Home Ask the Law!

Sale of regulated species by crew of headboat

snake 166snake 166 Posts: 101 Deckhand
Can crew of federally licensed CFH vessel sell their catch of regulated species under a commercial products license?  Can passengers do same?   

Replies

  • Westwall01Westwall01 Posts: 5,453 Admiral

    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?


  • XafXaf Posts: 1,091 Officer
    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 CaptsYankee Capts Posts: 973 Officer
    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 166snake 166 Posts: 101 Deckhand
    Charter for Hire
  • aboveboredabovebored Posts: 1,283 Officer
    What species specifically?
  • Yankee CaptsYankee Capts Posts: 973 Officer
    If it is a rec trip than no. Passengers are never ever allowed to sell fish.

    Pretty simple.

    Greg
  • xeniaxenia Posts: 697 Officer
    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.
  • conchydongconchydong Pompano BeachPosts: 6,209 Admiral
    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-

    “Everyone behaves badly--given the chance.”
    ― Ernest Hemingway

  • dragon baitdragon bait Posts: 8,453 Admiral
    edited May 2019 #10
    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/
  • xeniaxenia Posts: 697 Officer
    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.
  • SnapperwhackerhardSnapperwhackerhard Posts: 21 Deckhand
    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 166snake 166 Posts: 101 Deckhand
    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 MRich M Posts: 1,326 Officer
    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.
  • BarrellBarrell Posts: 1,250 Officer
    I dont believe you can sell anything to the public, only licensed dealer. no bars, no restaurants.
  • conchydongconchydong Pompano BeachPosts: 6,209 Admiral
    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.

    “Everyone behaves badly--given the chance.”
    ― Ernest Hemingway

  • SnapperwhackerhardSnapperwhackerhard Posts: 21 Deckhand
    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.  
Sign In or Register to comment.