Regulation question

The wife and I are coming down next week for some inshore fishing. We have friends that want to tag along. We both have Fishing and SW stamp. I will only have a couple of rods out. Will my guests need to purchase a liscense, or will DNR understand they are out for a joy ride.

Truthfully they will not be fishing only riding.

Technically they will need a license if they are in the boat. That being said, the officer may or may not decide to write a ticket.

Will be hard for DNR to know whether they fished or not. Buy a liscense and be legal, you aren’t talking that much money compared to a possible ticket.

“Kleenex, The Official Sponsor of Fishb8”

S.C. has the cheapest out of state liscence I know of! Better and cheaper to be safe not sorry.

This has been discussed before and I was told that if they aren’t fishing, there is not a requirement for a license. With that being said, there better not be any more fish in the boat that the limit for a particular species per license holder. I agree with pit viper that it would be hard for the officer to tell who was fishing and who was not, unless they actually witnessed it.

John

Pathfinder 23 HPS

Doesn’t matter if you have 100 rods in the boat and 2 ppl, and only one has a license. If only one is fishing, then only one is fishing. Period. There are no laws on the books that correlates the number of rods on board with the number of people fishing. As someone stated, you better not have one single fish more than the legal limit for the number of license holders on board.

Instead of trusting conflicting answers of people you don’t know why not call SCDNR and speak to them?
http://www.dnr.sc.gov/saltwater.html
803-734-4002.

Might want to call DNR as I think you are getting some bad advice. How many times do you think DNR has heard the “I wasn’t fishing” routine? One the ticket is written, you would have to straighten things out in court. $10 is pretty good insurance not to have to take a day off of work and appear in court.

quote:
Originally posted by Jerk Bait

Doesn’t matter if you have 100 rods in the boat and 2 ppl, and only one has a license. If only one is fishing, then only one is fishing. Period. There are no laws on the books that correlates the number of rods on board with the number of people fishing. As someone stated, you better not have one single fish more than the legal limit for the number of license holders on board.

Instead of trusting conflicting answers of people you don’t know why not call SCDNR and speak to them?
http://www.dnr.sc.gov/saltwater.html
803-734-4002.


I have always heard that you can have as many rods on the boat as you want as long as “everyone” on the boat is liscensed, but only 2 rods per liscensed person if there are unliscensed persons on the boat. Again, this is what I have always heard, but have never been able to find it in writing when looking at SCDNR’s website.

Another thing, good luck calling DNR and getting the same answer from more than one different person. The only answer that matters would be the officer checking you. If you tell the officer writting a ticket that you spoke to someone at DNR and they said it was OK, I’m sure you will still get the ticket, then a judge will figure it out…

Botton line, $11 for a 14-day non-resident salt water permit, $35 for annual (if they will be back for more), small price to pay and not have to worry about it.

“Kleenex, The Official Sponsor of Fishb8”

I usually carry 4 to 6 rods on my boat (who doesn’t). I’ve been checked while I’m on the front working banks with the electric motor and my girlfriend sits in the back sunning and enjoying the day. I show my license, she says she isn’t fishing, and it has never been a problem. We’ve even been checked when I have 4 rods in the holders bottom fishing for bull reds. Same outcome. Been checked from the Wando, to Crab Bank, to Bulls Island. She’s gone now. It was sort of nice having a girl who loved the boat and didn’t care about fishing.

Call DNR on James Island and ask for Sgt McBride. He’ll answer your question strait away and strait up

quote:
Originally posted by pitviper0404

Will be hard for DNR to know whether they fished or not. Buy a liscense and be legal, you aren’t talking that much money compared to a possible ticket.

“Kleenex, The Official Sponsor of Fishb8”


I was stopped the other day on the side of the marsh looking at a flat that was starting to flood in. Had a flyrod in the boat but it was in its case and we weren’t actually fishing. We were watching/waiting on the water. When the DNR agent stopped and asked for registration/safety gear he asked us what we were doing and told him “oh just looking for tails.” He then asked us for our licenses. I guess we could have argued semantics and that we actually weren’t fishing at the time, but if they really want to find a reason to ticket you, they will. Later on, it did bother me a little bit that I had to provide a license even though I wasn’t actively utilizing that privilege.

I do see both sides, but in the end its better to be safe than sorry. $10 is cheap to prevent a lengthy discussion/potential ticket. Courtesy goes a long way too. Be civil and explain what’s going on and they will likely give you the benefit of the doubt. Over the years 99% of my interaction with DNR has been positive.

