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Old 07-10-2007, 01:13 PM
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Default Fishing federal waters with no license

I have been told that no license is need to fish federal water.

Question is

If you have been fishing inside federal waters and are going to bring your catch back into state water with no fishing license will you get a ticket for not having a license?

Thanks
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Old 07-10-2007, 01:17 PM
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Default Re: Fishing federal waters with no license

recreational fisherman are required to have the state lic to land your fed catch in that state.
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Old 07-10-2007, 01:26 PM
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Default Re: Fishing federal waters with no license

You need the license. This happened to me about a month ago. I fished in North Carolina and Federal waters in a NC fishing tournament. I docked the boat with the fish on board in NC. Then we went back to South Carolina with the fish on board and were ticketed for not having a SC fishing license. I think it is BS but what are you going to do.
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Old 07-10-2007, 01:30 PM
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Default RE: Fishing federal waters with no license

What is worse is that you can get fined or worse if the fish you land in state waters is prohibited (either under- or oversized or totally closed to landings in the state).

I am pretty sure that you do need a federal permit to target highly migratory species (HMS) in federal waters.

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Old 07-10-2007, 01:41 PM
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Default RE: Fishing federal waters with no license

Once you return to land, you can legally clean any fish you caught. So how does that work if you return to sea and continue to another state? I guess this is just one of those things that some lawmaker never really thought through. I was thinking that if you fished in federal waters without a license, you could just clean, cook, and eat your catch there legally. BUT, you can't even have fishing gear onboard without a license, so how would you get there to start with! Makes me want to work on making that "secret hatch" cooler I thought of making years ago!
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Old 07-10-2007, 01:55 PM
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Default Re: Fishing federal waters with no license

Contrary to popular belief there is NO Federal Fishing License. USFWS does not issue them because they don't exist. However, from whatever state in which you domicle, you are required to have a State Issued license.

I've been boarded enuf times to know those laws better than some of the gamecops who think they know them. We're on a foreign flagged vessel and we fish all the time off the fantail. Whatever we catch, we cook and consume. When we arrive in an American port, there's nothing left in our freezers.
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Old 07-10-2007, 02:03 PM
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Default Re: Fishing federal waters with no license

Whoa, whoa, and double whoa.

By federal permit, what are you referring to?

You only need federal permits if you are either a commercial fisherman or you are targeting certain palegic species such as shark, tuna, and swordfish. You don't need one for cod or mahi-mahi or any fish not on the list of covered species.

That permit is called the Highly Migratory Species permit (can be either rec or comm), and you can get it from www.nmfspermits.com online. It's only $28 for two years. It is issued by the NMFS (national marine fisheries service, a part of NOAA).

That HMS permit is required whether you are fishing in federal or state waters, as long as you are targeting those species.

State permits are usually general purpose fishing licenses, and you need one if you have a fish in state waters of a state that requires them. It doesn't matter what the fish is (even bait) or where you got it. It's a possession test.

They are completely separate permits. The C.G. will check and enforce the HMS permit if they stop you, and so will most state environmental cops. I think the fine for a bft without a permit is something like $10k, it's not worth the risk.
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Old 07-10-2007, 02:05 PM
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Default Re: Fishing federal waters with no license

Depends on the state you are traversing.

I know for a fact that in Alabama, you do not have to have an Alabama fishing license IF you fish outside of state waters. There is also no citation for having fish caught in Federal waters when making landfall or traversing Alabama waters if you have no Alabama license. (I have the email from the ADMR stating this and keep a copy in my captain's bag).

I also know that his is not the case in Florida, Louisiana or Mississippi. Those states are going to get your $$$ one way or the other.
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Old 07-10-2007, 03:15 PM
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Default Re: Fishing federal waters with no license

All vessels fishing in Federal waters are required to have an HMS permit, no matter whether, commercial,charter, or recreational. This does not cover Wahoo & Dolphin as they have another permit for those 2 species. I am not sure if the Dolphin/Wahoo is required for recreational boats or not, but hte HMS IS, for tunAS,SWORDS, & SHARKS. These permits have nothing to do with ant state laws either.
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Old 07-10-2007, 03:19 PM
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Default Re: Fishing federal waters with no license

Mississippi does not require a license whether landing with fish caught from federal waters or another state. I have had this conversation with DMR offices before. If you land fish in MS caught in AL or LA waters and posess a license from AL or LA then you fall under the creel/size limits for the state you caught them in as long as you do not stop and fish in MS waters. If landing from federal waters or if you fished in another state they must comply with MS creel/size but no MS license is required unless you stop and fish. Fishing/Harvesting is an act that is regulated by license. Posession is not the act of fishing/harvesting. Hope this helps.
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Old 07-10-2007, 03:34 PM
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Default Re: Fishing federal waters with no license

