Handguns
Subscribe
Home› Southeast General Fishing & The Outdoors
hubspooner
Posts: 38 Deckhand
Coast Guard Boarding off Palm Beach- Lacey Act
hubspooner
Posts: 38 Deckhand
Frequent reader... 1st time post. (hope I did this right!)
Thought I would share my experiece for those that travel to the Bahamas to fish.
Recently, I was returning from a Grand Cay Bahamas trip and was boarded by Coast Guard 40 miles off Palm Beach. Passed all requirements: safety, paperwork, etc.
Was asked if fish were aboard. Yes, was the answer. All fish onboard was snapper (demersal species -i.e. snapper) cleaned fillets in ziplocks and were actually frozen in a cooler. All fish had been caught in Bahamian waters in full compliance with Bahamian regulations. Without going into all the demersal fish Bahamian regs, basically Bahamain regs state 20 total fish OR 60 lbs. of demersal fish- which ever is greater.
Coast Guard apparently could not enforce the Florida Law to keep fish whole while onboard because these fish were caught in Bahamain waters. However, they said because the fish were cleaned they COULD POSSIBLY BE a voilation under the Lacey Act. For those not super familiar with the Lacey Act- it is a Federal law that deals with illegally importing wildlife, fish, and plants. I can't find any provisions under the Lacey Act that addresses my situation specifically. I asked the Coast Guard under what provision of the Lacey act am I in violation of- and they could not tell me.
After an hour of the boarding team calling back and forth between the Cutter and Ft. Lauderdale they were unsure if I was truly in violation and let me go with no violation. The kicker was, they said "next time keep your fish whole". Yet, they could not tell me if that is truly the law for fish that have been caught in Bahamian waters, in full compliance with Bahamian law.
I have written emails and called the Coast Guard and can not get any answers regarding this "possible" Lacey Act violation. Anybody have experience with this?:huh
Thought I would share my experiece for those that travel to the Bahamas to fish.
Recently, I was returning from a Grand Cay Bahamas trip and was boarded by Coast Guard 40 miles off Palm Beach. Passed all requirements: safety, paperwork, etc.
Was asked if fish were aboard. Yes, was the answer. All fish onboard was snapper (demersal species -i.e. snapper) cleaned fillets in ziplocks and were actually frozen in a cooler. All fish had been caught in Bahamian waters in full compliance with Bahamian regulations. Without going into all the demersal fish Bahamian regs, basically Bahamain regs state 20 total fish OR 60 lbs. of demersal fish- which ever is greater.
Coast Guard apparently could not enforce the Florida Law to keep fish whole while onboard because these fish were caught in Bahamain waters. However, they said because the fish were cleaned they COULD POSSIBLY BE a voilation under the Lacey Act. For those not super familiar with the Lacey Act- it is a Federal law that deals with illegally importing wildlife, fish, and plants. I can't find any provisions under the Lacey Act that addresses my situation specifically. I asked the Coast Guard under what provision of the Lacey act am I in violation of- and they could not tell me.
After an hour of the boarding team calling back and forth between the Cutter and Ft. Lauderdale they were unsure if I was truly in violation and let me go with no violation. The kicker was, they said "next time keep your fish whole". Yet, they could not tell me if that is truly the law for fish that have been caught in Bahamian waters, in full compliance with Bahamian law.
I have written emails and called the Coast Guard and can not get any answers regarding this "possible" Lacey Act violation. Anybody have experience with this?:huh
Replies
http://forums.floridasportsman.com/forumdisplay.php?6-Ask-the-Law!
"Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick
"All these forums, with barely any activity, are like a neglected old cemetery that no one visits anymore."- anonymouse
We were stopped a couple of weeks ago and I was asked 4 times if had any catch on board. Finally told the CG " We aren't that good".
I think the CG on board the cutter Bluefin need a refresher course.
They're pretty busy taking all manner of sensitivity training classes since Obama allowed homosexuals to openly serve in the ranks.
now that is **** funny. and probably true !
It's a pain the ****, but that's the way I've been told it has to be done.
CLICK HERE FOR FISH PIX
I wouldn't worry about it. Just carry on as usual. If push came to shove it wold be a Judge deciding if their was a violation, the Coasties wold only be issuing a citation and citations are wrongfully issued every day in all manners of law enforcement.
http://www.bahamas.com/bahamas/regulations-0
USA federal regulations allow snapper and grouper to be brought back from the Bahamas as filets:
(h) In the South Atlantic EEZ, snapper-grouper lawfully harvested in
Bahamian waters are exempt from the requirement that they be maintained
with head and fins intact, provided valid Bahamian fishing and cruising
permits are on board the vessel and the vessel is in transit through the
South Atlantic EEZ. For the purpose of this paragraph, a vessel is in
transit through the South Atlantic EEZ when it is on a direct and
continuous course through the South Atlantic EEZ and no one aboard the
vessel fishes in the EEZ.
As it has been documented again and again on this site, it is beyond anyone's capability to understand the moving target that Americas fisheries regulations with it's conflicts between federal and state rules are. No one could possibly know the entire contents of the Lacey act, nor any of the rules of those individual entities it encompasses, much less some 22 year old kid in a blue jump suit in an orange raft.
"Well Gary, the easiest way to look tall is to stand in a room full of short people." - Curtis Bostick
"All these forums, with barely any activity, are like a neglected old cemetery that no one visits anymore."- anonymouse
Going a step further, does anyone know if if you can bring conch back to the States? I have heard yes, as long as it is the Bahamian legal limit and you have the Bahamian fishing permit, and no that it falls under CITES and you need a special permit for it. I used to bring it back but am leary now.
“Everyone behaves badly--given the chance.”
― Ernest Hemingway
My father flies clients in sometimes and they almost always bring back cut fish, conch, lobster and have never had any trouble.
Now that's an intelligent post....and obviously addresses the problem. :rolleyes:
Never mind.. just read your profile... no explanation needed.
Eric
PLANE FISH N
It seems like ALL export of conch requires a CITES permit however, following the specific requirements makes it hard to confirm for sure. Either way, I think the CITES permit is $10 and would arguably make someone coming back by boat even more in conformance with the state regs.
I agree and 100% concur. I was boarding officer on countless number of these situations in the mid 90's and if there was Bahamian paperwork there, there were no issues. Sometimes it just takes a little common sense to figure it out.