New Sea Bass Legislation H-3735

Saltwater Offshore Discussion
21

Gentlemen,
the political realities are this: Director Alvin Taylor, Robert Boyles, SAFMC Members, CCA, and your humble servant, yours truly, support this bill. If we can get all those people on all different levels of government, be them biologists, law enforcement, legislators, lobbyists, AND FISHERMEN, then we’ve found a pretty good resolution. This is much better than some shady back-room deal that’s cut with environmental groups. This has everyone’s fingerprints. I worked night and day for a long time to get this bill introduced. There were naysayers in the beginning, but we now have a workable, rational, likely-to-pass, piece of legislation that can actually get fishermen fishing again. Let’s not take our eyes off the ball. Please support the bill. The bottom line still stands: BSB’s are OVERPOPULATED. This state has a RIGHT to manage its own state waters and the fish within them. The state recognizes that BSB are OVERPOPULATED. WE want to get fishermen to start fishing again. Let’s do this together.

Stephen Goldfinch
“Sleep When You’re Dead!”

22

Where are we on the reef program like Alabama and some of the other gulf states are using?

Set the trap boys, we going to pass through them again!!

23
quote:
Originally posted by Scoutin 4 Goodies

Where are we on the reef program like Alabama and some of the other gulf states are using?

Set the trap boys, we going to pass through them again!!

Scott, I know You and Jason had some ideas about this. Let’s talk about it and see what we can do.
Thanks,

Stephen Goldfinch
“Sleep When You’re Dead!”

24

Sent u a text, yellabird

www.scmarine.org

www.joinrfa.com

Luke 8:22-25

25

Are you referring to bill number 3615 or is there another bill we should be calling our representatives about? Thanks

26
quote:
Originally posted by hungryneck

Are you referring to bill number 3615 or is there another bill we should be calling our representatives about? Thanks

It was just assigned a number. H3735.

Stephen Goldfinch
“Sleep When You’re Dead!”

27

Now thats service right there 13 minutes!!! Thanks

28

This is unprecedented for sure. Yellabird you are a new bread. Breath of fresh air! Thanks for keeping us in the loop and fighting for our rights. Where is my upstate rep? He needs to take a lesson on how to work for the people.

Set the trap boys, we going to pass through them again!!

29

I am glad to see CCA supporting this legislation. We have not seen eye to eye on things in the past, and I have been really vocal with my frustration with them on here before. I know they want to do the right thing, and that sometimes the political box that we live in doesn’t allow certain things. Water under the bridge.
I am really happy to see them supportive of what Rep. Goldfinch is doing for us here. This is definitely in CCA’s coastal wheelhouse since it’s a state waters issue. I know they have a man at the statehouse that follows things, and he got on board to help Rep. Goldfinch with this early on. Doubt this would get off the ground if CCA had not come on board since they are who the legislators traditionally look to when it comes to state waters fishing issues.

This is a clear cut thing for RFA to support as well. The RFA mission statement is advanced by this bill in almost every imaginable way.

This is roughly what will appear in Recreational Fishing Alliance E-news soon.

South Carolina Representative Stephen Goldfinch Champions RFA Mission by introducing legislation to take black sea bass back from feds.

RFA-SC members have been working with freshman Republican state Representative Stephen Goldfinch to do whatever is possible to help ensure access for recreational anglers to fish stocks that have been closed more and more alarmingly by draconian federal management measures. Representative Goldfinch, of Murrells Inlet, immediately took advantage of his position on the SC House Natural Resources and Environmental Affairs Committee to address some of the critical issues faced by South Carolina and other South Atlantic states.

Rep. Goldfinch’s legislation, co-authored by Reps. Hardwick, H.A. Crawford, Huggins, Hardee, Clemmons, Vick, Finlay, Chumley, Hamilton, Herbkersman, Hiott, Hixon, V.S. Moss, Owens, Pitts, Sottile, Wells and Wood, makes black sea bass stay open in state waters (out to 3 miles offshore) during federal closures. The bill is H. 3735, and can be viewed he

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Also, there have been concerns about the feds fining charter captains for BSB caught in state waters or even pulling charter captain’s permits if they bring in black sea bass caught in state waters during a federal waters closure.

C.F.R. 50 622.49 (b)(5)(B)(ii) says
(ii) Recreational sector. (A) If recreational landings for black sea bass, as estimated by the SRD, are projected to reach the recreational ACL of 409,000 lb (185,519 kg), gutted weight; 482,620 lb (218,913 kg), round weight; the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year. On and after the effective date of such a notification, the bag and possession limit is zero. This bag and possession limit applies in the South Atlantic on board a vessel for which a valid Federal charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested, i.e. in state or Federal waters.