Redfish Baron Extraordinaire

www.baturinphotography.com

My wife goes often with me and she almost never fishes, but I buy her a license anyway, just in case. She does crab some and I think that requires a license.

We live in GA but I’m happy to pay the state of SC $37.00 a year each for the non-resident licenses. I get plenty of benefit and enjoyment from their boat ramps, fish management and other stuff that the licenses help pay for. It’s a bargain.

quote:
Over the years 99% of my interaction with DNR has been positive.

Mine too, and when it wasn’t, it was my fault and not theirs.

Capt. Larry Teuton
Swamp Worshiper

quote:
Originally posted by 23Sailfish
quote:
Originally posted by pitviper0404

Will be hard for DNR to know whether they fished or not. Buy a liscense and be legal, you aren’t talking that much money compared to a possible ticket.

“Kleenex, The Official Sponsor of Fishb8”


I was stopped the other day on the side of the marsh looking at a flat that was starting to flood in. Had a flyrod in the boat but it was in its case and we weren’t actually fishing. We were watching/waiting on the water. When the DNR agent stopped and asked for registration/safety gear he asked us what we were doing and told him “oh just looking for tails.” He then asked us for our licenses. I guess we could have argued semantics and that we actually weren’t fishing at the time, but if they really want to find a reason to ticket you, they will. Later on, it did bother me a little bit that I had to provide a license even though I wasn’t actively utilizing that privilege.

I do see both sides, but in the end its better to be safe than sorry. $10 is cheap to prevent a lengthy discussion/potential ticket. Courtesy goes a long way too. Be civil and explain what’s going on and they will likely give you the benefit of the doubt. Over the years 99% of my interaction with DNR has been positive.

Redfish Baron Extraordinaire

www.baturinphotography.com


Ha, "looking for tails" with a fly rod in your possession and you are "not fishing"... I've heard it all now!!!

No officer, I am not hunting… I’m just looking at a nice buck

If I have rods in my boat when I have women on board bikini boating, does that mean I’m fishing?

This is sort of like the “Do I need a license tag on my boat trailer when I go to the Keys”…the best advice is to get one to avoid the hassle of possibly being pulled over. Same with the fishing license.

John

Pathfinder 23 HPS

quote:
Originally posted by Jerk Bait

If I have rods in my boat when I have women on board bikini boating, does that mean I’m fishing?


Let's be real. You couldn't get women in bikinis on your boat. This question is completely hypothetical

Ouch!

“Apathy is the Glove into Which Evil Slips It’s Hand”.

Nice try. Now answer my question.

quote:
Originally posted by Jerk Bait

Nice try. Now answer my question.


I already gave you the answer several posts ago. If the DNR agent decides that you are "fishing", then you are going to get a ticket... Yeah, yeah, I know you can hire a lawyer for $4000 and get out of the $125 dollar ticket, but I would just buy the $10 license. I've seen people get tickets before that were not actively engaged in fishing. The judge usually gives the speech like this, "Are you aware that this violation could carry a maximum fine of $425 and THIRTY DAYS IN JAIL? How would you like to plead?"... Sorry, I'm just paying the $10.

You tell me, if I am driving around in the woods with camo on as a fashion statement, and I have a gun in my truck, am I “hunting”?

Moral of the story. Doesn’t matter what skinneej thinks. Matters what the officer thinks…

If it’s a young officer and your chick looks good in a bikini, then he might keep his cool and let you go. If he’s having a bad day and he doesn’t like you, never know what could happen.

quote:
"Are you aware that this violation could carry a maximum fine of $425 and THIRTY DAYS IN JAIL? How would you like to plead?"...

The first time that I heard that, I was 16 years old and the ticket was for operating a boat without registration numbers. It was a new boat, a week old. The judge scared me so bad that I told him I wasn’t pleading anything until I talked with my Dad. (Was hoping he didn’t find out, oh well) Dad sent a lawyer to the courthouse and he said, boy, you’re guilty, just plead guilty and pay the fine, they won’t put you in jail.
If I remember correctly the fine was $25. In 1968. The lawyer cost more than the fine.

Buy a license for everybody. Everybody is enjoying the state resources. Consider it the price of admission. Jeez, the license is cheaper than beer and bait and gas for the day.

Capt. Larry Teuton
Swamp Worshiper

Just for the record, it’s a known FACT that a gamewarden named Ben Moise with SCDNR wrote a BLIND passenger a warning ticket because he was in the boat when 2 other gentleman were marsh hen hunting… Blind man was just along for the ride and did not have a firearm of his own… What does that tell you about the situation?

That being said, he was NOT wearing a bikini. Maybe there is some law that I don’t know about with some kind of bikini exemption.