skirt the law, yes, it's very easy. Under the guise that your fishing for another type of fish.

Is the law uneforceable. Yes and no. Clearly there is neither the legal resources or the concern of the gov't to target the violators on a daily basis. But could suddenly the gov't head out past 3 miles and arrest and charge each and every boat fishing a birdplay or using a bait or lure consistent with fishing for striped bass? Yes they could, but it wont happen.

If the federal gov't were to deputize me "Czar of the EEZ" and give me the resouces I could head out any day and charge every single boat with violating the law. It's not rocket science. If you pull a striper onto your boat your charged, your in possession of a striped bass. Now one might say it was accidental, but your still charged and you have to spend a day at a hearing ect. Nevertheless all I would need is a camera to convict you. I'd take pictures of your tackle, take a sample of blood from the deck, take some of the errant scales on the deck, pictures of you with the bass and use my training and experience and testify as an expert and your convicted. It's pretty simple to do. It's just that the time needed and the monies don't provided for this type of enforcement, but it could be easily done.

So for all of you who practice C&R in the EEZ, you know your breaking the spirit of the law, I know your breaking the law, but are you going to get caught, probably not.

I personally have never fished in the EEZ for stripers, there are too many in the bay and within 3 miles of shore, so for me there is no need to fish the EEZ. But if you do head out into the EEZ for stripers whether C&R or accidentally, your in violation, plain and simple.

[Kevinj]

If you were on an open boat, head boat, charter, or on a friend's boat
and they were fishing illegally by targeting stripers outside the 3 mile,
if the coast guard or NOAA are choosing to enforce, do you believe
they would cite the Capt or everyone on board?

Obviously if something is illegal and you know, you are wrong for doing
so or participating.

If you know that the boat is illegal, what would most people here do?

[fatboy]

If you were on an open boat, head boat, charter, or on a friend's boat
and they were fishing illegally by targeting stripers outside the 3 mile,
if the coast guard or NOAA are choosing to enforce, do you believe
they would cite the Capt or everyone on board?

Obviously if something is illegal and you know, you are wrong for doing
so or participating.

If you know that the boat is illegal, what would most people here do?

If they where enforcing..No one would be there:D

[cee beaver]

come on now Picker, don't you know he was just trying to help out other on the board.........:rolleyes::rolleyes::rolleyes:

please don't be to harsh.

oh please, can't i keep this fish, we are only 6 n.m. of the beach

Picker, you interrupted our drinking on saturday night ........lol

the beav

[Kevinj]

come on now Picker, don't you know he was just trying to help out other on the board.........:rolleyes::rolleyes::rolleyes:

please don't be to harsh.

oh please, can't i keep this fish, we are only 6 n.m. of the beach

Picker, you interrupted our drinking on saturday night ........lol

the beav

Correct me if I am wrong, from what was said on this thread, were we
not fishing illegally?

On keeping fish, the Capt had told us that if we were close to the
line we could keep a few. For a few that I had caught, I asked if
we were close and if I could keep, he said no, the fish went back in. None were kept.

[Fishpicker]

come on now Picker, don't you know he was just trying to help out other on the board.........:rolleyes::rolleyes::rolleyes:

please don't be to harsh.

oh please, can't i keep this fish, we are only 6 n.m. of the beach

Picker, you interrupted our drinking on saturday night ........lol

the beav


What he doesn't know is I know the REAL story !!!!!! I bet he never though that the captain at hand and I were phone fags.

[cee beaver]

sure, whatever you say..............:rolleyes::rolleyes::rolleyes:

CB

[cee beaver]

that is what i am saying picker, i was on the charter

i will email you...........

that is unless i have to sit in the car and cool down.

:D:D:D

[Steve London]

Here it is in my nut shell. The ocean is a big pond. and in this big pond lives millions of fish of many different speci's. Alot of these different speci's swim together so while fishing for one speci you may catch multi speci's. If the striped vaviety happens to come along ....release it. PERIOD. DON'T MAKE AN ISSUE OF THIS. YOU ALL WILL BE SORRY. TALK ABOUT SOMTHING ELSE.

