# Sticky  Article - Legal Issues Boating Tarpon or Jewfish



## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

I'm not aware of any "regulation" that specifically prohibits boating, lip gaffing or any other presumed mishandling of tarpon, Goliath /Jewfish yes, tarpon no. So I would be interested to see the regulation in print. All I can find is recommendations for safe handling. 

That said I think additional education is a good thing, but I also think the other more intangible things like fighting them too long on light tackle or the potential for shark bites are big issues too. With Sharks especially, I think just fishing for them puts them at risk of being mortally wounded. I would even debate that the risk of them getting bit by a shark is as equal or greater than the other potential risks of fatality from handling, lip gaffing, etc. With light tackle you have a choice to break one off, but with sharks you don't always see them first. So what do we do, quit fishing for them? What about not boating the fish and having a shark munch him while you're reviving it boat side? Is the marine patrol/fwc cite you for catching too big a fish on too light of tackle or taking too long to get to boat side? Some of this just seems silly and unenforceable to me.

here's all I could find about tarpon regulations in the Fl administrative code:

68B-32.003 Tarpon Tags: Required for Possession; Report; Annual Issuance; Taxidermy; Limitation on Number of Tags Issued Annually; Limitation on Number of Tags Issued to Professional Fishing Guides.
(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. Within 5 days after the landing of a tagged tarpon, the person possessing it shall submit a form to the Commission (Form DMF-SL3200 (3-05), incorporated herein by reference) indicating the length, weight, and physical condition of the tarpon and the date and location where the fish was caught. Additional tags may be denied to any person or guide who fails to provide the required information.
(2) Tarpon tags are valid for the period beginning July 1 each year and continuing through June 30 of the following year or until used, whichever occurs first. Before August 15 of each year, each tax collector shall submit to the Commission all unused tags for the previous license year along with a written audit report as to the number of unused tags, on forms provided by the Commission (Form DMF-SL3210 (3-05), incorporated herein by reference). Tarpon tags are nontransferable, except for those distributed by professional fishing guides pursuant to subsection (5).
(3) Subsection (1) shall not apply to anyone who immediately returns a tarpon uninjured to the water at the place where the fish was caught. The prohibition of possession of an untagged tarpon in subsection (1) shall not apply to a taxidermist who removes the tag during the process of mounting a tarpon. The removed tag shall remain with the fish during any subsequent storage or shipment.
(4) In any license year, the total number of tarpon tags issued shall not exceed 2,500.
(5) Each professional fishing guide may purchase tarpon tags for subsequent transfer to individual customers; provided, however, that the total number of tags issued during any license year to professional fishing guides shall not exceed 1,250.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-30-88, Amended 11-1-89, 10-1-90, 12-4-91, 11-26-92, 11-29-93, 1-1-95, 1-1-96, 11-27-96, 11-12-97, 11-16-98, Formerly 46-32.003, Amended 3-1-05.

68B-32.004 Bag Limit and Gear Restriction.
(1) No person shall harvest more than two tarpon per day or possess more than two tarpon at any time while in or on the waters of the state.
(2) The harvest or attempted harvest of any tarpon in or from state waters by spearing, snagging, or snatch hooking is prohibited.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-98, Formerly 46-32.004, Amended 3-28-04, 3-1-05.

Some boca grande stuff.
http://myfwc.com/marine/Tarpon_brochure.pdf


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## tom_in_orl

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

I here what you are saying deerfly. I am always suspicious of the news outlets so I sent out the following since Office Don Holway was quoted in the article.

(Side Note: Please do not spam this guy with more email.......unless he does not respond  : )

From: Tom
Date: Jun 5, 2007 9:13 AM
Subject: Southwest News-Press Article Regarding Tarpon & Goliath
To: [email protected]

Hello Officer Holway,

I am contacting you in regards to the article, Angler rules for giant fish re-emphasized by Byron Stout,

http://www.news-press.com/apps/pbcs.dll/article?AID=/20070603/ENT20/706030429/1075

I would like to take a quick moment of your time to ask if the article is accurate and if FWC does intend to start contacting people posting pictures like the ones mentioned in the article on the Internet, in particular, fishing forums. Also where may I get a copy of the July edition of "Fishing Lines"? I took a look at the myfwc.com site but the last edition posted was January 2007. http://myfwc.com/Marine/lines.htm

Thank you for all of your hard work. Most of us wish there were more of you out there enforcing the existing regulations.


