Triple Tail in Federal Waters question

Kill N TimeKill N Time Posts: 467 Deckhand
Since triple tail is an unregulated species in federal waters on the East coast of Florida do you still have to abide by state waters bag and size limits for them if you catch them in federal waters and return to port through State waters?
«1

Replies

  • Roc N RolRoc N Rol Posts: 1,349 Officer
    No, any fish that have different federal regs than state regs can be brought back to shore through state water without a problem. Only thing is you have to go directly back to shore through state water and can't stop in state water and fish on the way.
  • Kill N TimeKill N Time Posts: 467 Deckhand
    Gotcha, thanks
  • Catalina26Catalina26 Posts: 231 Officer
    Completely wrong information! If there is no regulations in federal water state bag limits and size apply. Do not bring back more then two per person or less than 15in. You will receive a citation there is a state statue this applies to when I find it I'll post it
  • jimmy06jimmy06 Posts: 1,184 Officer
    easy way to find out the correct answer is to contact safmc
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    Catalina26 wrote: »
    Completely wrong information! If there is no regulations in federal water state bag limits and size apply. Do not bring back more then two per person or less than 15in. You will receive a citation there is a state statue this applies to when I find it I'll post it

    do you think there's a chance you can post that state statue up before the second coming, we're almost out of popcorn
  • Kill N TimeKill N Time Posts: 467 Deckhand
    I emailed the FWC and they responded and told me that you must follow the 2 per person 15" limit if you are in possession of triple tail anywhere in state waters even if they were caught in federal waters. The guy that emailed me back said they have certain transport regulations for certain species of fish which would allow you to transport more than your state limit through state waters back to port without stopping but that triple tail do not fall into this category and you must abide by state regulations if you are in possession of them in state waters even if you do not stop on your way to port. I asked him to provide me with a link to this information so that I can see it in writing. I will post the info when he provides it to me.
  • Kill N TimeKill N Time Posts: 467 Deckhand
    Heard back from FWC again and was told that the info that I first received is more than likely incorrect and more than likely you are allowed to transport fish such as triple tail, cobia and mangrove snapper that were caught under federal regulations in federal waters through state waters back to port as long as you do not stop in state waters. This has not been confirmed 100% yet and the FWC officer that I have been Emailing back and forth with said that it will take a few days to get 100% confirmation so I will report back when I get 100% confirmation on the correct regulation.
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    The laws are so confusing even they have trouble keeping up with them.
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    It is true that you can transport fish caught in federal water through state water with different regs it has been hashed out here many times there is one on this page down towards the bottom about Cobia and the different regs take a look

    http://forums.floridasportsman.com/showthread.php?178630-cobia-regulations-question
  • jimmy06jimmy06 Posts: 1,184 Officer
    Roc N Rol wrote: »
    It is true that you can transport fish caught in federal water through state water with different regs it has been hashed out here many times there is one on this page down towards the bottom about Cobia and the different regs take a look

    http://forums.floridasportsman.com/showthread.php?178630-cobia-regulations-question
    this is correct and confirmed with fwc and samfc but might be different for triple tail.
  • GreyRiderGreyRider Posts: 61 Deckhand
    State law, notice where it states Florida Waters. So if you catch them outside of state waters, comply with federal rules, and dont stop and fish while heading back that is legal. Either the state or federal officers have to prove venue.

    Law link:

    https://www.flrules.org/gateway/ChapterHome.asp?Chapter=68B-49
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    Thanks GreyRider for the clarification, I was sure what I posted was correct and that CATALINA26's information was completely wrong and could not back up what he posted
  • Kill N TimeKill N Time Posts: 467 Deckhand
    Thanks for the link and the clarification GreyRider. I have still not received an answer from the Email that I have sent to the FWC. Go call on knowing the regs Roc N Roll!
  • BD27BD27 Posts: 1,179 Officer
    I went through this with grouper , they were closed in state waters and open in federal . I lived in the Keys at the time . I called FWC and was told

    Have your rods stored , do not stop in state waters unless it is and emergency , DO NOT FISH IN STATE WATERS . If stopped immediately declare a federal limit . Follow these and you should be good to go
  • brianuf5220brianuf5220 Posts: 42 Greenhorn
    If I read this correctly, it says you cannot harvest or possess a TT that is less than 15".
    It also says you cannot harvest or possess on FL waters more than 2 TT.

    I think the or possess is the key.

    When it comes to spearing, it only says you cannot harvest (no reference to possess).