[on the hook]

Might as well lock this one too.................Only thing I "really" see is you were fishing ILLEGALLY!:rolleyes: :rolleyes: :rolleyes:

[Steve London]

This thread is unbelievable. Every year about this time you guy's talk about this s@#t. Going off shore to fish is not illeagle no matter what the law say's. If you catch a striper beyound 3 mi. ,,release it.

[OUTCAST2]

Going off shore to fish is not illeagle no matter what the law say's.

Now there's a head-scratcher??
http://smileys.smileycentral.com/cat/4/4_12_3.gif

What the law says is PRECISELY, EXACTLY, and SOLELY what determines what is legal!

[fishful thinkin]

[:eek: . Going off shore to fish is not illeagle no matter what the law say's. If you catch a striper beyound 3 mi. ,,release it.[/quote]:eek:

say what??

[on the hook]

Correct me if I'm wrong: They went out 8 miles "targeting" stripers. No one has denied that. I've done it too. Anyway, not "accidently" catching, but on purpose. Now, is this not illegal?

[R & R]

Here it is in my nut shell. The ocean is a big pond. and in this big pond lives millions of fish of many different speci's. Alot of these different speci's swim together so while fishing for one speci you may catch multi speci's. If the striped vaviety happens to come along ....release it. PERIOD. DON'T MAKE AN ISSUE OF THIS. YOU ALL WILL BE SORRY. TALK ABOUT SOMTHING ELSE.

& from bucks county too.

[gotboost1]

On The Hook, whats up here,you blast me on the locked thread for saying what they were doing C & R in the EEZ was illegal,now you are on here acting like you wrote the law,dude I got shoes like you...flip flops

Yesterday, 01:58 AM #86 (http://www.thebassbarn.com/forum/showpost.php?p=1315210&postcount=86) on the hook (http://www.thebassbarn.com/forum/member.php?u=2774) vbmenu_register("postmenu_1315210", true);
Senior Member

Join Date: Oct 2002
Location: voorhees nj
Posts: 1,743


http://www.thebassbarn.com/forum/images/icons/icon1.gif
Quote:
Originally Posted by gotboost1
What's really sad about this post is nobody seems to care about the Law,and it was broken and sounds like broken knowingly,there are fish eight miles out,WTF is that?...breaking the law..


Who cares!!! They want to catch fish you ____-______!!!( you fill in the blank) Let Em Be;)
__________________
I'm niether proud of it, nor embarrassed. I'm a man..... Sometimes I sh!t my pants...its part of the deal.
Last edited by on the hook : Yesterday at 02:00 AM.

[pelagicde]

ONE QUESTION FOR YOU A FEW YEARS AGO IN THE RIPS ON NOV2 WE CAUGHT 4 FLOUNDER WITHIN AN HOUR---AND SAW A FEW OTHERS NETTED AND RELEASED IS ANYBODY WHO CAUGHT A FEW SUPPOSE TO LEAVE THE RIPS?? OR IS ALL 70 BOATS SUPPOSE TO LEAVE????

If you are catching, you are suppose to move. Boat by boat basis. Id say catching 4 flounder in an hour doesn't qualify as accidental targeting. If you had a constant bite with flounder drift after drift, id say that gives reasoning to move your spot. It doesnt have to be far, just far enough to show you are making and conscience effort to respect the law/ lower your catch rate on flounder.

Im not sure what the New Jersey regulations say about C&R on flounder in a closed season other than you many not harvest. Though I do know this law is guided towards stripers. These laws were not exactly written by fisherman either, maybe this is the reasoning behind these laws that just dont work.