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## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

I'm an attorney and even I'm confused........

This was FWC's position a few months ago (which is now changing):

_Thank you for your recent inquiry to the Division of Marine Fisheries Management. The regulations for Goliath grouper only prohibit the “harvest, possession, or landing” of the species. There is nothing that prohibits one from targeting the species, nor is there a “harassment” provision in rule. "Harvest", means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive, and unharmed, are not considered to be harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine compliance with size requirements shall not constitute harvesting such fish, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if under/over sized or caught during a closed season. In regard to Goliath Grouper, because it is illegal to possess them, there is no reason to measure them and they should be returned to the water expeditiously. Please remember that the International Game Fish Association does not accept record information for prohibited species or species that are caught out of compliance with the regulations in Florida's state waters for the Florida Record.

Because targeting this species is potentially a Law Enforcement issue, we have consulted our Division of Law Enforcement on the matter. There have been several accounts of anglers with photos of Goliath Grouper and the legality of those situations is often questioned. It is advised that if a Goliath Grouper is caught, all attempts to release it alive and unharmed should be made. If a photograph is desired, one should be taken quickly, preferably with the fish still in the water or held to support its weight appropriately without piercing the gills, eyes or mouth. The hook should remain in the fish until the moment it is released. Should a FWC Law Enforcement Officer have reason to believe that the fish has been taken into possession, there may be complications. A violation may be determined at an Officer’s discretion as each law enforcement officer may assess the situation differently. Because this is a Law Enforcement issue, I would advise that you contact the nearest FWC Regional office for further clarification. FWC Regional office contact information may be found at http://myfwc.com/aboutus/regnoffc.html. _


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## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

The FWC Enforcement division has changed their mind regarding the definition of "harvest" and "possession". 


_The recent interest of anglers targeting goliath grouper has caused the FWC’s Division of Law Enforcement to examine its philosophy for enforcement of the goliath grouper regulations. Goliath grouper are a prohibited species; therefore the species receives greater protection to ensure its continued health. A portion of 68B-14.0036(2) (g) states “No person shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any Nassau grouper or goliath grouper.” One must next look at the definition of harvest under 68B-14.002(6) to clarify proper catch and release techniques for this prohibited species

“Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive and unharmed are not harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine compliance with the minimum size requirements shall not constitute harvesting such fish, provided that it is measured immediately after taking, and immediately returned to the water free, alive and unharmed.

Looking at the above definition of harvest, it states that fish immediately returned to the water free, alive, and unharmed are not harvested. The later part of the definition describes temporary possession for the purpose of measuring for compliance of size requirements. Since goliath groupers are prohibited there is no reason to measure the fish, except for scientific purposes. Because of this, the release of the fish must be immediate. Looking at the above definition again, the conclusion could be drawn that if a large goliath is brought on-board a vessel it is likely going to sustain some type of internal injury. The skeletal structure of large Goliath grouper cannot adequately support their weight out of the water without some type of damage. If a large goliath is brought on-board a vessel it is likely to sustain some form of internal injury. Thus, if the fish is harmed it could be considered harvested by definition. Removing smaller goliaths from the water to remove hooks is not necessarily a bad practice, but this process must be done with care, using proper fish handling techniques, as expeditiously as possible. The taking of photographs after removal of hooks and posing for pictures with goliaths is not considered an immediate release of the fish. 

The same philosophy described above should be applied to the catching and handling of any large species of fish, such as tarpon. The FWC will be implementing a significant educational element as part of this enforcement philosophy to discourage the “boating” of large goliaths for photo opportunities, as well as educating the public that the retention of smaller goliaths for photographs is not considered an immediate release. 

Law enforcement officers are encouraged to use their discretion and educate the public on this philosophy when dealing with goliath grouper. Officers will pursue penalties in egregious cases following an education period. Identifiable individuals who have posted pictures of inappropriately handled goliaths on various web forums and web pages may be contacted by law enforcement officers and investigators to educate them on the agency’s conservation philosophy. 

Understanding the importance of your contribution to marine resource management and conservation is vital to maintaining healthy fish stocks. You have a direct effect on the resource every time you go fishing. Adhering to fishing regulations means healthier fish populations. Good fisheries management means better fishing in the future!

