First, I do very little bottom fishing, if any, and the BSB regulations really don’t affect me at all. I have briefly read all the talk on this cite about the bill trying to be passed and it looks like the bill being passed only affects state waters so about 3 miles out (if that is incorrect, disregard this question).
That being said, I have a question about enforcement of the Federal Law. Basically, if you get stopped 20 miles out with a cooler of BSB, what would stop the boat owner from simply saying all the BSB were caught within 3 miles in state waters and then the boat went out deeper? Even if the BSB look fresh, you could simply say they were in the livewell and just transferred over to the cooler. Obviously the law enforcement would be very skeptical and give you a hard time, but I still am just curious how they can actually prove the BSB were not caught in state waters and therefore legal.
Again, obviously you can say be honest and follow the rules, but I don’t fish for them so I am not looking for a way to break the law - I’m just curious how this can be enforced if the bill passes and BSB are allowed to be caught and kept in state waters.
You better not have any BSB in the boat past the 3 mile limit period or you will get a ticket. If you plan to go deep then go and stop for BSB on the way in…
2007 Scout 221 150 Yamaha 4 stroke
Followup question on this…does law enforcement have the right to look at our electronics to inspect our tracking???
Noregrets,
I think you are putting the cart before the horse. Jump onboard with the support needed to get state waters opened. Among other issues.
It is badly needed Sir! If you can spring it, Join RFA too!
Thanks,
NN
07 23 Key West Twin 115 Yammys
www.joinrfa.org/
No Regrets - Keep looking into this and you will see it does affect you… you’ll have “no regrets”.
“Temptation may lean on the doorbell… opportunity may only knock once”
I haven’t came across any state game wardens that would take it as far as viewing your tracking… How would they know if the tracks were new or old? If they catch you red handed you will get burnt. If they pull up to you on anchor in state waters check your limits the tracks would never even be brought up in my opinion. Several of these men and women are my friends the ones I know are good people and aren’t out looking to screw anyone unless you’re doing something you’re not supposed to be doing!
2007 Scout 221 150 Yamaha 4 stroke
To view your electronics they would have to ask your permission or get a warrant. Now, that being said if they are on your boat and you have a large display and your track is openly displayed at that moment they can look all they want (plain view doctrine). They cannot walk up and manipulate your electronics to view your tracks without a warrant or your verbal permission to do so. Just remember if you start to play legal games with law enforcement their book of laws is very thick and could make your time on the water very expensive. If you force them to get a warrant your chartplotter will more than likely be removed from your boat until trial which is another expensive technique just to catch black sea bass. LE just wants to do their job and make sure people are safe as well as the Natural Resources we all enjoy.
Kevin
Sportsman 229
Yamaha 250
“To view your electronics they would have to ask your permission or get a warrant” unless you are a commercial fishermen because they are trying to mandate gps tracking and monitoring of the commercial fleet.
This will be applied to recs in the not too distant future too
Squid Row 2
22 Shamrock WA
Flounder Pounder 2
16 Sandpiper Skiff
quote:
Originally posted by kevindhs
To view your electronics they would have to ask your permission or get a warrant. Now, that being said if they are on your boat and you have a large display and your track is openly displayed at that moment they can look all they want (plain view doctrine). They cannot walk up and manipulate your electronics to view your tracks without a warrant or your verbal permission to do so. Just remember if you start to play legal games with law enforcement their book of laws is very thick and could make your time on the water very expensive. If you force them to get a warrant your chartplotter will more than likely be removed from your boat until trial which is another expensive technique just to catch black sea bass. LE just wants to do their job and make sure people are safe as well as the Natural Resources we all enjoy.
Kevin
Sportsman 229
Yamaha 250
Will they remove it carefully or smash the entire console to get it out? Will they hold you at gunpoint until the Warrant Boat with Judge Davey Jones gets there or the Docu-chopper brings it out from land? Will they keep you from operating your electronics to get back? Would you magically have a system reset or accidentally hit the erase tracks option. Do you really envision going to a Super-max prison over a fish that SC’s Green Jeans know is a problem just because you are outside the 3 mile limits?
Mark
Pioneer 222 Sportfish Yamaha F300
Yeah, but do you consider a dog to be a filthy animal? I wouldn’t go so far as to call a dog filthy but they’re definitely dirty. But, a dog’s got personality. Personality goes a long way.
“Life’s tough…It’s even tougher if you’re stupid” John Wayne
quote:
Originally posted by saltydog235
[quote]Originally posted by kevindhs
To view your electronics they would have to ask your permission or get a warrant. Now, that being said if they are on your boat and you have a large display and your track is openly displayed at that moment they can look all they want (plain view doctrine). They cannot walk up and manipulate your electronics to view your tracks without a warrant or your verbal permission to do so. Just remember if you start to play legal games with law enforcement their book of laws is very thick and could make your time on the water very expensive. If you force them to get a warrant your chartplotter will more than likely be removed from your boat until trial which is another expensive technique just to catch black sea bass. LE just wants to do their job and make sure people are safe as well as the Natural Resources we all enjoy.