[on the hook]

GOTBOOST, you got a e-mail addy? Send me an e-mail, I'll respond;)

[Steve London]

When the birds are working there are weakfish, bluefish and stripers possibly under these birds. Who is to say what you are targeting. If you are stupid enough to tell the officer you are fishing for bass beyond 3 mi. you deserve to get the fine. Another words there is a fine line here. We do not keep bass in the EEZ and my charters know this. If this is the law , abide by it, don't keep the bass and have a good time with C&R. Soon there will be MPA's , it's coming sooner than you think. Then you won't be able to fish where the birds are. What we need here is to change the recreational bag limits beyond three mi. John said it right at the begining of this thread. Cap't Steve

[OUTCAST2]

If you are stupid enough to tell the officer you are fishing for bass beyond 3 mi. you deserve to get the fine. Another words there is a fine line here. We do not keep bass in the EEZ and my charters know this. If this is the law , abide by it, don't keep the bass and have a good time with C&R.

Capt., there is no fine line here. Fishing for stripers in the EEZ is illegal-period. It is not only illegal to " keep bass in the EEZ," it is illegal to fish for them. Do your "charters know this"? You are telling us to abide by fishing laws only if we think we might get caught and fined?

I don't agree with the EEZ law, either. But I can't agree with professional Capts. that publicly advocate violation of that law.

Capt. Bob

[wihin iwuz fishin]

When the birds are working there are weakfish, bluefish and stripers possibly under these birds. Who is to say what you are targeting. If you are stupid enough to tell the officer you are fishing for bass beyond 3 mi. you deserve to get the fine. Another words there is a fine line here. We do not keep bass in the EEZ and my charters know this. If this is the law , abide by it, don't keep the bass and have a good time with C&R. Soon there will be MPA's , it's coming sooner than you think. Then you won't be able to fish where the birds are. What we need here is to change the recreational bag limits beyond three mi. John said it right at the begining of this thread. Cap't Steve

If you fish for striper in the EEZ then why would a MPA stop you??

[bobabouy]

When the birds are working there are weakfish, bluefish and stripers possibly under these birds. Who is to say what you are targeting. If you are stupid enough to tell the officer you are fishing for bass beyond 3 mi. you deserve to get the fine. Another words there is a fine line here. We do not keep bass in the EEZ and my charters know this. If this is the law , abide by it, don't keep the bass and have a good time with C&R. Soon there will be MPA's , it's coming sooner than you think. Then you won't be able to fish where the birds are. What we need here is to change the recreational bag limits beyond three mi. John said it right at the begining of this thread. Cap't Steve:o for you:o

[Marine Tom]

When the birds are working there are weakfish, bluefish and stripers possibly under these birds. Who is to say what you are targeting. If you are stupid enough to tell the officer you are fishing for bass beyond 3 mi. you deserve to get the fine. Another words there is a fine line here. We do not keep bass in the EEZ and my charters know this. If this is the law , abide by it, don't keep the bass and have a good time with C&R. Soon there will be MPA's , it's coming sooner than you think. Then you won't be able to fish where the birds are. What we need here is to change the recreational bag limits beyond three mi. John said it right at the begining of this thread. Cap't Steve

I think your taking a chance C&R in the EEZ. See my aforementioned post for enforcement ideas.

Give me a pair of binoculars, a camera and a couple hours and I'd have you convicted without you saying a word.

[fatboy]

I think your taking a chance C&R in the EEZ. See my aforementioned post for enforcement ideas.

Give me a pair of binoculars, a camera and a couple hours and I'd have you convicted without you saying a word.

If it was that easy, it would be done. When fishing birdplays With blues, fat alberts and bass on em it is impossible to control your catch. Also releasing a bass in no way equals possesing a bass. Blood samples that is laughable, what if you did not wash your boat from before. Scales, prove what fish they are from....oh yeah it was released(No possesion). Take a picture of the tackle, so what I'll bring it to court. You cant catch blues or Alberts on a T-hex?? I got a picture,look at the picture on the Va beach thread of the Coast Guard sitting on the boat as they where in the eez tagging and releasing bass. They not only did not say a word they encouraged the guys to keep fishing. All your ideas sound good on paper but would easily be beaten in court.

[Sandollar's Child]

Do you want to go to court ?? I don't. It costs money and time even if you ar not guilty.