Not arguing, just wondering. If you come into Alabama State waters with fish (say snapper ) caught beyond the 3 mile limit. How do you convince the officer they were caught in federal water. Possession is in State Waters. I think the burden of proof would be on the one in possession. I'm thinking citation. I know Capt Dalton is a respected Capt from Alabama waters, but I wonder if other conservation officers would agree with the e-mail. I think state statue would over rule an e-mail
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Old 07-10-2007, 05:02 PM
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Default RE: Fishing federal waters with no license

funny this came up i just got a ticket a few weeks back in federal waters.i was 41 miles offshore and a FWC wrote me a short fish ticket.stll draging it out in court as the same weekend the sheriff of taylor county and 3 deputies got the same ticket.
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Old 07-10-2007, 05:39 PM
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Default Re: Fishing federal waters with no license

Quote:
Lex2006 - 7/10/2007 3:15 PM

All vessels fishing in Federal waters are required to have an HMS permit, no matter whether, commercial,charter, or recreational. This does not cover Wahoo & Dolphin as they have another permit for those 2 species. I am not sure if the Dolphin/Wahoo is required for recreational boats or not, but hte HMS IS, for tunAS,SWORDS, & SHARKS. These permits have nothing to do with ant state laws either.
That is if you fishing for HMS. If you are targeting flounder, sea bass, tog, or other non HMS then you follow the rules of the state where you will be returning.
You know, when you read a thread like this, it makes you realize that there is way too much government happening. I will live with it because I want to see our fish protected but man, it is dizzying.
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Old 07-10-2007, 05:46 PM
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Default RE: Fishing federal waters with no license

Quote:
tommyr904 - 7/10/2007 5:02 PM

funny this came up i just got a ticket a few weeks back in federal waters.i was 41 miles offshore and a FWC wrote me a short fish ticket.stll draging it out in court as the same weekend the sheriff of taylor county and 3 deputies got the same ticket.
They must have a better budget than the FWC guys in Pensacola. Ours don't have the money to pay for the gas it takes 41 mile out and back.

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Old 07-10-2007, 07:51 PM
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Default Re: Fishing federal waters with no license

ITs a grey area, but you are guilty unless you can prove your innocence, and its only ~$20 so whats the big deal. Kind of like having non-fishers on a boat with fishing tackle, they better have a license or be under 12 or they will be ticketed, even if no one has been observed fishing .

Now there is a time of yr in Fla where state snapper season is open but federal isnt. They use radar to watch vessels, anyone who strays outside of state water gets run down and checked. If they have any fish they are presumed guilty even if they did not fish at all in federal water.
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Old 07-10-2007, 08:53 PM
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Default Re: Fishing federal waters with no license

QUOTE]mbb - 7/10/2007 7:51 PM

Kind of like having non-fishers on a boat with fishing tackle, they better have a license or be under 12 or they will be ticketed, even if no one has been observed fishing .


Ahhhhhhhh come on now!!!!!!


That's like getting a ticket in my truck because I could speed or run a red light if I wanted too
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Water cop: Ah yes judge they had 2 fishing poles in the boat
and ...............................................I didn't see them fishing but they could have.


Judge: Dismissed


Water cop: But,,,,,,,,,,,,but awwwwww



You can not get a ticket for being able to fish without a license.

By the way I have Fl, Ga. and Sc. fresh and salt water license and thats a little more than $20 bucks..

Just wanted to ask the question. I never heard any info on it so I just had to ask.




.
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Old 07-10-2007, 09:23 PM
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Default Re: Fishing federal waters with no license

Fishing is not catching. Fishing is not reeling. Fishing is doing anything with the goal of catching of fish, whether intentionally or incidentally. If you are on a boat that has been fishing or is suspected of having been fishing, you are guilty of having fished, and had better have a license.

If the boat is fishing, whether you serve as a lookout, hand someone a bait, etc you have engaged in fishing. It is impossible to avoid it, so you are guilty.

I assure you they will ticket an unlicensed person.
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Old 07-10-2007, 09:47 PM
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Default RE: Fishing federal waters with no license

Quote:
tommyr904 - 7/10/2007 5:02 PM

funny this came up i just got a ticket a few weeks back in federal waters.i was 41 miles offshore and a FWC wrote me a short fish ticket.stll draging it out in court as the same weekend the sheriff of taylor county and 3 deputies got the same ticket.
dude, that isn't federal water. That is INTERNATIONAL water. If an FWC is a Florida state agency, I'd love to see how they claim jurisdiction.

The EEZ is only under the domain of the coast guard. Even cruise ships aren't subject to most US laws that far out (just environmental, economic, and security).

I guess it's possible the c.g. granted them some authority, but it would still be handled in federal court, not FLA.

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Old 07-10-2007, 09:54 PM
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Default Re: Fishing federal waters with no license

I confirm what Capt-Dalton says--I also have an E mail from Alabama saying I do not need an Alabama Fishing license since I must transit Alabama waters to get to my home on Perdido Bay---but I go ahead and buy both fresh and salt water Alabama licenses for both myself and my wife just to support their programs. I have never been stopped comming in Perdido pass, despite passing a number of Alabama Marine officers, with a Florida registered boat.

I have always had a state license where I would be bringing fish ashore. There is the risk of being caught--and the license is less expensive than the fine.
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Old 07-11-2007, 12:37 AM
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Default RE: Fishing federal waters with no license

Can anyone provide the link to get the HMS permit?

Thanks in advance...
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