_


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## brew1891

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

My speciality is criminal law, not administrative law, but if i had to venture and explanation at this this is what i'd point out:

_(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish._

Based on this BROAD statute, FWC would probably be within its rights to ticket a person for boating a tarpon if the tag was not attached as required. This is because the definition of "possess" and "take" are extremely broad, and picking up a tarpon and boating it would cause one to be in "possession" of the fish. Just as the FWC opinion stated: _In regard to Goliath Grouper, because it is illegal to possess them, there is no reason to measure them and they should be returned to the water expeditiously_. FWC can easily apply this same standard to Tarpon since it is illegal to possess a Tarpon WITHOUT the proper tag.

Everyone needs to remember that the FWC Enforcement Division guidelines to their officers are just that...guidelines. An administrative agency is free to alter the way it decides to enforce the statute as long as the statute declares the conduct illegal. The statute is what really matters. It seems to me that FWC may be taking a more literal approach to the statute to counteract what they perceive as a harm. Thus it seems FWC is mostly altering the guidelines for enforcement of the statute by their officers. 

As for the whole issue of scanning internet postings for violators that just seems far fetched, and difficult. FWC would most likely have to verify the photos were not altered by an expert, subpoena the web board or service provider for membership records, etc. A lot of work and resources that could be devoted to actually being out on the water and enforcing the rules. 

My .02


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## tom_in_orl

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

*A response and clarification was received. Three emails total. Also I am posting the email because to my knowledge all state communications are a matter of public record. I am not a lawyer so if I am incorrect someone please point it out and I will remove them.

1st Response*


---------- Forwarded message ----------
From: Holway, Don <[email protected]>
Date: Jun 5, 2007 11:05 AM
Subject: Goliath Article
To: tom
Cc: "Beaton, Rob" <[email protected]>, "Robson, Mark" <[email protected]>, "Jones, Julie (COL)" < [email protected]>

Tom:  The Fishing Lines regulation brochure is published twice annually, January and July.  The July 2007 edition will be going to the printers shortly and should be available in some time in July.  We will be posting the brochure on our website on July 2, 2007.  The Guideline for handling large fish for release will be included in the Fishing Lines brochure.  As the News Press article noted we want to take an educational approach and would hope that anglers will voluntarily comply with the guidance and the interpretation of what constitutes "possession" then take the proper precautions when handling large fish that can't be possessed, to make sure they have the best chance for survival.  As part of the educational approach, we will be contacting individuals who post pictures that depict activities that appear to be in violation of the law.  Our intent is to inform them of the potential violation and make them aware of how to legally catch and release these fish.  We will also be working with guides associations and associations like CCA to get the message out to their members.  Our officers in the field will also be educating fishers on the proper way to handle these fish and may use verbal or written warnings to document unlawful activity.  In obvious, egregious cases officers have the discretion to issue citations.  The bottom line is this:  We want to use the least amount of enforcement action necessary to gain compliance and we will be using all methods available to get the educational message out to the public.



Thanks for your interest in this issue.

Lieutenant Colonel Don Holway
Deputy Director, North Operations
Division of Law Enforcement
Florida Fish and Wildlife Conservation Commission


*Request for clarification by me.*

From: Tom 
Date: Jun 5, 2007 11:18 AM
Subject: Re: Goliath Article
To: "Holway, Don" <[email protected]>

Hello again and thank you for the quick reply.

One clarification. The article mentions both Tarpon and Goliath but when you responded you referred to it as a Goliath article. Will the FWC be "educating" those posting both types species or only Goliath?

Thank you,



*Response to request for clarification*

From: Holway, Don <[email protected]>
Date: Jun 5, 2007 11:22 AM
Subject: RE: Goliath Article
To: Tom 

The guidance applies to Tarpon as well, unless the fisher has a kill tag allowing possession.

Thanks, Don


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## iMacattack

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Can you make this topic a "sticky" topic... very good info expecially if it's going to change how we handle fish from a legal standpoint.

Chers
Jan


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## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Here is an example of the FWC monitoring the Florida Sportsman Forum and issuing a citation:

http://outdoorsbest.zeroforum.com/zerothread?id=479009


I guess we can expert more of the same, but based on the emails Tom received this seems to be more of an educational deal than it is the FWC going out and writing citations to everyone that posts a picture of a tarpon inside the boat.


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## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

"As the News Press article noted we want to take an educational approach and would hope that anglers will voluntarily comply with the guidance and the interpretation of what constitutes "possession" then take the proper precautions when handling large fish that can't be possessed, to make sure they have the best chance for survival."

interesting, since we're splitting hairs now regarding the legal definition or interpretation of "take" and/or "possession", I wonder what constitutes a "large" fish?