I am surprised at the bickering in this thread between recreational guys.

Usually you save it for the commercial guys:D

The enviros are getting fat and happy on this kind of bickering.

MPA means STAY OUT Don't you guys get that ???????

I f "The Man" didn't know about this catch and release thing he sure does now:eek:

What do you think he might do next:rolleyes:

[fatboy]

I am not bickering. I know the law, but I also get guys like Capt. Steves point. It is not illegal to FISH in the eez. It is illegal to INTENTIONALLY TARGET BASS. It is a tough task to PROVE an anglers INTENT. When Blues, Albies , Bonita and Bass are together it is tough to control what you catch. No where in the law states you HAVE TO PICK UP AND MOVE. Nowhere. If you catch a Bass and release it unharmed immediatly while catching and keeping other species it would be hard to PROVE an anglers intention. MPA do not come into play here. IT IS NOT ILLEGAL TO FISH IN THE EEZ PERIOD!!! Everyone who fishes the Old Grounds does it, Mccries does it, the Bank does it. are they all targeting bass???No.!!! By the way I think the bonus program should be abolished and the Comm's be allowed a limited harvest season. Guys like Marty bust their balls, why should they be left out?

[JerseyZuks]

It is a tough task to PROVE an anglers INTENT.

I always wondered about this.

In a similar situation, but it a completely different scenario...

I buy a NJ trout stamp every year. I really don't trout fish in NJ anymore. Why buy one then? I fish in Iona lake, which has trout. I fish with a flyrod for pickeral and bass. To some people a flyrod means trout fishing.

I buy the $10 stamp every year just so I don't have to argue my "intentions"

As far as the stripers go... If I am out at the Barnagate ridge, and there is birdplay, and I am picking up 1 striper for every 10 slammer blues, I am supposed to quit fishing and move?

[fatboy]

Introut approved waters you Must have a stamp. At least in Pa it is illegal to do so otherwise. There is no room for intepretation there you must have a stamp to even fish there.

[JerseyZuks]

Introut approved waters you Must have a stamp. At least in Pa it is illegal to do so otherwise. There is no room for intepretation there you must have a stamp to even fish there.

From NJ's website

Trout Stamp
No person between the ages of 16 and 69 shall take, attempt to take, or kill trout without a valid fishing license with a trout stamp attached.


Doesn't say anything about bass fishing in a lake that holds trout

[BigSexy]

We should stop debating this and leave things alone. Next thing ya know someone will read this and you will see the word "LAND" thrown in the regulations. Then you would have to cut your line when you realize its a Bass. That would suck. We know people target them, we know it will be hard to prove. My advice, as little as it might be worth. If you are on a charter and you like the guy. Don't tell everyone you went in the EEZ Bass fishing. If you yourself do it, keep it between you and the fish gods. Just my two cents

[OUTCAST2]

It is a tough task to PROVE an anglers INTENT.

Not when you're advertising, and the Capt. and anglers are singing like canaries! :D :D :D

[pelagicde]

I am not bickering. I know the law, but I also get guys like Capt. Steves point. It is not illegal to FISH in the eez. It is illegal to INTENTIONALLY TARGET BASS. It is a tough task to PROVE an anglers INTENT. When Blues, Albies , Bonita and Bass are together it is tough to control what you catch. No where in the law states you HAVE TO PICK UP AND MOVE. Nowhere. If you catch a Bass and release it unharmed immediatly while catching and keeping other species it would be hard to PROVE an anglers intention. MPA do not come into play here. IT IS NOT ILLEGAL TO FISH IN THE EEZ PERIOD!!! Everyone who fishes the Old Grounds does it, Mccries does it, the Bank does it. are they all targeting bass???No.!!! By the way I think the bonus program should be abolished and the Comm's be allowed a limited harvest season. Guys like Marty bust their balls, why should they be left out?


you are right. nowhere in the law does it say you have to move. However, if someone is catching and is spotted doing so that is grounds for a fine. If your fishing and catching stripers your are fully aware that they are there. The law doesnt care if you ignore your common sense. Fishing for stripers is illeagal in the eez. If you know they are there, and decide not to move, then you are in a situation for yourself to get in trouble.

