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Bag limit
#2085532
03/18/08 10:42 PM
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Joined: Jul 2005
Posts: 344
Zsac Marine
OP
Angler
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OP
Angler
Joined: Jul 2005
Posts: 344 |
If you are fishing with 2 other people on your boat, and the bag limit is 3 fish per person (3 people x 3 fish = 9) for the day. The law man stops and checks fishing licenses, and your buddy doesen't have one or is expired, will the boat owner get a ticket for exceeding daily bag limit along with unlicensed fisherman recieving a ticket? Is it the responsibilty of the boat owner to "Card" each fisherman before he boards? What do you think?
![[Linked Image]](http://www.myfishingpictures.com/data/500/thumbs/DSCN1794.JPG) "90% of your life is controlled...by how you react...to the 10% you have no control over" Mike Carruthers
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Re: Bag limit
[Re: Zsac Marine]
#2085565
03/18/08 10:51 PM
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Joined: Feb 2007
Posts: 4,379
bassaholic022
TFF Team Angler
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TFF Team Angler
Joined: Feb 2007
Posts: 4,379 |
It should be up to the boat owner to make sure everyone aboard his boat is legal. Not really sure about the outcome on the tickets. But definitely the boat owners responsibility to make sure everyone is properly licensed.
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Re: Bag limit
[Re: bassaholic022]
#2085576
03/18/08 10:54 PM
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Joined: Sep 2005
Posts: 28,110
Uncle Zeek
aka "Mom"
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aka "Mom"
Joined: Sep 2005
Posts: 28,110 |
Only time I know of that the boat owner is responsible for such a thing is when they're a licensed guide or captain for hire. As a practical matter, the GW would most likely cite the unlicensed person & confiscate the 'illegal' fish.
Depending on the circumstances (attitude of the fishermen, etc), the GW might cite the boat owner for being over the legal limit, but I think that would be special circumstances.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate planning & tax attorney AND 07/02 FFL 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 mobile zac@artimlegal.com
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Re: Bag limit
[Re: Zsac Marine]
#2085760
03/18/08 11:45 PM
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Joined: Mar 2007
Posts: 809
Hopedale
Pro Angler
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Pro Angler
Joined: Mar 2007
Posts: 809 |
Good question.
Hope someone can give a real answer.
IMO the boat owner is not responsible for checking if people on the boat have a lic or not. And as for having the 3 extra fish, that ticket should go to the unlic fisherman.
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Re: Bag limit
[Re: Hopedale]
#2085812
03/18/08 11:55 PM
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Joined: Mar 2003
Posts: 14,237
SteveHummert
pawpaw
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pawpaw
Joined: Mar 2003
Posts: 14,237 |
First question: (1) were all three fishing? If so, then the person fishing without a license would get the ticket and the "extra" fish would be released assuming they were still alive. (2) if the one without a license was not actually fishing, then the boat owner would probably get the ticket for being over the limit. IMO
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Re: Bag limit
[Re: Hopedale]
#2085833
03/19/08 12:00 AM
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Joined: Mar 2002
Posts: 50,573
David Lee
Super Freak
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Super Freak
Joined: Mar 2002
Posts: 50,573 |
It is not my responsibility to check licenses of people fishing with me. If I know they do not have one they do not go with me. But I do not check. I am not their babysitter.
  Yes I did admit defeat. Good job back to back champion
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Re: Bag limit
[Re: David Lee]
#2085920
03/19/08 12:15 AM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
IMO: It is the boat Captain's responsibility to make sure that everything done with and on his boat is legal. I think this would extend to making sure everyone has a fishing license that is fishing.
I ask and remind everyone going fishing with me if they are licensed and if it's current. I don't want to get a reputation with the GW for having people fishing illegally from my boat. Seems like a quick way to assure yourself of a check every time you are on the water to me.
The GW has no way of knowing who caught the extra fish, but I bet that there is presidence for fining everyone on board. The unlicensed fisherman for no license, and both of the other legal fishermen for being over the bag limits.
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Re: Bag limit
[Re: Michial Thompson]
#2086445
03/19/08 07:45 AM
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Joined: Jul 2005
Posts: 344
Zsac Marine
OP
Angler
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OP
Angler
Joined: Jul 2005
Posts: 344 |
As far as determining if someone was fishing or not, in the outdoor guide, if the GW belives the person was fishing he could issue a ticket. Go to court a prove yourself innocent! Personally I am with David Lee, I should have to "Baby sit" the other people on the boat! IMO!!I would not take the extra fish, if I knew there was no license...What if the same situation happened while you were bank fishing? Now there is no "Captain" everyone would be of equal rank. Same result?