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> Here is an example of the FWC monitoring the Florida Sportsman Forum and issuing a citation:
> 
> http://outdoorsbest.zeroforum.com/zerothread?id=479009
> 
> 
> I guess we can expert more of the same, but based on the emails Tom received this seems to be more of an educational deal than it is the FWC going out and writing citations to everyone that posts a picture of a tarpon inside the boat.


I remember this story and while I credit the FWC for paying attention, IMHO it was a bad example.  To me this was kind of like driving in the middle of nowhere and coming to a stop light that was stuck on red at 2 AM. No one around except the cop hiding behind the sign when you decide to run the red after waiting 15 mins for it to change.  No harm but still illegal to run the red. :-/ :-/

This guy hunted without proper documentation only after attempts to obtain it failed.


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## brew1891

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Tom--Yes all state agency emails are public record. When I was an ASA this was even included in our training since these emails are sometimes requested under sunshine state laws. 


Deerfly--i dont really think FWC is splitting hairs in the definition. It really amounts to the fact they have now decided to actually start enforcing the "strict" meaning of the staute as written by the legislature. It would be pretty hard to argue to a judge that one does not possess a fish when its out of the water being held up in the boat for a picture. Whether such action by FWC is "right" or not is up to the citizens of the state to decide and press the legislature to alter the statute or press FWC to change the rule using its rulemaking authority.


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## brew1891

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

useful definition from Fl. Stat. 372.001(17) "Take" means taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater or saltwater fish, or their nests or eggs, by any means, whether or not such actions result in obtaining possession of such wildlife or freshwater or saltwater fish or their nests or eggs.


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> useful definition from Fl. Stat. 372.001(17) "Take" means taking, attempting to .... (or?) capturing ...... any wildlife or freshwater or saltwater fish.......... by any means, whether or not such actions result in obtaining possession of such wildlife or freshwater or saltwater fish .........


Attempting by means of hook and line (even CNR) could mean "Take"?  I know that's not the intent, but could the tree huggers take us there? :-?  Or did my edit take this legally out of context? :-/


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## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> Tom--Yes all state agency emails are public record. When I was an ASA this was even included in our training since these emails are sometimes requested under sunshine state laws.
> 
> 
> Deerfly--i dont really think FWC is splitting hairs in the definition. It really amounts to the fact they have now decided to actually start enforcing the "strict" meaning of the staute as written by the legislature. It would be pretty hard to argue to a judge that one does not possess a fish when its out of the water being held up in the boat for a picture. Whether such action by FWC is "right" or not is up to the citizens of the state to decide and press the legislature to alter the statute or press FWC to change the rule using its rulemaking authority.


I don't know brew, I'm no attorney and I've been around long enough to know ignorance is not a defense, but I think the wording that you describe as broad is equally vague and perhaps contradictory, especially for the lay person to comply. For example, where does the "release fish unharmed" come into play? Suppose I tell the judge I needed to boat the fish to dislodge the hook? But released the fish immediately and unharmed. I took the fish and possessed it long enough to remove the hook. So unless the court can prove the fish was is fact released harmed, then what law did I violate? Or the equally vague "large" characterization. If my 11yr old catches a 15lb tarpon, its very large to him. If I caught the same fish, its tiny. So where is the delineation and how is it determined, length or weight?

I genuinely applaud the effort to educate and increase protection to species at risk, which by the way are tarpon at risk? Heck, Goliath for that matter, I've never seen so many being caught for as long as I can remember. Plenty of tarpon being caught too. Anyway, seems to me they need they need to be more specific, like without a valid kill tag, you cannot remove a tarpon from the water for any reason. Leave no doubt to interpretation. I would even support a tarpon stamp too, like we have for snook to even pursue them without the intent of killing them. But still, a lot of this seems a bit dubious to me, might even have a tinge of PETA mentality in there somewhere.


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## gregT

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

The vagueness and broad terminology doesnt bother me as much as the "big brother" invasion of forums. You lawyers out there tell me, are forums where you have to register and be a member technically public?

I could be off on this but to me if I register and get approved for a forum then it would be private, correct? I mean you would be violating terms of service etc if you took a picture from one forum to the next, so why would using that picture against the person be any different?

And if it isnt where would it stop? I take a picture of a trout (similar to the pictures from our fishing reports section) and you can see my boat in the picture. Where would the line stop, could the coast guard come to my house and check my boat at home for the necessary safety items because they didnt see them in the picture?