As i said before these laws are crap, and should be abolished because of the reasons stated above( fishing for one spiecies but catching another.) It is hard for a fisherman to determin what is going to bite their hook before the bite takes place.

As for now it is the law, and bottom line fisherman, and certainly captains, should not be out there targeting stripers even if the law is crap. It also pisses me off when people get off the line because a certain person thinks it is fine(caugh CG). Some people think taking undersized fish is ok. I guess they should get off the line as well because that is their opinion. Why dont we get rid of all regulation while we are at it , because if we are not going to enforce one then why enforce all of them. There are some good regulations and some really bad ones, but until they change they are the law. When it changes ill certainly be out there myself, but i am going to follow the rules for now.

[fatboy]

We should stop debating this and leave things alone. Next thing ya know someone will read this and you will see the word "LAND" thrown in the regulations. Then you would have to cut your line when you realize its a Bass. That would suck. We know people target them, we know it will be hard to prove. My advice, as little as it might be worth. If you are on a charter and you like the guy. Don't tell everyone you went in the EEZ Bass fishing. If you yourself do it, keep it between you and the fish gods. Just my two cents

Best advice given i am out of this one.

[R & R]

You know this post was just a question. There are alot of small boater that don't make $$$ on their fishing trips but deserve to at least have the same playing field. I really didnt think it was being done in JErsey & read ,just like everbody eles, the reports from out-of-state. I dont really want a fine & would rather spend the $$$ on gas. So I asked. Its illegal & if I or anybody eles wants to still do it so be it. No where did any of this say where ppl. had to fish.

Thanks for the info guys.

[In Depth]

Some people realy need Immodium , for diarrea of the mouth!

It's a time proven fact . Most people just don't think before they post, as if they were in a sealed room all by them selves:rolleyes:

[Skmag357]

We should stop debating this and leave things alone. Next thing ya know someone will read this and you will see the word "LAND" thrown in the regulations. Then you would have to cut your line when you realize its a Bass. That would suck. We know people target them, we know it will be hard to prove. My advice, as little as it might be worth. If you are on a charter and you like the guy. Don't tell everyone you went in the EEZ Bass fishing. If you yourself do it, keep it between you and the fish gods. Just my two cents

Agreed, best advice given here

[Kevinj]

We should stop debating this and leave things alone. Next thing ya know someone will read this and you will see the word "LAND" thrown in the regulations. Then you would have to cut your line when you realize its a Bass. That would suck. We know people target them, we know it will be hard to prove. My advice, as little as it might be worth. If you are on a charter and you like the guy. Don't tell everyone you went in the EEZ Bass fishing. If you yourself do it, keep it between you and the fish gods. Just my two cents

I understand your point, but if it is against the law, I believe we should
not be suggesting that it is ok to do. We should focus on changing the
law so that anyone could choose to catch and release past 3 miles.

I was reading the posts from Capt Jim's web site (Jil Carrie in Virginia)
for Dec and Jan. I don't know many times he stated that he saw birds
a mile or two out past the 3 mile mark. That they would sometimes
wait to see if they moved within the limit. They would not go outside
the line for bass, even if it meant not catching fish within the 3 mile limit.

If it makes sense then everyone should be able to enjoy it.

Are there any efforts currently in attempting to change the law?

[capt. ed]

Jim Brincefield is a captain that plays by the rules.

[Kevinj]

Jim Brincefield is a captain that plays by the rules.

Absolutely, I agree 100%, which is why I had so much more respect for him
reading his posts.

Point is though, if others are enjoy C&R of bass past 3 miles, shouldn't
we change the laws so that Captains who follow the rules are also
permitted to do so?

If we made C&R legal past 3 miles out, might this also change the
fishing habits? I.e. more Captains might opt to take their party
to better fishing if that is what they wanted to do. This might
decrease the number of fish kept if more people are doing catch
and release in the EEZ.

