Evenin’ Everyone, I was just thinkin’ about a question that I have had for some while and have decided to ask all of the knowledgable folks on this site. I figured if anyone knew, it would be someone on here. (Or I could just call DNR and see if they would give me a straight answer, but where would the fun be in that.)
My Father, Brother, and I are planning on trying to hit a good day to head offshore to do some trollin’, bottom bumpin’, and divin’. If the weather looks good and holds we may run in to some good bottom #s and throw anchor and spend the night catchin’ bottom dwellers and then when the sun peaks over the horizon try and catch the mornin’ bite. After that we may try to throw some steel at some fish and then head home.
I have been on an overnight Headboat trip that allowed you to keep double your limit due to the fact that you were out on the water for two days fishing.
I understand that that was a commercial fishing boat and they have different rules and regulations but what would my regulations be due to me going out on a recreational boat with my dad and brother for an overnight trip?
Any help with this will be greatly appreciatted. Thanks.
I saw this question posetd before but there was not a clear answer. I would call DNR. And if you do please post what they tell you. Based on the last post you may want to ask a few DNR employees and see if all of the answers line up. I would be curious to know as well.
Unless something has changed in the last 2 years, the answer is no. I’ve heard them say that they would allow exceptions for a headboat that has land based documentation (like a log book in the office with departure times) showing them for an overnighter > 24 hours. Also, fishing limits are not based from sun up to sun down. Technically a day is still 24 hours.
fishing limits are not based from sun up to sun down.
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This is actually key to answering the above question with any amount of certainty. I am not going to get into legal advice here, but the definition of “day” in the state law which DNR enforces is below.
SECTION 50-13-5. Definitions.
For the purposes of this chapter:
(1) “Day” means the period from official sunrise of one day, to official sunrise of the next day.
As far as federal law goes, please note that there are some creel limits that say, “per trip,” while others say “per day.”
This conversation does not need to go any more in depth here on a public forum.
If you give this thing more attention, then it will likely spur changes to the laws.
Use good judgment and don’t try to cheat the system. DNR and the judge will have a good feel for when somebody’s intentions were wrong or right. Why put yourself through the trouble of having to defend yourself or explain anything? Easier to stay out of trouble than get out of trouble.
I think that it’s the possession part that get’s you:
SECTION 50-13-280. Limit on possession of game fish; exceptions.
It is unlawful for any person to have in his immediate possession or control more than the number of game fish authorized to be caught by one person in any one day</font id=“red”>; provided, that the provisions of this section do not apply to a person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to a person who has fish stored in a freezer in a residence which is not used as or connected with a store, service station, eating establishment, or any such similar commercial establishment. This section does not apply to aquaculture produced fish as permitted in this title.
I think that it’s the possession part that get’s you:
SECTION 50-13-280. Limit on possession of game fish; exceptions.
It is unlawful for any person to have in his immediate possession or control more than the number of game fish</font id=“black”> authorized to be caught by one person in any one day</font id=“red”>; provided, that the provisions of this section do not apply to a person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to a person who has fish stored in a freezer in a residence which is not used as or connected with a store, service station, eating establishment, or any such similar commercial establishment. This section does not apply to aquaculture produced fish as permitted in this title.
(45) “Saltwater gamefish” means a species of saltwater fish designated as a saltwater gamefish in this title.
SECTION 50-1-30. Classifications of birds, animals, and fish.
(7) Saltwater game fish: spotted seatrout (winter trout) Cynoscion nebulosus, red drum (channel bass) Sciaenops ocellatus; tarpon Megalops atlanticus, and any species of billfish of the Family Istiophoridae.
I think (my opinion) is that the spirit of the law would allow one to keep twice his limit if one is fishing for two days. The letter of the law is somewhat ambiguous, and there’s a reason for that. That leaves room for the magistrate, who would be trying this kind of case, to make an informed decision, taking into account all evidence and testimony. I seriously doubt that most magistrates around here would find a fishing crew guilty of such an offense, even with flimsy evidence, as long as all testified to the fact that they were out for 2 days. The officer would have to prove beyond a reasonable doubt that the crew was over their limit, while the crew simply has to refute that assertion. Most magistrates that I know would not-guilty such a case.
My thing is, I will be doing a float plan for a two day trip to leave say on sat morning at day break and coming back on Sunday noon or no later than sun down Sunday evening. Also having a GPS system going the whole rime accounting for the whole continuous 2 days we were to be on the water should suffice as proof of our 2 day trip as long as the limit is specified as a “limit per day and not limit per trip” as previously mentioned. Would that be correct in my thinking? Or go safe route and just have fun and hope we catch one limit and have a safe trip?
1994 High Tide 15’3" w/40 Yamaha
2003 Seafox 197 CC w/150 Mercury Saltwater
When I ran the Thunderstar, we had to be away from the dock for more than 24 hours and one minute in order to be considered a two day limit. I spoke with DNR about this topic for my personal boat within the last year. They told me, one must have a party/headboat permit in order to keep twice your limit for a 2 day trip. I have thought about getting a headboat permit for my personal boat simply for this reason, however I am not sure as to the details for that just yet. I will let yall know what I find out.