Kevin
Sportsman 229
Yamaha 250
Will they remove it carefully or smash the entire console to get it out? Will they hold you at gunpoint until the Warrant Boat with Judge Davey Jones gets there or the Docu-chopper brings it out from land? Will they keep you from operating your electronics to get back? Would you magically have a system reset or accidentally hit the erase tracks option. Do you really envision going to a Super-max prison over a fish that SC’s Green Jeans know is a problem just because you are outside the 3 mile limits?
Mark
Pioneer 222 Sportfish Yamaha F300
Yeah, but do you consider a dog to be a filthy animal? I wouldn’t go so far as to call a dog filthy but they’re definitely dirty. But, a dog’s got personality. Personality goes a long way.
“Life’s tough…It’s even tougher if you’re stupid” John Wayne
One would hope they would be gentle about it, but I have
They could always seize your vessel and you could ride back in hand cuffs… Rememeber, not only does EACH bass have a max fine up to $450, but also 30 days in jail I believe…
Just asking…I am under the belief that in parts of this country, at least in a commercial vehicle, they can access cell phones to see if someone was texting and driving.
Hopefully some of this madness will cease mid May. They are having some type of emergency meeting about this aren’t they…?
xxmadfirexx and kevindhs are correct. In my legal opinion (not providing legal advice, just my personal opinion of the bill as written) the LEO’s would only have an actionable case if they caught you red-handed, which would be very difficult. They would have to observe you, in federal waters, pull a BSB out of the ocean, and put it directly in the fish-box. Without a warrant (which would be silly for such an offense), the LEO’s will likely stick with checking people at the rocks or the docks. The few offshore trips they make each year will have to be focused on other off-limit species. But…even those may become wasted trips. As funny as it may sound, there may be a bill introduced eventually to give us the right to fish for Grouper and ARS in state waters. I’ve caught a few. I’m sure each of you have caught a few as well. 
Stephen Goldfinch
“Sleep When You’re Dead!”
Unless it is Coast Guard or Navy, I am not letting anyone on my boat. Keep them in a cooler and refuse to open.
quote:
Unless it is Coast Guard or Navy,, I am not letting anyone on my boat. Keep them in a cooler and refuse to open.
I’d buy a ticket to watch that show 
Capt. Larry Teuton
Cracker Built Custom Boats
Small craft surveying and repair
quote:
Originally posted by bennetmp
Unless it is Coast Guard or Navy, I am not letting anyone on my boat. Keep them in a cooler and refuse to open.
i want to witness this,DNR is 1 of the most powerful state agencies,you are better off saying Yes Sir or Yes Maam whatever you need,but of course i would not be hiding anything to worry about in the first place.
quote:
Originally posted by bennetmp
Unless it is Coast Guard or Navy, I am not letting anyone on my boat. Keep them in a cooler and refuse to open.
I was boarded by DNR at the Edisto 60 last August…they did not ask for permission to come onboard and I did not ask them what they thought they were doing. It was more like “afternoon officer, here let me help you”. Yes, they did look in my cooler.
Key West 196;150 Yammie
Life Is Good…Gotta Love It!!!
We got stopped a few weeks ago by the Florida FWS about 30 miles offshore. Not only did they look in the coolers, they looked in the bait tanks, every locker, every hatch, opened every inspection plate, moved anchors and lines and life jackets, picked up and shook every fender and basically searched every square inch that could possibly hold a fillet. The only thing they did not search was personal gear bags.
We just said “yes sir, no sir, have a good day sir…”
Capt. Larry Teuton
Cracker Built Custom Boats
Small craft surveying and repair
I have personally asked several DNR officers a similar question about proof regarding fishing licenses. My question was say you go out fishing in the morning, have 8 rods on the boat, then pick up a few friends who don’t have a fishing license and either want to just ride around or have girls on the boat who just want to lay out while I fish. The DNR officers said unless they PHYSICALLY OBSERVE the person holding a fishing rod, they cannot give you a ticket for not having a license. The crime must be committed in their presence to get a ticket. Of course, most people would not know this and just accept a ticket. So, if I have 8 rods cast out and in rod holders and nobody else is touching a rod, it doesn’t matter that the people on my boat don’t have a license.
That is where my original question came from…how can they prove the BSB were caught in federal waters? Yes there is plenty of circumstantial evidence pointing towards the BSB being caught in federal waters, but there is also circumstantial evidence that if I am on a boat with 1 other person and I have 8 rods cast out in the rod holders that we are both fishing…yet they cannot give a citation for not having a license unless they see the other person touch a rod (one person must have a license if rods are in the water).
Again, I do not know the exact law, but this is what I have been told by DNR officers. They have to actually witness the crime occur. Another example they said is that if I tell them I fished yesterday without a license or that I kept an illegal fish yesterday, they cannot give a citation because they did not personally witness the crime being committed.
So, even with obvious circumstantial evidence of having a full cooler of BSB while sitting at the Charleston 60, I am curious how they can truly give you a citation if you claim you caught them in State Waters on your way out. Of course they can bring you into court and you have to swear under oath you caught them in state waters, but that is not my question.
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