[Marine Tom]

If it was that easy, it would be done. When fishing birdplays With blues, fat alberts and bass on em it is impossible to control your catch. Also releasing a bass in no way equals possesing a bass. Blood samples that is laughable, what if you did not wash your boat from before. Scales, prove what fish they are from....oh yeah it was released(No possesion). Take a picture of the tackle, so what I'll bring it to court. You cant catch blues or Alberts on a T-hex?? I got a picture,look at the picture on the Va beach thread of the Coast Guard sitting on the boat as they where in the eez tagging and releasing bass. They not only did not say a word they encouraged the guys to keep fishing. All your ideas sound good on paper but would easily be beaten in court.

It is that easy. What is the definition of "possession" is what it comes down to. What have the courts determined? Have they even determined anything? Probably not. If your standing there in a 3 pictures holding three separate striped bass is that possession? It doesn't say anything about releasing the fish, it talks about possessing a fish if your standing there with a bass in your hand aren't you in possession of that fish? I don't know what have the courts determined or have they determined anything yet? But that's pretty solid evidence isn't it, especially if you dont have a photo of you releasing it.:D

Fresh and old blood is easily discernable, I'm going to testify that its fresh, how are you going to counter that? Not to mention a DNA test on both the scales and the blood that proves they are from a illegally caught striped bass caught in the EEZ. Couple that with the GPS coordinates I have and the photos or video. How are you going to counter that?

Let's not forget about the pattern you've created by you continuous landing of striped bass.

Not to mention my expert testimony. I've been fishing the waters off NJ for 35 years. I quarantee my testimony would be considered "expert". How can you counter that?

I agree this is academic. Will it hold up in court? Well I know I could give it a shot and do one hell of a job. It's what I do for a living so I'd have an advantage. Not to mention the person would be spending a day at a hearing, that alone could be the deterent in itself that would prohibite the fishing.

Is it going to happen? No. The monies needed to enforce the possession issue is greater than any outcome. But hey don't think for one moment it couldn't be done, it's that easy. It's definitly not laughable.

What it comes down to is the definition of possession. Does anyone know what it is? Has any court determined what possession means relavent to this issue?

This is WAY out there on the fringe, I agree, and we should keep our mouths shut because the gov't will just F**K stuff up more for us outdoorsman. But hey this type of dialogue is good, especially in the winter.

Tight lines guys:D

[marcusah]

It is that easy. What is the definition of "possession" is what it comes down to. What have the courts determined? Have they even determined anything? Probably not. If your standing there in a 3 pictures holding three separate striped bass is that possession? It doesn't say anything about releasing the fish, it talks about possessing a fish if your standing there with a bass in your hand aren't you in possession of that fish? I don't know what have the courts determined or have they determined anything yet? But that's pretty solid evidence isn't it, especially if you dont have a photo of you releasing it.:D

Fresh and old blood is easily discernable, I'm going to testify that its fresh, how are you going to counter that? Not to mention a DNA test on both the scales and the blood that proves they are from a illegally caught striped bass caught in the EEZ. Couple that with the GPS coordinates I have and the photos or video. How are you going to counter that?

Let's not forget about the pattern you've created by you continuous landing of striped bass.

Not to mention my expert testimony. I've been fishing the waters off NJ for 35 years. I quarantee my testimony would be considered "expert". How can you counter that?

I agree this is academic. Will it hold up in court? Well I know I could give it a shot and do one hell of a job. It's what I do for a living so I'd have an advantage. Not to mention the person would be spending a day at a hearing, that alone could be the deterent in itself that would prohibite the fishing.

Is it going to happen? No. The monies needed to enforce the possession issue is greater than any outcome. But hey don't think for one moment it couldn't be done, it's that easy. It's definitly not laughable.

What it comes down to is the definition of possession. Does anyone know what it is? Has any court determined what possession means relavent to this issue?

