Consuming Fish on board

reel stamasreel stamas Posts: 6,153 Admiral
Is it (technically) legal to clean & eat a fish on board if that species is closed (or undersized or whatever might make it illegal to possess) ???
There should be NO Commercial Fishing for any fish species considered 'Over-fished' , 'Undergoing Overfishing' or Subject to Recreational Seasons, Limits, or Closures... Game Fish Status IS the Answer !!!

Replies

  • Salty Dawg44Salty Dawg44 Homosassa, FLPosts: 874 Officer
    Not legal to keep onboard for ANY reason.

    per FWC...."When a fish isn’t allowed to be harvested, it must immediately be returned to the water free, alive, and unharmed. However, if a fish is allowed to be taken at a certain size limit, it’s okay to temporarily possess it to measure it, as long as it is measured immediately after removing it from the water, and the fish is then immediately returned to the water free, alive, and unharmed if it is not a legal-size fish".

    MY WORST FEAR......THAT WHEN I DIE MY WIFE WILL SELL ALL MY BOATS & FISHING GEAR FOR WHAT I TOLD HER I PAID FOR IT.......

    I may not always agree with what you say,
    but I will always respect your right to be wrong!
  • EyesonuEyesonu Posts: 55 Deckhand
    Why would that be legal?


    Sent from my iPad using Tapatalk HD
  • Lobstercatcher229Lobstercatcher229 Posts: 4,843 Captain
    In a related question, since the fish must be kept in whole condition I am thinking that it is not legal to eat fish on the water even if they are of legal length.
  • ANUMBER1ANUMBER1 Posts: 8,970 Admiral
    In a related question, since the fish must be kept in whole condition I am thinking that it is not legal to eat fish on the water even if they are of legal length.
    There is a FAC for that too... Look it up.
    I am glad to only be a bird hunter with bird dogs...being a shooter or dog handler or whatever other niche exists to separate appears to generate far too much about which to worry.
  • IntheslotIntheslot Posts: 304 Deckhand
    Somewhere it says you can transport up to 2lbs per person of fish for consumption provided that you have the means to cook it on board, so there is a small exception.
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Not legal
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • ResinheadResinhead Posts: 9,278 Admiral
    Works great!

    52743-newport-box.jpg
  • LODI QUACKERLODI QUACKER Posts: 149 Deckhand
    Not legal


    WOW, great informative post.
  • fish_stixfish_stix Posts: 1,256 Officer
    He's just answering the question as posted. You can't eat an illegal fish whether on the water or at your home.
  • reel stamasreel stamas Posts: 6,153 Admiral
    Intheslot wrote: »
    Somewhere it says you can transport up to 2lbs per person of fish for consumption provided that you have the means to cook it on board, so there is a small exception.

    ^this^ ... my reason for the question...
    There should be NO Commercial Fishing for any fish species considered 'Over-fished' , 'Undergoing Overfishing' or Subject to Recreational Seasons, Limits, or Closures... Game Fish Status IS the Answer !!!
  • ANUMBER1ANUMBER1 Posts: 8,970 Admiral
    ^this^ ... my reason for the question...
    he answered your post...
    I am glad to only be a bird hunter with bird dogs...being a shooter or dog handler or whatever other niche exists to separate appears to generate far too much about which to worry.
  • reel stamasreel stamas Posts: 6,153 Admiral
    ANUMBER1 wrote: »
    he answered your post...
    Not really... That I already knew... My question was about- does cleaned fish 'legally' carried for consumption have to be 'legal to harvest' (& apparently it does, but I'm still not sure about that)
    i.e.- if you bring frozen fish that was caught legally & planned to thaw it & cook it when out of season how is that illegal ???
    There should be NO Commercial Fishing for any fish species considered 'Over-fished' , 'Undergoing Overfishing' or Subject to Recreational Seasons, Limits, or Closures... Game Fish Status IS the Answer !!!
  • Grady-ladyGrady-lady Posts: 5,264 Admiral
    Not really... That I already knew... My question was about- does cleaned fish 'legally' carried for consumption have to be 'legal to harvest' (& apparently it does, but I'm still not sure about that)
    i.e.- if you bring frozen fish that was caught legally & planned to thaw it & cook it when out of season how is that illegal ???