I might have taken this a little off topic, but I am not a fan of this idea of researching in forums.


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## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

greg, you're not off topic, regardless of the specific legal interpretation, the whole thing opens up a can of worms, as well as the basis for some of these regulations in the first place. Not that we can change the statutes in place either, but there's no harm in discussing the ramifications and implications, etc.


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> greg, you're not off topic, regardless of the specific legal interpretation, the whole thing opens up a can of worms, as well as the basis for some of these regulations in the first place. Not that we can change the statutes in place either, but there's no harm in discussing the ramifications and implications, etc.


I agree and Greg brings up a good point.


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## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

[quote author=deerflylink=1181045622/0#14 date=1181068822]
For example, where does the "release fish unharmed" come into play? Suppose I tell the judge I needed to boat the fish to dislodge the hook? But released the fish immediately and unharmed. I took the fish and possessed it long enough to remove the hook. So unless the court can prove the fish was is fact released harmed, then what law did I violate? [/quote]


You're reading a little more into it, than is needed. Whether the fish is harmed does not really matter. The key word is "possess" or "harvest"

_(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. _

Prior to these new guidelines, FWC found that landing a fish, taking a picture and quickly releasing it was not within the definition of "possess" or "harvest". Now FWC is changing their guidelines to a more literal approach to the definitions of "harvest" and "possess". They're now saying there is no reason to boat the fish...take a picture with the fish still in the water and if you can't get the hook out, cut the line. The angler has no reason to measure the fish, so it has no business inside the boat or out of the water.


At least that's how I'm interpreting all of this.......... :-?


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> [quote author=deerflylink=1181045622/0#14 date=1181068822]
> For example, where does the "release fish unharmed" come into play? Suppose I tell the judge I needed to boat the fish to dislodge the hook? But released the fish immediately and unharmed. I took the fish and possessed it long enough to remove the hook. So unless the court can prove the fish was is fact released harmed, then what law did I violate?



You're reading a little more into it, than is needed.  Whether the fish is harmed does not really matter.  The key word is "possess" or "harvest"

_(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. _

Prior to these new guidelines, FWC found that landing a fish, taking a picture and quickly releasing it was not within the definition of "possess" or "harvest".  Now FWC is changing their guidelines to a more literal approach to the definitions of "harvest" and "possess".  They're now saying there is no reason to boat the fish...take a picture with the fish still in the water and if you can't get the hook out, cut the line.  The angler has no reason to measure the fish, so it has no business inside the boat or out of the water.


At least that's how I'm interpreting all of this.......... :-?




[/quote]

And you feel you can defend me on this?


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## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> And you feel you can defend me on this?



;D

It would take your new Gordon and then some to get me to appear in a criminal case. Brew should be able to help you out though.


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## beavis

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

I read on another forum about this and in terms of the removing the hook issue, the reply was to cut your line and the hook will eventually rust out. I don't think these geniuses have been paying attention to the newer hook materials. And yes things will eventually rust out but not as fast as they think while continually submerged under water.


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## brew1891

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> And you feel you can defend me on this?


i might even do it for costs only captnron...bet youve never heard that from an attorney


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## brew1891

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> [quote author=deerflylink=1181045622/0#14 date=1181068822]
> For example, where does the "release fish unharmed" come into play? Suppose I tell the judge I needed to boat the fish to dislodge the hook? But released the fish immediately and unharmed. I took the fish and possessed it long enough to remove the hook. So unless the court can prove the fish was is fact released harmed, then what law did I violate?



You're reading a little more into it, than is needed. Whether the fish is harmed does not really matter. The key word is "possess" or "harvest"

_(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. _

Prior to these new guidelines, FWC found that landing a fish, taking a picture and quickly releasing it was not within the definition of "possess" or "harvest". Now FWC is changing their guidelines to a more literal approach to the definitions of "harvest" and "possess". They're now saying there is no reason to boat the fish...take a picture with the fish still in the water and if you can't get the hook out, cut the line. The angler has no reason to measure the fish, so it has no business inside the boat or out of the water.


At least that's how I'm interpreting all of this.......... :-?




[/quote]


This is what i was trying to say...JRH just said it better...he must do a lot more legal writing than i do!


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> And you feel you can defend me on this?
> 
> 
> 
> 
> ;D
> 
> It would take your new Gordon and then some to get me to appear in a criminal case.  Brew should be able to help you out though.
Click to expand...