This is WAY out there on the fringe, I agree, and we should keep our mouths shut because the gov't will just F**K stuff up more for us outdoorsman. But hey this type of dialogue is good, especially in the winter.

Tight lines guys:D
good point about the possession term the legal definition is as follows
The U.S. Supreme Court has said that "there is no word more ambiguous in its meaning than possession" (National Safe Deposit Co. v. Stead, 232 U.S. 58, 34 S. Ct. 209, 58 L. Ed. 504 [1914]). Depending on how and when it is used, the term possession has a variety of possible meanings. but as a reference this asmfc compliance filing list several citations issued to people for "catching" striped bass in the eez http://www.asmfc.org/lec/complianceReports/2003_04/stripedbasscompliance2003.pdf

[marcusah]

oh and I forgot to mention that this is a moritorium in the EEZ for atlantic striped bass and fines are up to and including seizure of boat and all tackle onboard :eek:read it here section 5154 subsection c
http://www.asmfc.org/legislation/Striped%20Bass%20Act.pdf

Civil penalties
(1) Civil penalty
Any person who commits any act that is unlawful under subsection (b) of this section shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act (16 U.S.C. 1858).
(2) Civil forfeitures
(A) In general
Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or
as the result of, the commission of any act that is unlawful under subsection (b) of this section shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act
(16 U.S.C. 1860) also read section 5152 subsection 7 they define fishing The term ''fishing'' means -
(A)
the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass
(B)
the attempted catching, taking, or harvesting of Atlantic striped bass; and
(C)
any operation at sea in support of, or in preparation for, any activity described in
subparagraph (A) or (B).
The term does not include any scientific research authorized by the Federal Government or by
any State government.

[on the hook]

It's not if you post you went striper fishing 8 miles out!;)

[SRF]

I use to fish Calvert Cliffs in MD, you were not allowed to keep stripers from sundown to sunup (it was 16 yrs ago so I dont remember if they had a possesion clause). It worked out great for us because we practiced C & R. We would fish all night, then head in as boats were heading out.

One morning another boat was heading in the same time as us. It was a 25ft cuddy cabin. DNR was at the dock waiting, he checked both of us and the guys in the 25ft'er were busted with 10 or 12 stripers. As we were cleaning the boat up to hit the road, DNR backed up their trailer and confiscated his boat:eek: , I was stunned.....but smiling:)

I know MD doesnt play around in certain areas, the bay is the states most important natural resource. The body of water divides the state, providing each side easy access to its tributaries and the bay. They also seem to have more policing which is a good thing. I think stiffer fines are necessary as a deterrent and to help bring in more manpower.

Then again thats MD not VA it also does not involve the EEZ, just wanted to share the story even though it may not seem relevant.

[Sandollar's Child]

Quote:
The term ''fishing'' means -
(A)
the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass
still very hard & costly to prove you are targeting them as stated in the previous posts...


Again you are missing the point

SHHHH!!!!

You don't want the expense and aggravation of going to court. They will get you for something.

[Marine Tom]

Seems to me, with the newly aforementioned posts about what "fishing" entails, that catching striped bass in the EEZ is unauthorized.

The law says just "catching" a striped bass in the EEZ is unauthorized, except when "harvesting" another species.

I interpret that as if your catching one bass after another and nothing else your "catching" and thus it's unauthorized, because your not "harvesting" any other species. Hmmmm! If you have an empty cooler your not harvesting, if there are no other fish present due to migration your not harvesting another species and thus C&R is not allowed.

Throw an old bluefish in the cooler, now your "harvesting another species":D

[marcusah]

Quote:
The term ''fishing'' means -
(A)
the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass
still very hard & costly to prove you are targeting them as stated in the previous posts... did you also read letter b.... I find it amazing that people are going to fight tooth and nail till they get caught then I guarantee they will claim ignorance... do you think the coasties are dumb? they do tend to be more heavy handed when enforcing laws then the locals and I personally witnessed the MDDNR seize a boat and truck during the MD moritorium....... expensive to prove... not really..... they do have radar to find you, binoculars and cameras to watch and photograph you... if they sit there and watch you bailing bass you are in trouble plain and simple..... if you or anyone else thinks that some meat let alone released bass are worth that by all means..... I will be more than happy to buy your tackle at auction ......

