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Post by thundergills on Jan 5, 2020 20:42:30 GMT -5
So after seeing some recent posts, I have a question.
If somebody gave me a legal gag grouper and I caught my limit of 2 gag groupers... making 3 in the cooler and the FWC checks me. Am I legal? Does the guy need to be around?
I ask because a tourist offered to give me a grouper, it was undersized, but if it was a keeper I would have.
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Post by Mackerelman on Jan 5, 2020 20:53:06 GMT -5
Yes the person needs to be there from what I have been told & read.
According to the Rules: It is how many that is in "Your Possession".
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Post by willdawson84 on Jan 5, 2020 21:37:20 GMT -5
I will just chime in with possession is 9 tenths of law reguardless of who gave what if your allowed 2 an are given a 3rd that makes you over your limit as kind a thing as it is to give it can get you in troubble.
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Post by carlf on Jan 6, 2020 7:32:11 GMT -5
Like noted, it's all about possession.
If the person who caught it wasn't standing right there, you would be in possession of more than the daily bag limit and you would get a ticket.
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Post by tears143 on Jan 6, 2020 10:38:12 GMT -5
So after seeing some recent posts, I have a question. If somebody gave me a legal gag grouper and I caught my limit of 2 gag groupers... making 3 in the cooler and the FWC checks me. Am I legal? Does the guy need to be around? I ask because a tourist offered to give me a grouper, it was undersized, but if it was a keeper I would have. Key is possession, if he's not together with you when FWC check your cooler, you are over the limit. They suppose to give it to you when you get home, not even at the pier but as long as he is there with you and claim it's "his" fish FWC cannot do anything about it. If he claim that he caught it and gave it to you, you can still be fined for over the limit. |
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Post by parkpass on Jan 6, 2020 11:13:20 GMT -5
In reality, there's a high probability you would leave the pier with 3 gags and never have to worry about FWC
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Post by Mackerelman on Jan 6, 2020 13:44:54 GMT -5
In reality, there's a high probability you would leave the pier with 3 gags and never have to worry about FWC Unless You get Pulled Over for something ? |
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Post by Mackerelman on Jan 6, 2020 13:47:17 GMT -5
If You look at any of the FWC Fishing Regulations whether Freshwater or Saltwater, it say "Possess".
That is the Keyword !
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Post by parkpass on Jan 6, 2020 14:11:27 GMT -5
Who's gonna pull you over, the fish police? FWC is rarely out there. I spoke with an officer on Xmas eve and haven't seen one since and I've been back 4 times
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Post by tears143 on Jan 6, 2020 14:17:43 GMT -5
Who's gonna pull you over, the fish police? FWC is rarely out there. I spoke with an officer on Xmas eve and haven't seen one since and I've been back 4 times I got pulled over Saturday... :-p |
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Post by parkpass on Jan 6, 2020 14:46:37 GMT -5
Where, inside Wal-Mart?
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Post by thundergills on Jan 6, 2020 15:18:30 GMT -5
I ask because people talk about catching and giving away fish, but if someone else has them then does it matter who caught them? It seems confusing.
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Post by parkpass on Jan 6, 2020 15:34:35 GMT -5
If you're that concerned about it just be sure you know the bag limits and stay within those limits and you'll be fine. I had one particular officer tell me that technically a permit is required to give away fish, said it's the same as selling which doesn't surprise me considering how gov't agencies have turned into "money grabbers"
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Post by tears143 on Jan 6, 2020 15:53:14 GMT -5
From my understanding... If you give away fish, it count against your limit and the other person limit. This is when you are still fishing or out there, does not include when you are at home.
So basically no one should have a possession of over the limit out there.
When you pool your limit together(fish together and leave together) they cannot prove who catches which fish and such, so your limit or your friend limit does not matter anymore.
Most of the time they do not enforce how many fish people give away as they cannot prove it. Therefore just posses the limit, even if someone give you theirs and you should be gold. Unless you guys are traveling together and fishing together then keep your group limit.
Like I said "possession" is key.
As always you can email FWC and see what type of response you get from them. It is much better than this or any other forum response that people think what the law say.
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Post by tears143 on Jan 6, 2020 15:54:54 GMT -5
On my way home from my secret spot. Pull me over just when I got to my car. They thought I have the special "Asian" license where I can keep any size fish and any amount of fish because I look Asian. :-p :-p (joke) |
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Post by saltybass on Jan 6, 2020 16:59:04 GMT -5
So after seeing some recent posts, I have a question. If somebody gave me a legal gag grouper and I caught my limit of 2 gag groupers... making 3 in the cooler and the FWC checks me. Am I legal? Does the guy need to be around? I ask because a tourist offered to give me a grouper, it was undersized, but if it was a keeper I would have. Ex A) 1 person fishing, while in possession of more than the daily limit is breaking the law. Ex B) 2 people fishing together using the same cooler could be in violation of the law with only 3 grouper if 1 person has caught all 3. This would have to be seen 1st hand by fwc or documented/recorded by an individual to prove it. [Unlikely/hard to be enforced but technically in violation] (for-hire vessels are different than individuals) Ex C) 1 person catches 18 macs but gives away 3. Still illegal. 18 were caught & kept by 1 person when limit is 15. Ex D) Person A has caught & kept 12 macs, then person B gives him 5 macs. Person A is over limit & illegal. Ex E) I caught 15 macs yesterday, took them home but haven't cleaned them, I can still keep 15 today. With possession limit being 2x daily limit, I'm legal. Ex F) I have the 30 macs from Ex E in a cooler on my way to clean them & smoke them at a friend's place. For some reason I am stopped by fwc & they check the cooler. It is possible that I could be ticketed even though legal. Officer's discretion to ticket or not. If they all look like they were caught on the same day, I have fishing clothes on, and fishing gear in the car, I might get a ticket. No gear in the car and the fish look like they were caught different days, probably not getting a ticket. [Would have to commit another crime first to make this even an issue] |
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Post by saltybass on Jan 6, 2020 17:11:45 GMT -5
Sorry for the long post above but hopefully it helps a little.
According to fwc, in essence, 2 people could be in possession of the same 1 fish. IE 1 fish could actually be counted twice because it was 'possessed' by 2 people.
Think of it similarly to accepting stolen merchandise.
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Post by tears143 on Jan 6, 2020 21:00:04 GMT -5
Perfect way to explain this saltybass!
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Post by tristan on Jan 7, 2020 18:23:24 GMT -5
Well done, Saltybass.
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