Yeah that's about what it cost me to defend myself every other time.   Good thing the court system is slower than the boat building business and I should have it in time for the retainer. ;D ;D ;D   OK, now that we have the fee set   I was interested if you were comfortable with the defense, hypothetical of course.


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## brew1891

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> The vagueness and broad terminology doesnt bother me as much as the "big brother" invasion of forums. You lawyers out there tell me, are forums where you have to register and be a member technically public?
> 
> I could be off on this but to me if I register and get approved for a forum then it would be private, correct? I mean you would be violating terms of service etc if you took a picture from one forum to the next, so why would using that picture against the person be any different?
> 
> And if it isnt where would it stop? I take a picture of a trout (similar to the pictures from our fishing reports section) and you can see my boat in the picture. Where would the line stop, could the coast guard come to my house and check my boat at home for the necessary safety items because they didnt see them in the picture?
> 
> I might have taken this a little off topic, but I am not a fan of this idea of researching in forums.



GregT this is a good issue. And everyone else is correct, this is a whole other can of worms! The 2 line answer is if you have your name/phone #/ and any other biographical information easily accessible on the forum law enforcement can use the info just like any other private citizen. Just like vice cops go on craigslist to find prostitutes and arrange a sting. To get the information from the service provider generally requires a subpoena unless the service provider voluntarily gives up the information...then you are pretty much screwed! While you may have a cause of action against the service provider im not sure it would be much of a defense in a criminal case but i havent researched this topic much.


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## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> [quote author=deerflylink=1181045622/0#14 date=1181068822]
> For example, where does the "release fish unharmed" come into play? Suppose I tell the judge I needed to boat the fish to dislodge the hook? But released the fish immediately and unharmed. I took the fish and possessed it long enough to remove the hook. So unless the court can prove the fish was is fact released harmed, then what law did I violate?



You're reading a little more into it, than is needed. Whether the fish is harmed does not really matter. The key word is "possess" or "harvest"

_(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. _

Prior to these new guidelines, FWC found that landing a fish, taking a picture and quickly releasing it was not within the definition of "possess" or "harvest". Now FWC is changing their guidelines to a more literal approach to the definitions of "harvest" and "possess". They're now saying there is no reason to boat the fish...take a picture with the fish still in the water and if you can't get the hook out, cut the line. The angler has no reason to measure the fish, so it has no business inside the boat or out of the water.


At least that's how I'm interpreting all of this.......... :-?




[/quote]

Jason, my long winded point was that more specifics needed to be addressed for tarpon, Goliath was already clearly established. Maybe I missed the latest or most recent revision by the FWC that made boating a tarpon without a kill tag for any reason is now illegal. That I think is clear enough. But none of this address mortality rates due to stress, sharks etc., which in my 40 or so years fishing for them I feel is as much or more of a factor than handling and boating them.


----------



## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

I guess the larger issue here is theres a guy that looks a lot like me on this forum that has clearly boated a tarpon or two recently. They are not particularly "large" tarpon, but who's to say how a jury of my peers might interpret this size classification. :-/ Also, I'm concerned that this guy might try to unfairly implicate me.  So Tom shred the evidence please.


----------



## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> I guess the larger issue here is theres a guy that looks a lot like me on this forum that has clearly boated a tarpon or two recently. They are not particularly "large" tarpon, but who's to say how a jury of my peers might interpret this size classification.  :-/ Also,  I'm concerned that this guy might try to unfairly implicate me.   So Tom shred the evidence please.


I saw that gut that looks just like you at the ramp again last week. Good thing you were at home working on your cabinets like your wife requested. 

Do we just need to purchase a "kill tag" to make this go away?


----------



## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> I was interested if you were comfortable with the defense, hypothetical of course.


I'm pretty comfortable in thinking that the odds are that if you are caught bringing a tarpon into the boat for a picture and then releasing it (whether you're caught on the water or by posting the picture on a forum), FWC is gonna give you a warning and educate you on why you shouldn't, rather than issue you a citation.

I'm going fishing in two weeks to the keys where I will spend a day or two targeting tarpon. If I happen to catch one on fly that's small enough for me to handle, I'm gonna bring it into the boat and take a picture and smile pretty. Will I post that picture on this forum? Not sure about that yet. 


If you are given a citation, arguing to the judge about the definition of "possession" will be a toss up.


