jfisher76

RETAINING FISH FROM OUT OF STATE BY BOAT?

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Does anyone know the regulations of returning from out of state with fish if the season is open there but closed in your home state.

 

Ie. Bringing a limit of Tog from RI if the seasons open there back to NY when it's closed? 

 

I guess the same would apply to size limits. I imagine the difficulty would be proving where you caught the fish. 

 

Thanks in advance 

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2 mins ago, jfisher76 said:

Does anyone know the regulations of returning from out of state with fish if the season is open there but closed in your home state.

 

Ie. Bringing a limit of Tog from RI if the seasons open there back to NY when it's closed? 

 

I guess the same would apply to size limits. I imagine the difficulty would be proving where you caught the fish. 

 

Thanks in advance 

In a fair world it would be just as difficult for the state to prove where the fish were caught, but they have you by the short hairs once you return.

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Don't know the full answer for your area.  Those of us fishing the Chesapeake Bay have the same issue when fishing back and forth between Maryland and Virginia and the Potomac Estuary.  When you're finished fishing one state then go back to port located in another state with fish in the cooler - Its  strongly advised to completely disassemble all your fishing rods and reels to include planer boards and other associated gear BEFORE you even get close to your home water.  And once in your home waters, don't even think about fishing in you home waters, regardless of how big the flock of "working birds" is that you pass along the way home... just gotta grit and bare it.

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I always thought it was about the port from which you sail, i.e. the regs where you said from and return to. For instance, I was on a large party boat that sailed out of NJ to Nantucket fishing for fluke. While I believe the fluke limit in Nantucket was 5, NJ was only 3, so we could only possess 3 when returning to dock in NJ. Also, you can not possess fish in waters in which possession of such fish is prohibited. In other words, if a limit of x fish is legal were your sailing out of, but not in the waters that you're fishing, you're in violation. 

Does this ring true?

JD

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When I was younger I was always told by old timers that you always have to go with the lower limit 

Ex, limit is 5 where you're fishing but only 3 where you're returning to/launched from,you can only keep 3 

Limit is 3 where you're fishing but 5 where you're returning to/launched from , you should only keep 3 incase you get stopped at the launch you dont have to try to explain that you caught x In this water but x here so it's legal 

 

Same goes for size limits, make sure you're following both states size limits so you don't get pinched 

 

I wouldn't worry about driving fish through your state, because as far as I'm concerned after it's in your cooler in your car, and you're packed up and gone they realistically shouldn't be stopping you at all 

But I always make sure I'm following both rules and regs on the rate chance I'm fishing one states waters but launched from another's 

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It's really very simple, you have to be in compliance with the regulations in the area where you are currently located. 

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1 hour ago, GrahamN said:

I wouldn't worry about driving fish through your state, because as far as I'm concerned after it's in your cooler in your car, and you're packed up and gone they realistically shouldn't be stopping you at all 

I remember being told in theory you could get ticketed if they stopped your car. Here's a hypothetical: Could a State Trooper who was also a fisherman stop you for speeding, notice your gear, and then ask to see your cooler?

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31 mins ago, MakoMike said:

It's really very simple, you have to be in compliance with the regulations in the area where you are currently located. 

I don’t know about this.
 

I have gone out of San Diego into Mexican waters and we could take a “Mexican” limit back to the dock in California. 

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5 mins ago, ged said:

I don’t know about this.
 

I have gone out of San Diego into Mexican waters and we could take a “Mexican” limit back to the dock in California. 

Not the point. Was the "Mexican" limit higher than the CA limit?

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2 mins ago, ged said:

I don’t know about this.
 

I have gone out of San Diego into Mexican waters and we could take a “Mexican” limit back to the dock in California. 

Did you ever get boarded? How could you possibly prove where the fish were taken? There's a lot of BS and self serving ideas out there. I once talked with some guys togging from a Jersey City marina who claimed that their marina was considered NY and they could keep a NY 4 tog limit when NJ was 1!

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8 mins ago, gellfex said:

I remember being told in theory you could get ticketed if they stopped your car. Here's a hypothetical: Could a State Trooper who was also a fisherman stop you for speeding, notice your gear, and then ask to see your cooler?

I mean, I suppose if they pulled you over for a legitimate reason, and you consented that they search your vehicle,  possibly? 

I generally don't have to worry about it as 95% of the time I'm filleting the fish down at the shore and only bringing home fillets in my cooler so I don't slime it up 

Or because I'm down at the shore for several days and wouldn't have room in my small cooler for several days catch 

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5 mins ago, GrahamN said:

I mean, I suppose if they pulled you over for a legitimate reason, and you consented that they search your vehicle,  possibly? 

I generally don't have to worry about it as 95% of the time I'm filleting the fish down at the shore and only bringing home fillets in my cooler so I don't slime it up 

Or because I'm down at the shore for several days and wouldn't have room in my small cooler for several days catch 

They don't even need a legitimate reason, at least if they are a DEC cop in NY. There used to ba DEC agent in Montauk that would routinely pull over fishermen hoping to get the car that had the cooler from a six pack striped bass trip. If they had more than one striped bass for each person (the limit at the time was one fish) he would give them a ticket for being over the limit.

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8 mins ago, MakoMike said:

They don't even need a legitimate reason, at least if they are a DEC cop in NY. There used to ba DEC agent in Montauk that would routinely pull over fishermen hoping to get the car that had the cooler from a six pack striped bass trip. If they had more than one striped bass for each person (the limit at the time was one fish) he would give them a ticket for being over the limit.

Doesn't sound like that would hold up in court.

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Posted (edited) · Report post

34 mins ago, Sandbar1 said:

Doesn't sound like that would hold up in court.

It did, every time. In NY DEC officers have a special dispensation from reasonable cause rules. Two guys in car with a cooler containing 6 bass, is an obvious violation.

Edited by MakoMike

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I would think lack of probable cause for search wouldn't hold up, but I suppose things don't always work the way you'd think 

 

I've been stopped before ( after filleting the days fish) and had my carcases checked for my daily limit+size 

When he asked if he could check my cooler for other fish I agreed but let him know I had fillets from the previous two days in there 

Very clearly over one days limit but he didn't give me any grief about it at all

 

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