Sale of regulated species by crew of headboat

snake 166

Can crew of federally licensed CFH vessel sell their catch of regulated species under a commercial products license?  Can passengers do same?   

Westwall01

What type of federal licensing? Is it a recreational trip or commercial trip? What species? Are the passengers licensed ? SPL? RS? Gulf Reef Fish Permit? Do they have allocations?

Xaf

I don't know if it is the same everywhere, but I believe that in Florida if it is a recreational trip no fish can be sold by crew or passengers.  There was a discussion a couple years ago where a couple guys argued that they could sell their fish caught on a head boat because they had Saltwater Product Licenses with Restricted Species endorsements.  As I said, if I remember correctly, the official response was that no fish caught on a recreational trip can be sold in Florida.

  

Yankee Capts

snake 166 said:

Can crew of federally licensed CFH vessel sell their catch of regulated species under a commercial products license?  Can passengers do same?   

What is 'CFH"

snake 166

Charter for Hire

abovebored

What species specifically?

Yankee Capts

If it is a rec trip than no. Passengers are never ever allowed to sell fish.

Pretty simple.

Greg

xenia

Fish caught under charter cannot be sold.  A charter vessel may sell fish caught while not under charter, but they would need the applicable federal permit for the targeted fishery, a Saltwater Products License, and for almost any species worth selling, a Restricted Species Endorsement.  In short, they would be a commercial fishing vessel and not a charter boat at this point.  This would allow them to sell their catch to a licensed wholesale dealer only.  In order to sell their catch at the dock, they would also need a Wholesale Dealer License in order to report the catch on a trip ticket, and a Retail License in order to sell to the public.  I suspect that these rules are seldom enforced since it appears some charter boats sell their fish at the dock.  Maybe.

conchydong

There is a loophole that some ARS catch share holders are exploiting where they take anglers out on the boat for "free" but they sell them back their catch  for a couple grand. Needs to be stopped.
https://r.search.yahoo.com/_ylt=AwrE1xXR._BcNB8ADwpXNyoA;_ylu=X3oDMTByZnU4cmNpBGNvbG8DYmYxBHBvcwM5BHZ0aWQDBHNlYwNzcg--/RV=2/RE=1559325778/RO=10/RU=https://www.circleh.org/red-snapper-fishing-galveston//RK=2/RS=bzaf6u0kUYymTpFE0eXvlAlZi2E-

dragon bait

xenia said:

Fish caught under charter cannot be sold.  A charter vessel may sell fish caught while not under charter, but they would need the applicable federal permit for the targeted fishery, a Saltwater Products License, and for almost any species worth selling, a Restricted Species Endorsement.  In short, they would be a commercial fishing vessel and not a charter boat at this point.  This would allow them to sell their catch to a licensed wholesale dealer only.  In order to sell their catch at the dock, they would also need a Wholesale Dealer License in order to report the catch on a trip ticket, and a Retail License in order to sell to the public.  I suspect that these rules are seldom enforced since it appears some charter boats sell their fish at the dock.  Maybe.

That is not entirely true some fish caught aboard a charter may be sold, although I do not know of any operations in Florida doing so

Tuna over 73″ are the boat’s property due to federal permitting.

Charters who land a Giant Tuna (over 73 inches) may receive 20% of the fish sale price up to the cost of the charter.

https://www.tunahunter.com/bluefin-tuna-charters/

xenia

Certain HMS (Highly Migratory Species) Permits allow the sale of fish, but those wouldn't apply here in south Florida.  When it comes to the species caught here, like grouper/snapper, kingfish, etc. it is illegal to sell catches made under charter.  As far as operations in Florida not doing so, I can drive you by a charter boat row with cleaning tables and scales set up to sell fish.  Are they selling catches made under charter, or are they buying fish from a wholesaler and selling them?  You tell me.

Snapperwhackerhard

In the south Atlantic a vessel that holds federal Charter/ head boat permit
( Dolphin/Wahoo,Snapper Grouper or Coastal migratory pelagic)  no crew member or passenger can sell regulated species, except for Cobia. In the Gulf of Mexico a vessel with CMP PERMIT operating as a for hire vessel can sell bag limits of king mackerel if they also have a federal Commercial king mackerel Permit. In Florida state waters all you need to sell regulated non IFQ species at bag limit or non commercial limits is a Saltwater Products Licence with a Restricted Species Endorsement. There is no language in Florida’s rules that prohibits a passenger or crew or weekend warrior from selling a recreational bag limit from someone who holds a Saltwater Products Licence with a Restricted Species Endorsement. 

snake 166

Thanks Snapperwhackerhard.  I raised this question after an acquaintence observed the crew of a headboat fishing for vermilion snapper.  They had a small crew of paying customers and so had free time to fish for themselves and I assumed sell their catch to make up for a reduced number of tips.  

Rich M

I'm sure there is more than you are telling - to just assume that mates are fishing to sell fish is a stretch.  Some of the crew on the west coast grunt boats will fish.  Folks will sell just about anything for a few bucks.  Maybe I'm the one who is being naive.

Some of the swordfish charters will sell the swordfish back at the docks and only give a portion of the meat to the paying charter.

Barrell

I dont believe you can sell anything to the public, only licensed dealer. no bars, no restaurants.

conchydong

snake 166 said:

Thanks Snapperwhackerhard.  I raised this question after an acquaintence observed the crew of a headboat fishing for vermilion snapper.  They had a small crew of paying customers and so had free time to fish for themselves and I assumed sell their catch to make up for a reduced number of tips.  

Did they go over the recreational limits? That is a important factor to your question.

Snapperwhackerhard

Barrell said:

I dont believe you can sell anything to the public, only licensed dealer. no bars, no restaurants.

You have a Saltwater Products Licence with or without a Restricted Species Endorsement 
depending on species you want sell. A wholesale license so that you can purchase harvested fish from your Saltwater Products Licence and then a retail license to sell to the public.  

Snapperwhackerhard

https://myfwc.com/media/9076/mfisbrch.pdf

check out # 15