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HaysWalt

The FEDS will be watching the EEZ this fall

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And it's about effen time:

 

From another site:

 

At yesterday's meeting of the Cape May Charter Boat and Headboat Ass meeting they had two reps from the Federal Government there as guest speakers to discuss fishing for stripers beyond the three mile limit. There message was a warning to the charter fleet they will be out there this fall ticketing boats with stripers in their pocession. They would not discuss any of the planned operational tactics to the us but they will supported the Coast Guard, NJ Marine Fisheries and NJ State Police in this effort. For those ticketed by them there will not be any local court appearances such as CMCH but either Trenton or Camden is where you will have to plead your case if you decide to not to pay the fine. They mean business or they would not have taken the time to come the the meeting last night to discuss this issue. The fines can be from $50.00 per fish up to thousands if they feel they want to make an issue of a sitution or the ticketed party gives them a hard time or tries to cover up in some way such as hiding their catch or throwing them overboard when the Feds approach the vessel. You can fish all day legally for other species in season out in federal waters but do not pocess any stipers or you could be made an example of and possibly suffer some pretty costly fines. This was only a warning only by the feds and I thought that all barners should be made aware of the Feds plans so and decide if they want to risk fishing beyond 3 miles this fall for stripers.

Capt John/HOOKED UP

 

And no local court like the NorthStar debacle in Ocean City (tog incident)- violators will have to appear in Trenton/Camden. Happy hunting NOAA- enforcement. IMHO

 

BTW- If you want to help:

 

http://www.nmfs.noaa.gov/ole/northeast.html

 

Walt

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Unless I'm mistaken, it's not only illegal to possess a striper beyond 3 miles, it is illegal to target them beyond 3 miles.

 

Folks planning on doing some catch and release striper fishing should keep that in mind - it is illegal in the EEZ. Having a dead striper in your boat isn't the only way you'll get busted...catching and releasing stripers is also illegal. You might think it's ok to "target" bluefish and catch stripers all day so long as you release them...but the feds aren't likely gonna go along with you. Targeting stripers means, among other things, catching them and little else but continuing to use the same tactics in the same area HappyWave.gif

 

TimS

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Unless I'm mistaken, it's not only illegal to possess a striper beyond 3 miles, it is illegal to target them beyond 3 miles.

 

TimS

 

You are correct TimS - These guys are mad about the flagrant disregard for the EEZ rules and they are equally mad about reading about this disregard on some specific web sites (Not this one).

 

Here is a post from another site by a lawyer - I hope he doesn't mind me leaving in his name and affiliation- RFA!!!

 

Ok Ladies and Gentlemen, here are the actual Federal Laws & Codes addressing the fishing for striped bass in the EEZ.

According to this, it is illegal to specifically target striped bass in this area even if you intend to catch & release.

In this case, the terms are defined and it is clear that 3 miles and beyond it is a no no. I know it is not what we want to hear, but maybe it will finally put the nail in the coffin on this issue.

I know it is long, so I have tried to highlight most of the specific items addressing fishing.

________________________________________ __

UNITED STATES CODE

CHAPTER 71A--ATLANTIC STRIPED BASS CONSERVATION

§§ 5151. Findings and purposes

(a) Findings

The Congress finds and declares the following:

(1) Atlantic striped bass are of historic commercial and recreational importance and economic benefit to the Atlantic coastal States and to the Nation.

(2) No single government entity has full management authority throughout the range of the Atlantic striped bass.

(3) The population of Atlantic striped bass--

(A) has been subject to large fluctuations due to natural causes, fishing pressure, environmental pollution, loss and alteration of habitat, inadequacy of fisheries conservation and management practices, and other causes; and

(B) risks potential depletion in the future without effective monitoring and conservation and management measures.

(4) It is in the national interest to implement effective procedures and measures to provide for effective inter-jurisdictional conservation and management of this species.

(b) Purpose

It is therefore declared to be the purpose of the Congress in this chapter to support and encourage the development, implementation, and enforcement of effective interstate action regarding the conservation and management of the Atlantic striped bass.

_________________________________

§§ 5152. Definitions

As used in this chapter-

(1) the term "Magnuson Act" means the Magnuson-Stevens Fishery Conservation and Management Act

(2) The term "Atlantic striped bass" means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i).

(3) The term "coastal waters" means-

.....

(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone (EEZ);

....

(4) The term "coastal State" means--

(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;

....

(7) 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

© 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.

CODE OF FEDERAL REGULATIONS

TITLE 50--WILDLIFE AND FISHERIES

§§ 697.7 Prohibitions.

(b) Atlantic striped bass fishery. In addition to the prohibitions set forth in §§ 600.725 of this chapter, it is unlawful for any person to do any of the following:

(1) Fish for Atlantic striped bass in the EEZ.

(2) Harvest any Atlantic striped bass from the EEZ.

(3) Possess any Atlantic striped bass in or from the EEZ, except in the following area: The EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within this area, possession of Atlantic striped bass is permitted, provided no fishing takes place from the vessel while in the EEZ and the vessel is in continuous transit.

(4) Retain any Atlantic striped bass taken in or from the EEZ.

_______________________________________

These laws are current as of 01/01/02.

------------------

Tight Lines & Safe Returns,

Mako6950 (Tom Muldoon)

RFA Member

 

 

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