Need real FWC guidance

cftsmoke

This may sound trivial but I don’t want to get cited even when trying to play by the rules.  And before anyone says “just do it, it’s a big ocean”, following the rules is the way our boat runs (a career in LE tends to make me live that way).  I have also been seeing a lot of LE all over out there which I am glad to see.  (Be safe out there gents).  Here goes:

If I am fishing offshore and catch a fish that will make good ceviche (family loves it), can I filet and make/eat the ceviche while still offshore?  I’ve read on fish app that most fish (with minimum size limits) must be landed with head/fins intact so that made me wonder.  I understand the need to prove the size of fish so if I kept the carcass am I ok?  The removal of filets obviously won’t change the LOA of the fish.

This week I called the FWC and, after plenty of “let me check” responses (they were very helpful, it’s just a weird question) I was advised not to do it.  I’ve seen it done by a couple guides in S. Fla but FWC said they may have different rules for guides.  

Can I get a definitive answer?  The brood was very hangry yesterday when I wouldn’t get to producing ceviche.  Almost had a mutiny. Thanks.

conchydong

The State doesn't seem to have any written information but the Feds allow you 1.5 pounds of fish per person in the US EEZ. I would think the Federal rule would apply in State waters but a Lawyer would need to interpret that. Look at 622.10(2) It does state that the vessel must have a way to "cook" said fish. Not sure if ceviche making is actually legally cooking the fish.
https://www.law.cornell.edu/cfr/text/50/622.10


I also think that you got some bad info from whoever you talked to at the FWC office. I never heard of different rules for fishing guides. Regulations are regulations.



 

voltman

 what Florida laws would you be violating if you ate ceviche from a fish you caught in federal waters?
 I think the violation would be when you bring the fish carcass into Florida waters.

Cracker23

I’m pretty sure daily bag and size limits apply to whatever you catch and eat offshore, whether in state or federal wayers

WetBandit

from what I've heard guides are generally doing that with unregulated species like lionfish or blackfin tuna.  Those fish can be used as cut bait offshore as well.  You wouldn't want to do it with fish that have a minimum size limit is how I understand it.

cftsmoke

Thanks folks.  I’ve put the question to u USF&W agent (not a marine guy) who has said he’ll get to the bottom of it for me. He agreed that since all of the marine LE units cross-designate, they all have to enforce the same rules.  He just thinks it will be better to get a good ruling....with a senior name attached.  Will advise how this goes.

watergator

conchydong said:

The State doesn't seem to have any written information but the Feds allow you 1.5 pounds of fish per person in the US EEZ. I would think the Federal rule would apply in State waters but a Lawyer would need to interpret that. Look at 622.10(2) It does state that the vessel must have a way to "cook" said fish. Not sure if ceviche making is actually legally cooking the fish.
https://www.law.cornell.edu/cfr/text/50/622.10


I also think that you got some bad info from whoever you talked to at the FWC office. I never heard of different rules for fishing guides. Regulations are regulations.



 

I don't have any court precedent for this, but I would argue that because c2 says that fish for consumption at sea are exempt from the head and tail rules that it could be argued that "cook" in (iii) means prepared for consumption

ANUMBER1

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stc1993

I've seen the headboats cook undersize fish.  I sure wanted a bite or 2.