Who In the Boat is Responsible for Undersized Possession??? - Page 3

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  1. #21
    Member GreyRider's Avatar
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    68B-14.006 Other Prohibitions.
    (1) Possession of any fish in excess of any applicable bag limit or smaller than any minimum size limit established by this chapter by any person aboard a vessel fishing in state waters constitutes a violation of this chapter.
    (2) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any fish harvested in violation of this chapter.
    (3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in state waters, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.
    (4) All fish harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters pursuant to the requirements of this chapter shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or “gutting” of fish, or mere removal of gills from fish, before landing is not prohibited. Preparation of fish for immediate consumption on board the vessel from which the fish were caught is not prohibited.
    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 7-15-96, 12-31-98, Formerly 46-14.006.


    https://www.flrules.org/gateway/Chap...Chapter=68B-14

  2. #22
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    Quote Originally Posted by (ex)lip-ripper View Post
    a cut & paste answer right off the FWC site

    WHY?????? if the person that actually commited a crime can't be identified,...... do you just ASSIGN guilt?

    this is a POSESSION charge,.... how do 4 people posess ONE fish?


    some times the BG is NOT charged due to LACK of PROOF,..... but it seems law enforcement is the judge and jury
    Well the Grouper Ferry didn't just drop the fish on the boat. Wouldn't it just be convenient if poachers could get out of all trouble by just saying "it's not mine" or "I didn't know", or my favorite "somebody gave it to me".

    Quote Originally Posted by (ex)lip-ripper View Post
    but it seems law enforcement is the judge and jury
    Really? Explain that one for us...

  3. #23
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    Quote Originally Posted by JaxOfishal View Post
    While I am enjoying the banter I have to end it. Mixitup you are missing something. Like NOAA posted above the FMP is no more, that is why they wonít be stopping you and havenít since 1999. The regulating agency on the water that now does that job plus numerous others is FWC (Florida Fish and Wildlife Commission). They, nor the former agencies have never been part of FDLE. As for your question about possession, the answer has been posted on here in several different post. If it can be determined(usually through an honest person), then the person who caught the fish gets the ticket. if not then the boat owner/captain gets it. There is also a joint possession law that can be applied.

    Sorry to run the fun Gary.
    Well thank you for the straight answer. I made a mistake by using the generic, old term "Marine Patrol" in my question. However, is that any reason for my question to be treated the way it was? I have not seen that kind of "ranking the new guy" since I have been in high school. Maybe those responders and their attaboy supporters are just juveniles too, but that does not seem to do well for how this forum is seen by newcomers like me or anyone else.

    I was just asking a reasonable question!

  4. #24
    Senior Member Gary S. Colecchio's Avatar
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    Know your regulations and the agencies enforcing them , govern your actions accordingly and you need not concern yourself with your hypothetical scenarios.

    In simpler terms, don't keep undersized or overlimit fish or hang around with people who do.
    "If I can't win, I won't play." - Doris Colecchio.

    "Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick

  5. #25
    Senior Member quatin's Avatar
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    Quote Originally Posted by mixitup View Post
    Well thank you for the straight answer. I made a mistake by using the generic, old term "Marine Patrol" in my question. However, is that any reason for my question to be treated the way it was? I have not seen that kind of "ranking the new guy" since I have been in high school. Maybe those responders and their attaboy supporters are just juveniles too, but that does not seem to do well for how this forum is seen by newcomers like me or anyone else.

    I was just asking a reasonable question!
    Gary does that to everyone, not just new guys. Don't take it personally if you want to hang around here.

  6. #26
    Senior Member Fish Haid's Avatar
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    Quote Originally Posted by (ex)lip-ripper View Post
    a cut & paste answer right off the FWC site

    WHY?????? if the person that actually commited a crime can't be identified,...... do you just ASSIGN guilt?

    this is a POSESSION charge,.... how do 4 people posess ONE fish?


    some times the BG is NOT charged due to LACK of PROOF,..... but it seems law enforcement is the judge and jury
    I thought you had a good point, until I thought about it. Who owns the cooler that they were in? Nobody admits to it? Then, who owns the boat? Impound the boat, pending further investigation. No charges need to be filed immediately. The investigation could take a year while they cut open all the decks to look for more contraband.
    Buy my OX66 Yamaha Parts: - CLEARANCE SALE!!!! http://forums.floridasportsman.com/s...13#post1704213

  7. #27
    Senior Member surfman's Avatar
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    Quote Originally Posted by (ex)lip-ripper View Post
    a cut & paste answer right off the FWC site

    WHY?????? if the person that actually commited a crime can't be identified,...... do you just ASSIGN guilt?

    this is a POSESSION charge,.... how do 4 people posess ONE fish?


    some times the BG is NOT charged due to LACK of PROOF,..... but it seems law enforcement is the judge and jury
    Humm, I wonder why such a response was made? The FWC is not the judge or jury they just handed out a citation based on what they find, it is up to the judge to hand down the sentence, if you donít like it or fell it is wrong you will get the opportunity to tell it to the judge.
    Tight Lines, Steve
    My posts are my opinion only.
    Quote Originally Posted by gill netter View Post
    COMMERCIAL FISHERMEN WILL BE HERE FOREVER. WE WILL CONTINUE TO WORK AROUND YOUR STUPID LAWS!!!!!!!!

  8. #28
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    Quote Originally Posted by quatin View Post
    Gary does that to everyone, not just new guys. Don't take it personally if you want to hang around here.
    nothin new there,.................. SOS

  9. #29
    Senior Member Gary S. Colecchio's Avatar
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    Aren't you the guy evading state registration fees by thinking that you can move your vehicles back and forth to another state every two weeks even though you claim Florida residency?

    Maybe we should inquire of the Florida Department of Revenue about that practice. But then again we may not have to because state law enforcement reads this site.
    "If I can't win, I won't play." - Doris Colecchio.

    "Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick

  10. #30
    Senior Member Capt M Brennan's Avatar
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    Quote Originally Posted by Gary S. Colecchio View Post
    Know your regulations and the agencies enforcing them , govern your actions accordingly and you need not concern yourself with your hypothetical scenarios.

    In simpler terms, don't keep undersized or overlimit fish or hang around with people who do.
    Well said.
    Captain Mike Brennan

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