HOWEVER,
a federal regulation does not supersede federal legislation if the two conflict. We will not even get into our county’s ultimate law in the hierarchy, and what the 10th Amendment says. The Magnuson-Stevens Act, which the federal fishing regs are promulgated under, says this about state jurisdiction:

SEC. 306. STATE JURISDICTION 16 U.S.C. 1856
97-453, 98-623
(a) IN GENERAL.–

(1) Except as provided in subsection (b), nothing in this Act shall be construed as extending or diminishing the jurisdiction or authority of any State within its boundaries.</font id=“size3”>

(2) For the purposes of this Act, except as provided in subsection

(b), the jurisdiction and authority of a State shall extend

(A) to any pocket of waters that is adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States pursuant to the Geneva Convention on the Territorial Sea and Contiguous Zone or any successor convention to which the United States is

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Wes,
This would have been impossible without the help of RFA. We’re still in a small battle with some naysayers, arguing that the bill doesn’t help charter boats as much as it does recreational fishermen. I would encourage everyone to evaluate what’s best for this state and let’s get fishermen fishing again. The Feds CANNOT be trusted for Managment of our state fishery. Please support this bill.
Thank you,

Stephen Goldfinch
“Sleep When You’re Dead!”

32

If it helps either it’s a good thing.

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Rep. Goldfinch, when you got a minute, I would love to talk with you about a “truth in Menu” bill. 843-871-0640

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NMFS = No More Fishing Season

“Back home we got a taxidermy man. He gonna have a heart attack when he see what I brung him”

34

Paul,
I assume Cat called you about this? I’m already working on one. I would love your input in the drafting of this bill. Will call you after my meetings.

Stephen Goldfinch
“Sleep When You’re Dead!”

35

If this passes and becomes law, and I hope it does, how will the enviro radicals at SAFMC retaliate?

Will they just close off fed waters earlier? Will they count rec landings in state waters as if they were caught in federal waters and have that count against the landings quota?

Ole Cupka will certainly soil his depends if his home state takes action against his radical vision

Squid Row 2
22 Shamrock WA

Flounder Pounder 2
16 Sandpiper Skiff

36

Glad to see many of us on the same page with this matter…it is a good start for at least controlling the State waters but if we can’t control the areas where the real problem lies (beyond 3 miles) it will be an uphill battle trying to control the population.

Captain

37

Here is the answer!

BATON ROUGE Louisiana officials are enforcing a law passed by the Legislature last year to expand the states three-mile offshore fishing and energy-exploration threshold in the Gulf to 10.4 miles.

If they can do it why can’t we??

36 Contender Fisharound
Are We There Yet?

38
quote:
Originally posted by DownandOut

Here is the answer!

BATON ROUGE Louisiana officials are enforcing a law passed by the Legislature last year to expand the states three-mile offshore fishing and energy-exploration threshold in the Gulf to 10.4 miles.

If they can do it why can’t we??

36 Contender Fisharound
Are We There Yet?

We may be able to. But it will have to be separate legislation. Put these two things together and both will be killed. I’m working on this.

Stephen Goldfinch
“Sleep When You’re Dead!”

39
quote:
Originally posted by Squid Row

If this passes and becomes law, and I hope it does, how will the enviro radicals at SAFMC retaliate?

Will they just close off fed waters earlier? Will they count rec landings in state waters as if they were caught in federal waters and have that count against the landings quota?

Ole Cupka will certainly soil his depends if his home state takes action against his radical vision

Squid Row 2
22 Shamrock WA

Flounder Pounder 2
16 Sandpiper Skiff

They can make all the arguments they want, but the truth of the matter is that the MSA is targetted at the EEZ. 3 miles out to 200 miles out.
The state not being able to do anything about a black sea bass problem inshore is absolutely ridiculous.

DNR has told us that the affect on the South Atlantic ACL will be minimal, and DNR has told us that this absolutely can be done.

So what is more important? Being able to keep a grown black sea bass at the jetties or in the river 365 days a year with the federal water shut down a week earlier??? OR only being able to keep a black sea bass, from anywhere, 40 days out of the year?

That’s really what we’re talking about here. If there is a problem with federal charter permits and charter boats, then use a skiff to fish off the beach in state waters. What federal S/G permit? What federal charter permit? We are not in federal waters, are we? The law does not say you need a permit if the boat is not fishing in the EEZ, does it??? How is not being able to keep the things whatsoever, not absolutely worse than having to jump in a non federally permitted boat to go get paid by a charter in state waters? Am I missing something here?

The feds are going to play games and fight what we’re trying to do here. SINCE WHEN HAVE THEIR LAWYERS EVER AGREED WI

40

Big things in the works…We really need to know where ALL politicians stand on these issues. Ask questions…demand answers! Don’t let them stab us in the back like Gov. Haley did. Thanks again Steve! Looks like another bus trip to DC to fight Commandant Cupka’s latest MPA map.

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NMFS = No More Fishing Season

“Back home we got a taxidermy man. He gonna have a heart attack when he see what I brung him”