[KHP]

I am done arguing but we were boated by the coasties and they watched me catch and release them WHILE on board and never said a thing, actually told me to continue fishing...:rolleyes:


That doesn't mean what you did is right?

If no one follows the rules, it won't be long before we are all wondering where the Stripers went again.

K

[marcusah]

I am done arguing but we were boated by the coasties and they watched me catch and release them WHILE on board and never said a thing, actually told me to continue fishing...:rolleyes:
so if a police officer pulls you over while you are speeding for a busted tail light but does not cite you for speeding you must not be breaking the law.... good theory and good luck.... look at the year report of them issuing citations for people "catching" bass in the EEZOfficers continued to enforce the EEZ closure for catching striped bass. Three federal citations and 4 warnings were issued for catching striped bass in the EEZ.
still don't believe how bout you call the coasties or noaa and ask them.....

[marcusah]

But if no one enforces a law, what is the purpose of it?

The speed limit is 65 miles per hour. The cops however don't enforce the 65 mph. Does this prevent anyone from doing 100 mph just because the sign says not to do anything over 65? Unless you enforce the law, it is nothing more than wasted ink on paper.....maybe thats just how I feel:rolleyes:
thats the point they do enforce the law you had one encounter that they didn't enforce it if you choose to bet your gear on that when you get stuck just don't cry ignorance you have been warned...... Life is all about risk over reward (ROR) if the risk is worth it to you go for it.....

[Kevinj]

so if a police officer pulls you over while you are speeding for a busted tail light but does not cite you for speeding you must not be breaking the law.... good theory and good luck.... look at the year report of them issuing citations for people "catching" bass in the EEZ
still don't believe how bout you call the coasties or noaa and ask them.....

Marcusah,

Was there anything with the reports regarding the circumstances,
location, of the cites or warnings?

Kevin

[OUTCAST2]

.....we were boated by the coasties and they watched me catch and release them WHILE on board and never said a thing, actually told me to continue fishing...:rolleyes:

An earlier post said you were boarded by Coasties just before you headed back to dock. Question: Who blessed the illegal fishing before the Coasties got there?

Did the Coasties have five old dudes in long black robes on board? You know, enough Supreme Court members to invalidate a federal law?

The next Coastie you encounter is not bound by what the first may have told you. We are all bound by law, not a verbal blessing by individual Coastie.

NOAA enforcers may be out there next time-also not bound by what Coastie told you.

I'm reasonably sure the Virginia Marine Police are also authorized to assist in the enforcement of federal law.

[Kevinj]

An earlier post said you were boarded by Coasties just before you headed back to dock. Question: Who blessed the illegal fishing before the Coasties got there?

Did the Coasties have five old dudes in long black robes on board? You know, enough Supreme Court members to invalidate a federal law?

The next Coastie you encounter is not bound by what the first may have told you. We are all bound by law, not a verbal blessing by individual Coastie.

NOAA enforcers may be out there next time-also not bound by what Coastie told you.

I'm reasonably sure the Virginia Marine Police are also authorized to assist in the enforcement of federal law.

Outcast,

No one blessed it, I believe we were all under the belief it was legal
to catch and release in the EEZ.

I believe this discussion was helpful and added clarification.

Obviously, if it is illegal, we were lucky that the letter of the law
was not being enforced and have learned from this thread.

Kevin

[BigSexy]

I know all NJ Fish and Game got Federaly Deputized. But I doubt you will see them out there. But ya never know.

[marcusah]

Marcusah,

Was there anything with the reports regarding the circumstances,
location, of the cites or warnings?

Kevin
the ones I referenced there were cited and or warned for just catching (c&r) bass off the coast of VA in the EEZ..... there are others in the report that were cited for keeping bass