BAG LIMIT VERSUS POSSESSION LIMIT

I POSTED THIS IN THE ASK THE LAW SECTION ALSO

I was having a conversation with a fellow fisherman the other day and this question came up. we know you can only have a 2 day bag limit in possession on a multiple day fishing trip. the question we have is what is the possession limit. if you go on multiple fishing trips can I only posses two days limit or am I aloud to posses in my own home more than 2 days limit we looked all through the FWC rules and could not find any thing except a 2 day possession limit. what is the actual possession limit if you fish regularly and freeze part of your catch.
The worst day of fishing is still better than the best day of work:\

Replies

  • Grouper GeniusGrouper Genius Posts: 1,205 Officer
    In your home?

    I would say it doesn't matter.

    The limits for possession are for on the water or landing I believe. If you go fishing every weekend and bring home your limit (or less)
    every time and the catch starts stacking up in your freezer, I would think no penalty.

    But then again, I'm no FWC officer.
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  • Grouper GeniusGrouper Genius Posts: 1,205 Officer
    In your home?

    I would say it doesn't matter.

    The limits for possession are for on the water or landing I believe. If you go fishing every weekend and bring home your limit (or less)
    every time and the catch starts stacking up in your freezer, I would think no penalty.

    But then again, I'm no FWC officer.

    With that being said though, if your talking mini season lobster, you might have some explaining to do if they stop you on US1 and you have 100 tails in your possession.
    2400 CC Sea Chaser-Yamaha F250-Bad **** Tower (SOLD)
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  • keylargo359keylargo359 Posts: 1,249 Officer
    NO I'm talking in your possession at home for multiple fishing trips not any thing to do with mini season. It said nothing in the rule book except 2 day possession ?
    The worst day of fishing is still better than the best day of work:\
  • Flight RiskFlight Risk Posts: 2,464 Captain
    NO I'm talking in your possession at home for multiple fishing trips.
    NO I'm talking in your possession at home for multiple fishing trips not any thing to do with mini season.
    if you go on multiple fishing trips can I only posses two days limit or am I aloud to posses in my own home more than 2 days limit we looked all through the FWC rules and could not find any thing except a 2 day possession limit. what is the actual possession limit if you fish regularly and freeze part of your catch.

    Sorry, but this caught my eye and I have a question.

    As it's been said here in another post, if you fish or catch lobster often you will probably have a good stash in your freezer at home.

    That being said, if I understand what you've written here:

    1. Who's business is it how much seafood you have in your freezer at home? :shrug
    2. Who in their right mind 'would allow' anyone (including law enforcement) to come into your home to check your freezer? :cookoo

    They better have a warrant...

    Pura Vida!
  • aboveboredabovebored Posts: 1,240 Officer
    I thought the "two day limit" allowance was only if you were on a multi day charter fishing trip, with a receipt for proof of time fishing. Please correct me if I'm mistaken.
  • Ron@.38 Special[email protected] Special Posts: 6,854 Admiral
    Limits are during transportation on the water or to and from the water. You can keep unlimited in your freezer.
  • KlingerKlinger Posts: 1,726 Captain
    Limits are during transportation on the water or to and from the water. You can keep unlimited in your freezer.

    This is true except lobster during mini season. I think the law reads that at the end of the first day you are allowed one bag limit in possession and day two you are allowed two limits. There is no possession limit stated for the regular season. Just make sure there are enough people to justify what's in the cooler or freezer when you leave the Keys during mini, as I have witnessed every boat leaving the Keys being pulled over & checked, & I have personally been pulled over on the Turnpike & checked (back when they had toll booths)
    In my many years, I have come to a conclusion that one useless man is a shame,two is a law firm, and three or more is a congress.-- John Adams
  • Flatwater witchFlatwater witch Posts: 598 Officer
    Limits are during transportation on the water or to and from the water. You can keep unlimited in your freezer.
    ^^^^
    THIS.

    Remember, people actually buy seafood from a vendor and transport it home also.
    Renagade69 wrote: »
    Either you are mechanically inclined ore your not. The fact you had to ask told me that you can not do it. Its ok, not every one has this ability. Some people just have to pay.
  • XafXaf Posts: 1,007 Officer
    According to FWC:

    Possession - FWC

    Overview
    In general, the daily bag limits set by Commission rule for saltwater fishing are for a calendar day (24-hour period from midnight to midnight). These limits are also possession limits. Therefore, it is illegal to possess more than one day's bag limit "while in, on or above the waters of the State or on any dock, pier, bridge, beach or other fishing site adjacent to such waters" with regard to most species.
    Once you have caught and possess the bag limit for a species, you may not harvest any more of that species until the next 24-hour period. Thus it is illegal to take the catch to shore and then return to the sea to harvest another daily bag limit during the same calendar day.
    Exception
    There is an exception that allows individuals to possess double the daily bag limit certain fish only when fishing from a headboat or charter boat on a trip that spans more than 24 hours and:
     The vessel has a sleeping berth for each passenger aboard the vessel;
     Each passenger possesses a receipt issued on behalf of the vessel that verifies the length of the trip.
    Species included in this exception include:
     snapper (gray, red, Atlantic vermilion, cubera)
     red grouper
     hogfish
     black sea bass
     red porgy
     amberjack (greater, lesser, banded rudderfish

