Kerry, limits are based on possession, and as was said, as long as what’s in the possession of those in the boat doesn’t exceed the limit divided by the number of persons on the boat, you should be legal.
However, as far as culling, there’s also “intent” of the regs, and once you place a fish in the live well or a cooler, it’s in your possession as far as the regs are concerned. If you already have your limit, and intend to cull one, and the Game Warden was right there, potentially you could be cited for having fish over the limit if the extra fish is brought on board.
A few weeks ago, the Bassmaster Elites were fishing a tournament on Santee, and one of the competitors forgot what he had in the livewell, and ended up with an extra bass in the live well, one more than the limit allowed. He didn’t get caught, but technically, by the tournament rules and the legal regs, he was violating the rules. He turned himself in, and got a penalty as a result. Had he actually been checked by the DNR, again, he could have been cited. Potentially, had he not confessed to what he did, even though it was an honest mistake, and if it was later found out, he could have been disqualified completely, so he did the right thing.
Most Game Wardens I’ve ever met were reasonable. common sense folks. However, if you have a limit in your boat and continue to fish, it could be argued that as soon as you bring any additional fish into your boat, then you’re violating the legal limits. Most folks who continue to catch and release, or cull, do so right away. If it’s a delayed release, then again there is the potential for a different interpretation.
I recall reading one time, that DNR in FL were citing folks for removing fish from the water that were out of season. Apparently many were taking photo’s and posting them online, and the DNR used the posted photo’s as evidence that these people had out of season fish in their possession, even though the fish were released.
I remember the MD DN