----------



## tom_in_orl

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> The vagueness and broad terminology doesnt bother me as much as the "big brother" invasion of forums. You lawyers out there tell me, are forums where you have to register and be a member technically public?
> 
> I could be off on this but to me if I register and get approved for a forum then it would be private, correct? I mean you would be violating terms of service etc if you took a picture from one forum to the next, so why would using that picture against the person be any different?
> 
> And if it isnt where would it stop? I take a picture of a trout (similar to the pictures from our fishing reports section) and you can see my boat in the picture. Where would the line stop, could the coast guard come to my house and check my boat at home for the necessary safety items because they didnt see them in the picture?
> 
> I might have taken this a little off topic, but I am not a fan of this idea of researching in forums.
> 
> 
> 
> 
> GregT this is a good issue. And everyone else is correct, this is a whole other can of worms! The 2 line answer is if you have your name/phone #/ and any other biographical information easily accessible on the forum law enforcement can use the info just like any other private citizen. Just like vice cops go on craigslist to find prostitutes and arrange a sting. To get the information from the service provider generally requires a subpoena unless the service provider voluntarily gives up the information...then you are pretty much screwed! While you may have a cause of action against the service provider im not sure it would be much of a defense in a criminal case but i havent researched this topic much.
Click to expand...

As a data security professional I can tell you that the legal precedent has been set. The courts do not see simple forum registration like the type used here and on most fishing forums as establishing any expectations of privacy. Even if I write the user agreement to state that there are certain expectations of privacy or that a particular group of people are not allowed (such as law enforcement) it is not defendable in court unless I take additional measure to enforce these statements. To state it another way, any forum that allows for a user to self register with out an additional approval process may as well be considered 100% public information. One of the legal folks around here can search West Law and find the case.


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## sea-n-spots

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

I suppose it's time for Stooge #3 to chime in. JRH and brew pretty well covered the legal end of it, however pro-bono would have sounded better to me. I didn't have a ton of honey-do's yesterday, so I spent some time on the computer. Typed in "Tarpon Fishing in Fla." then went to every spot up the Gulf Coast to check "Guide Services". Google offered 15+ pages of sites. Started at Key West and went North,stopping at most of the hot spots that most of us would recognize. Ended at Big Bend. With the exception of a dozen and one, every site was full of photo galleries showing huge poon after poon shots of fish being boated for photo opps. Most were lipped w/gloves, but just as many were lip gaffed. Several sites even had galleries titled "Shark Attack". Another site posted 15 photos and all but 3 were plainly lip gaffed and boated for photo opps. I was not able to find a single fish w/a Kill tag. Seems they could have chosen a better word like Harvest. Even found a post that told a fisherman not to fish for tarpon where "sharks" are actively feeding on tarpon. "Sorry Dude" I musta missed the post by the sharks, alerting us to the area's that they would be actively feeding on tarpon at. ;D Bottom line is, I catch and handle fish with as much care as I can. We all want to do the right thing, myself included. Tarpon are not on the endangered species list, and if someone will put into place, a set of guidelines that is understandable pertaining to the catch and release of these large species, I will be the first to do everything I can to see that they do not get placed on that list. In the mean time, Tarpon season is here, I'm goin fishin. If by chance my 13yr. old daughter(fishing with me) is fortunate enough to hook-up and bring to boat, her first tarpon"There Will Be" photo's, even if only on the wall of my home......Sea-Ya !


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> .............. If by chance my 13yr. old daughter(fishing with me) is fortunate enough to hook-up and bring to boat, her first tarpon"There Will Be" photo's, even if only on the wall of my home......Sea-Ya !


I still not clear as to if we purchase a "kill tag" it will keep us clear of this.  We don't have to kill it but it would allow us to boat it and I'm still not sure boating is a bad idea since we have most likely alerted the sharks.  We have discussed if the fish is removed from the water breifly for the photo opt -,it might throw the sharks off enough to revive and release the Tarpon unharmed.