    The question was confusing...
    'clean and eat on board' gave the impression you meant 'caught at that time', not, 'I caught it in season but I'm eating it out of season'. Imho, it'd be a slow day if you were ticketed for on board grilling of thawed legally caught grouper filets in April, or thawed lobster tails in June, or thawed stone crab claws in September...but, I'm not a lawman. :)
    I find my peace out on the sand...Beside the sea, not beyond or behind. R.A. Britt

  • ANUMBER1ANUMBER1 Posts: 8,970 Admiral
    you did ask "clean and eat" so you got your answer.
    I am glad to only be a bird hunter with bird dogs...being a shooter or dog handler or whatever other niche exists to separate appears to generate far too much about which to worry.
  • reel stamasreel stamas Posts: 6,153 Admiral
    ANUMBER1 wrote: »
    you did ask "clean and eat" so you got your answer.

    I agree it's 2 different issues (& 2 different questions), sorry for the confusion...
    There should be NO Commercial Fishing for any fish species considered 'Over-fished' , 'Undergoing Overfishing' or Subject to Recreational Seasons, Limits, or Closures... Game Fish Status IS the Answer !!!
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Sorry about the short answer, just getting to the point.

    This was the info you were looking for.

    Note legal size and do not come back to dock with them.

    Also, be aware this is the answer for federal waters.

    Landing fish intact.
    The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore, as specified in this section.

    (a) The following must be maintained with head and fins intact: cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, except as specified for king mackerel in paragraph (g) of this section; dolphin and wahoo in or from the Atlantic EEZ; South Atlantic snapper-grouper in or from the South Atlantic EEZ, except as specified in paragraph (h) of this section; finfish in or from the Caribbean EEZ, except as specified in paragraphs (c) and (d) of this section; and finfish in or from the Gulf EEZ, except as specified in paragraphs (c) and (d) of this section. Such fish 151 may be eviscerated, gilled, and scaled, but must otherwise be maintained in a whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the requirements of paragraph (a) of this section.
    (d) In the Gulf EEZ or Caribbean EEZ:
    (1) Bait is exempt from the requirement to be maintained with head and fins intact. See § 622.31(n) regarding a prohibition on the use of Gulf reef fish as bait.
    (i) For the purpose of this paragraph (d)(1), “bait” means--
    (A) Packaged, headless fish fillets that have the skin attached and are frozen or refrigerated;
    (B) Headless fish fillets that
    have the skin attached and are held in brine; or (C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish or part thereof possessed in or landed from the Gulf EEZ or Caribbean EEZ that is subsequently sold or purchased as a finfish species, rather than as bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the harvesting vessel are exempt from the requirement to have head and fins intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.

    Read more: http://forums.floridasportsman.com/showthread.php?1599-Regulations#ixzz2cTZllN9f
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • Panhandler80Panhandler80 Posts: 7,869 Moderator
    So clean and eat is 1.5lb not 2.0, if I skimmed that right.
    "Whatcha doin' in my waters?"
  • ANUMBER1ANUMBER1 Posts: 8,970 Admiral
    yes
    I am glad to only be a bird hunter with bird dogs...being a shooter or dog handler or whatever other niche exists to separate appears to generate far too much about which to worry.
  • MedicMedic Posts: 2 Greenhorn
    I guess if you eat Sashimi you're out of luck.
  • GreyRiderGreyRider Posts: 61 Deckhand
    State of FLorida Law:

    68B-14.006 Other Prohibitions.
    (1) Possession of any fish in excess of any applicable bag limit or smaller than any minimum size limit established by this chapter by any person aboard a vessel fishing in state waters constitutes a violation of this chapter.
    (2) No person shall possess, transport, buy, sell, exchange or offer to buy, sell or exchange any fish harvested in violation of this chapter.
    (3) The prohibitions of this chapter apply as well to any and all persons operating a vessel in state waters, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.
    (4) All fish harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters pursuant to the requirements of this chapter shall be landed in a whole condition. The possession, while in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled or deboned is prohibited. Mere evisceration or “gutting” of fish, or mere removal of gills from fish, before landing is not prohibited. Preparation of fish for immediate consumption on board the vessel from which the fish were caught is not prohibited.
    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 2-1-90, 7-15-96, 12-31-98, Formerly 46-14.006.

    https://www.flrules.org/gateway/RuleNo.asp?title=REEF FISH&ID=68B-14.006
  • Hook in WaterHook in Water Posts: 6 Greenhorn
    Has anyone ever had their "Grill" checked to see what was cooken?
  • Roc N RolRoc N Rol Posts: 1,349 Officer
    Don't have a grill but I have had my cooler checked
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