    The possession limits for Spiny Lobster - off water is listed under rules for the Sport Season.
  • keylargo359keylargo359 Posts: 1,249 Officer
    Xaf wrote: »
    According to FWC:

    Possession - FWC

    Overview
    In general, the daily bag limits set by Commission rule for saltwater fishing are for a calendar day (24-hour period from midnight to midnight). These limits are also possession limits. Therefore, it is illegal to possess more than one day's bag limit "while in, on or above the waters of the State or on any dock, pier, bridge, beach or other fishing site adjacent to such waters" with regard to most species.
    Once you have caught and possess the bag limit for a species, you may not harvest any more of that species until the next 24-hour period. Thus it is illegal to take the catch to shore and then return to the sea to harvest another daily bag limit during the same calendar day.
    Exception
    There is an exception that allows individuals to possess double the daily bag limit certain fish only when fishing from a headboat or charter boat on a trip that spans more than 24 hours and:
     The vessel has a sleeping berth for each passenger aboard the vessel;
     Each passenger possesses a receipt issued on behalf of the vessel that verifies the length of the trip.
    Species included in this exception include:
     snapper (gray, red, Atlantic vermilion, cubera)
     red grouper
     hogfish
     black sea bass
     red porgy
     amberjack (greater, lesser, banded rudderfish

    The possession limits for Spiny Lobster - off water is listed under rules for the Sport Season.

    Thanks for the replies
    The worst day of fishing is still better than the best day of work:\
  • kmander3kmander3 Posts: 107 Officer
    It's always been my understanding that the reason they state two days is the possession limit and that alone, is because per the law that's all you can ever have (regardless of at your home or not). I know I've seen stories from up north where laws just like that are used to get people for having freezers full of fish. I have a friend who spends a lot of time up north chasing musky and walleye and they are very clear to this point.

    I think the key is as someone always stated. Show me a warrant if your going to enter my house.
  • XafXaf Posts: 1,007 Officer
    I do not understand the confusion on this issue. Every search I have done on "Possession Limits" states that it is the total number of fish or game that can be kept while, in the field, on or near the water, or in transit (from the field/water to your permanent residence). In most cases they also state that fish or game stored at your permanent residence for consumption do not count in possession limits.

    I hope that Jack Hexter, Sochoppy and Roc N Rol do not mind my reposting an FWC response to a similar question in another thread.

    Quote Originally Posted by Roc N Rol View Post
    Here is a letter from FWC that Sopchoppy posted in another thread that pertains to this subject.

    Thank you for contacting the Florida Fish and Wildlife Conservation Commission. The response to your concerns appears below.

    You may follow the link below to login and check the status of your account.

    Thank you for allowing us to be of service to you.
    Click here to visit the Ask FWC Web site.

    Subject
    Transporting cleaned and frozen fish
    Discussion Thread
    Response (DLE-JF) 04/22/2010 08:56 AM
    In general, the daily bag limits set by commission rule for saltwater fishing are for a calendar day (24 hour period from midnight to midnight). These limits are also possession limits. Therefore, it is illegal to possess more than one day’s bag limit "while in, on, or above the waters of the State or on any dock, pier, bridge, beach or other fishing site adjacent to such waters" with regard to most species.

    In Florida's fresh waters, a bag or creel limit is the number of fish an angler can harvest (keep) per day, with a two-day possession limit at a base camp, house boat, or when transporting prior to freezing.

    Things to keep in mind are: Once the fish are processed and placed in a freezer (not a cooler) at a residence (e.g., their permanent home, a mobile home or motel catering to anglers), they become a food product. From that point on there is no longer a limit on them. So for instance, if someone is fishing all winter and keeps processing their catch and adding fish to their freezer, then puts them on ice to transport someplace else, they can exceed the possession limit. Hopefully this clarifies the confusion you had about transporting. If you have further questions, please contact the Division of Freshwater Fisheries Management at 850-488-0331 or the Division of Marine Fisheries Management at 850-487-0554.

    Thank you,
    FWC Customer Service


    Read more: http://forums.floridasportsman.com/showthread.php?50823-Daily-bag-limit-vs-possession-limit#ixzz4FiDWV5Oy
  • cameron sleepcameron sleep Posts: 495 Deckhand
    Bob, that last post of yours makes everything else line up. When we store fish for campground fish fries, we chunk it into portions for cooking. How would anyone ever identify what species or number of fish you had in the freezer? It would be a laugh watching them DNA testing 600 chunks of assorted fish. Going across the border, we have a limit of how much meat or fish, per person, but it is pretty generous.
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