    I think you are limited to 2 person, they must be 15", but you can spear and bring if the spearing was done in Federal waters and you do not stop.
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    Looks like brianuf is correct with the possess as the key
  • Catalina26Catalina26 Posts: 231 Officer
    Re read 68B-49.002 which in regards to triple tail size and bag limits.. Like I said before I believe you are wrong and I'm sending this up the chain to clarify but as I read in the statute book it states specifically and I quote: " no person shall harvest IN or FROM state waters more than a total of 2 tripletail per day nor POSSESS while IN or ON state waters more than 2 such fish" which what I am going to get clarification on from both my agency (Fwc) and federal is the definition of FROM and ON in this rule. The way I interpret this is if you came FROM state waters to fish federal you may not kill more than 2 whether checked in federal or not. Also the ON wouldn't matter if your in direct transit or not just simply being ON state waters with more than allowed is a violation regardless where caught.
  • Catalina26Catalina26 Posts: 231 Officer
    And sorry for the delayed response me hours stink and haven't read the remaining posts til now first day I've had a break. Problem with this siught is you have no idea who your talking to and get the wrong information left and right. I'm not saying all FWC knows every question and with everyone's wrong interpretation of law being different it's hard to get a good answer. Roc N roll not saying you don't know your laws you may and I commend you for trying.. Fact is I see it all the time on here that people feed other people wrong information and on this I couldn't hold back.. Cause I deal souly in the port Canaveral and your statements above will not save you..
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    looking forward to the clarification you receive from your superiors greyrider is fwc also and says we are correct that we can harvest federal limits and transit through state waters without a problem
  • Catalina26Catalina26 Posts: 231 Officer
    Sounds good but like I said the statute reads IN or FROM. Yes grey rider is correct for the fact that you must establish federal waters but in this case it doesn't apply cause statute says from or In. I've yet to come across this case myself in the argument that has been raised but I have made this case with over the bag and it has stuck in the past. I deal with mainly the federal side which is what my position is being in the OPV program and run into this frequently and we were told to go with what I stated above and what statue reads. Not saying grey rider is this but we have Fwc that don't know salt regs as well as Fwc that don't know hunting regs so even asking Fwc can sometimes be conflicting information..
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    Catalina while you are at it check on cobia federal Regs are two per person with no Boat limit if I go out with three friends and we catch our federal limit of 2 per person can we come through state water with 8 in the Boat and 2 per man safely are we will we be violating state law of 1 per person and 6 per boat
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    my understanding is federal possession is different then state possession, federal is strictly possession if you possess it and federal water you are guilty of being over the limit no matter where you caught it, but if you catch it and federal water and if it is legal federal regs I believe you are allowed to transit through state water with your federal limit
  • Catalina26Catalina26 Posts: 231 Officer
    Roc N Rol wrote: »
    Catalina while you are at it check on cobia federal Regs are two per person with no Boat limit if I go out with three friends and we catch our federal limit of 2 per person can we come through state water with 8 in the Boat and 2 per man safely are we will we be violating state law of 1 per person and 6 per boat

    This is because cobia is FEDERALLY regulated also you are fine to transit through state waters without fishing in state waters as soon as you stop to fish you become state again.. The reason for the tripletail is under state statue is because it is not regulated by the Feds. Basically when it was written florida got with the Feds and said we will enforce this and put it in our regulations that joins the federal and state law with triple tail flounder sheepshead ect. Only time non regulated species that can be taken up to 100lbs per person is if it is both un regulated in state and federal.
  • Catalina26Catalina26 Posts: 231 Officer
    Let's take red snapper for instance. Red snapper is open year around in state and allowed 2 per person minimum of 20 inches. If stopped in state waters you are techniqually legal regardless where you caught it. If within the regs of course. But as soon as you go into federal waters with red snapper you become federal now If stopped doesn't matter where you caught them your in violation. This goes with what you said about POSSESSION.

    But because with cobia your returning from federal to state your legal as long as if/when checked in state waters they did not see or observe you fishing in state waters you are legal. Trust me conflicting regs are the most confusing and if it was my call I would love to see both federal and state regs the same so their isn't confusion..
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    ok so black fin tuna are not regulated in state or federal water so if we catch the black fin and federal water we are still limited to a hundred pound per person is this correct. I'm not trying to give you a hard time I try to know all I can about the regs basically I can barely afford to fish in a boat anymore I can't afford the fines if I go over the regs. all fines come out of my Fishing funds which is already depleted
  • Catalina26Catalina26 Posts: 231 Officer
    Feel free to pm me and I'll give you my work cell number and calm when you can and we can discuss this. Too much to type on my phone lol and it won't let me pm from my phone
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    and since you brought up red snapper have you heard anything in reference to a federal red snapper season this year for southeast federal water
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    After a conversation with Catalina yesterday it looks like we have to stay with the 2 fish over 15" state regs. Since they are not regulated in fed water state regs are written to only allow 2 fish per person in or on state water, with Cobia they are regulated by both state and federal so we can keep a legal federal limit and transit through state water with no problems. with a fish like Blackfin Tuna that is not regulated by state or federal we are still bound by state law of 2 fish or 100 pounds which ever is greater. It is so confusing and comes down to interpretation which can be different for whoever is interpreting it.
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    On a liter note I was at the cleaning table at Phil Foster cleaning some dolphin we had caught and while 3 fwc officers were looking over my shoulder I opened up the stomach of one that had a large lump only to find a 7" triple tail, now am I guilty of landing and possessing a undersized triple tail, at least it was in whole condition with head, tail and fins intact. I flipped it over the table into the water and a pelican scooped it up. No evidence left LOL
  • Kill N TimeKill N Time Posts: 467 Deckhand
    I just heard back from the guy that I have been Emailing at ask FWC on the MYFWC website and he said that there is nothing in their rules that discusses transit so in the case of tripletail (which is not regulated in federal waters) you can bring any tripletail harvested in federal waters (that are below the size limit or in excess of the state bag limit) to shore as long as you do not stop to fish in state waters on your return trip. If you are stopped in state waters (with fish that do not conform to the state waters limits) just explain that you caught the fish in federal waters and are returning directly to port and you will be fine. He said that he has sent this on to the FWC legal department and if hears anything different that he will let me know, but right now this is the best information that he has.

    Catalina26 - can you provide a link to the information that you stated about tripletail being under state statue and when it was written Florida got with the feds and said we will enforce this and put it in our regulations that joins the federal and state law with triple tail, flounder, sheepshead ect? That is a piece of information that I have not been able to find anywhere in writing. Thanks,
«1
Sign In or Register to comment.