![[Linked Image]](http://www.myfishingpictures.com/data/500/thumbs/DSCN1794.JPG) "90% of your life is controlled...by how you react...to the 10% you have no control over" Mike Carruthers
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Re: Bag limit
[Re: Zsac Marine]
#2086461
03/19/08 08:40 AM
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Joined: Dec 2001
Posts: 11,643
Bob Smith
TFF Guru
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TFF Guru
Joined: Dec 2001
Posts: 11,643 |
The boat owner is not responsible for the other guy's license or his creel. The guy without the license will get the ticket for that and the illegal possession of fish (which will be confiscated or released if alive). 
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Re: Bag limit
[Re: Bob Smith]
#2086643
03/19/08 10:47 AM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
The boat owner is not responsible for the other guy's license or his creel. The guy without the license will get the ticket for that and the illegal possession of fish (which will be confiscated or released if alive). just keep believing that noone is ever responsible... someday you will find out just how responsible the owner/captain of the boat really is.
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Re: Bag limit
[Re: Zsac Marine]
#2086654
03/19/08 10:50 AM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
As far as determining if someone was fishing or not, in the outdoor guide, if the GW belives the person was fishing he could issue a ticket. Go to court a prove yourself innocent! Personally I am with David Lee, I should have to "Baby sit" the other people on the boat! IMO!!I would not take the extra fish, if I knew there was no license...What if the same situation happened while you were bank fishing? Now there is no "Captain" everyone would be of equal rank. Same result? On shore it would come down to who's stringer the fish were on. As long as he had his own stringer then it would be just him. If you were sharing a stringer with him your gettin the over limit ticket. This one I have seen twice now...
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Re: Bag limit
[Re: Michial Thompson]
#2086694
03/19/08 11:05 AM
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Joined: Feb 2004
Posts: 2,411
breambuster
Extreme Angler
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Extreme Angler
Joined: Feb 2004
Posts: 2,411 |
Once an angler reaches their daily bag limit, they are done for the day, but still may catch & release that particular species. No one may assist or help in filling the bag limit for anyone else...your fish, your limit, your responsibility. You may also catch other species that you do not have filled your daily bag limit on or that has none.
It is the responsibility of the individual that is fishing that they have the required licenses/stamps in order to legally fish and know all the regulations on that particular body of water and what may or may not be done or taken each day.
If the third person is not fishing and has not fished that day, the citations would go to the individuals that caught had over the limit of fish in possession at that time.
It makes no difference if you share a stringer or not, as long as the fish on the stringer is not above the daily bag limit, it is legal. Stringers don't come with names attached or a place for them, if the individual(s) that are placing fish on a stringer, ice chest, wire basket or what have you and they don't stop their partner or themselves once the daily bag limit has been reached, then that person is the one that will receive the ticket.
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Re: Bag limit
[Re: breambuster]
#2086708
03/19/08 11:11 AM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
SUUUUUUURE bream.....
Guess you should have argued my $275 ticket for being over the baglimit in this exact situation. As I have stated, I have seen this TWICE on shore. I was one of the two.
As the Judge said, it was your stringer and you claimed it to be yours. The GW did not witness anyone catching those fish, so they were in YOUR possession.
Trust me on this one, unless the other guy owns up to catching this fish your getting the ticket. And you likely to get the ticket either way if the GW is in a bad mood.
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Re: Bag limit
[Re: Michial Thompson]
#2086919
03/19/08 12:16 PM
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Joined: Feb 2004
Posts: 2,411
breambuster
Extreme Angler
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Extreme Angler
Joined: Feb 2004
Posts: 2,411 |
Only one that doesn't make sure they can identify THEIR fish would receive a ticket. Whether the fish are in or on any container, I mark the fish I catch by a means only I can identify them.
MT - sounds like you are not very responsible for your bag limit. Go figure...if you allowed it to happen, then you should be responsible for your own actions. Sounds like you got what you deserved.
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Re: Bag limit
[Re: breambuster]
#2086926
03/19/08 12:20 PM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
SUUUUUUUUUUUUUUUURE bream... just keep believing that....
GW's don't give a [censored] about your special mark... They will ticket you if you have too many fish, even if they belong to someone else...
The burden of proef is yours, and if your partner didn't have a license and is too much of a coward to own up to what he caught your going to be the one to go down...
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