Just bring the bsb’s home in yo belly. Sellsfish has a jam up ceviche recipe. Jus sayin
fish today work tomorrow
“Good day Officer. Am I being detained or arrested? Am I free to go? I will be glad to show you my license and ID.
I do not consent to searches without a warrant. I wish to remain silent until I have spoken to my lawyer”
The burden of proof is with the officer. Don’t say anything to help his case.
The laws written for the MPA’s is that you cannot stop in an MPA with fish on board. Doesn’t matter where you caught them, only that you have them in possession and that you stopped inside of the MPA boundaries… Possession can be made illegal with the stroke of a pen and it has already been done so… Try to take your boat across Charleston harbor with a red snapper on board and tell them you bought it at the fish market. Don’t call me to bail you out…
quote:
Originally posted by No RegretsI 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 y