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## sea-n-spots

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Ron, I had to come back again because there are so many unanswered ?'s What about some solid stats on Tarpon mortality rates due to mis-handleing as opposed to (hot lunch for a big fish)? I understand the big fish out of water theory. Not a good comparison, but lets use my 3yr. old(good case study for why some animals eat thier young) Everything he does, he seems to be on a mission. So we try to remove the temptation. We never go fishing under-tackled, rite tool for the rite job. We always try to bring the fish to the boat ASAP and revive and release. As soon as a fish knows that he is hooked, he starts sending distress vibes. (Phone Call to the Sharks), Considering the size of the fish, could it be possible that by removing the fish from the water for just a few moments and then returning him, that we have removed the temptation for the shark(which way did he go?) I'm not sure, it's just an old crackers theory. Got some clinical proof that says I'm wrong? Would you rather release a fish that's 70% green because you got him to the boat ASAP, or do the MACHO thing and chase a 150# fish to Cuba for 2+hrs. on a 10wt. and then release him at less than 50% ? The math ain't hard to do. Keep in mind, sharks are opportunistic feeders. Being at boat side seems like a perfect opp. Had a 8-9ft. Bull shark eat one of his family members, almost out of my hands at boat side. I don't have the answers to all the ?'s But there sure are a ton of ?'s Let's hope that our children are fortunate enough to see,experience, and enjoy the great sporting resources of this great state.....Sea-Ya !


----------



## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> Ron, I had to come back again because there are so many unanswered ?'s What about some solid stats on Tarpon mortality rates due to mis-handleing as opposed to (hot lunch for a big fish)? I understand the big fish out of water theory. Not a good comparison, but lets use my 3yr. old(good case study for why some animals eat thier young) Everything he does, he seems to be on a mission. So we try to remove the temptation. We never go fishing under-tackled, rite tool for the rite job. We always try to bring the fish to the boat ASAP and revive and release. As soon as a fish knows that he is hooked, he starts sending distress vibes. (Phone Call to the Sharks), Considering the size of the fish, could it be possible that by removing the fish from the water for just a few moments and then returning him, that we have removed the temptation for the shark(which way did he go?) I'm not sure, it's just an old crackers theory. Got some clinical proof that says I'm wrong? Would you rather release a fish that's 70% green because you got him to the boat ASAP, or do the MACHO thing and chase a 150# fish to Cuba for 2+hrs. on a 10wt. and then release him at less than 50% ? The math ain't hard to do. Keep in mind, sharks are opportunistic feeders. Being at boat side seems like a perfect opp. Had a 8-9ft. Bull shark eat one of his family members, almost out of my hands at boat side. I don't have the answers to all the ?'s But there sure are a ton of ?'s Let's hope that our children are fortunate enough to see,experience, and enjoy the great sporting resources of this great state.....Sea-Ya !


We are on the same page and I have the same questions / concerns. Maybe we will just lay low for a while and cut the leader at the boat till this settles down. Too dangerious to lip a green fish approching my body weight ;D especially with natures preditors taking advantage of a golden oppertunity. We could fish for manatee now that they are off the endangered list.   Ever lip one? ;D ;D


----------



## sea-n-spots

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Yep, it kinda gave me this warm, fuzzy feeling all over. Then memory's of an old highschool flame,so I let go..... ;D


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

JRH, 

Still would like your insight for the "kill tag". Would it cover us for over 98% of issues that could be brought up? 

Let's just say we had a 30 lb'r at the boat and a shark came up to "claim" it. I would remove it from the water in this case and most likely would boat it and release it in another location that would allow the fish a chance. While this could be taken as "not legal" would the kill tag cover me?

Thx,
CR


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## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Ron, I think the reg states the tag needs to be affixed to the fish before its boated. So if you boated it before attaching the tag, you'd be in violation of taking or possessing. And the shark would be mad at you too.


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## JRH

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> Still would like your insight for the "kill tag". Would it cover us for over 98% of issues that could be brought up?



If you insert a kill tag in the fish, you can do whatever you want with it. Bring it in the boat, take a picture, release it, kill it, swing it around above your head, etc, etc. Once you insert the tag, the possession of the tarpon is now legal and the fish is yours to do what you wish. 

As Eric mentioned, you should attach the tag before you bring it in the boat to be completely safe. Also, you have to submit the form to the FWC within 5 days indicating the length, weight, and physical condition of the tarpon and the date and location where the fish was caught. 

It appear that you have to submit the form even if you release the fish. But I'm not sure about that.

- Jason


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> Still would like your insight for the "kill tag".  Would it cover us for over 98% of issues that could be brought up?
> 
> 
> 
> 
> .
> It appear that you have to submit the form even if you release the fish.  But I'm not sure about that.
> 
> - Jason
Click to expand...

I was hoping for "what fish?" and recycle the tag since it would be no harm no foul. Sounds like I'll be cutting the leader at the boat (if I'm so lucky).  

Thanks for response Jason.


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## tom_in_orl

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

If you take a good photo and make a big print then it might still be worth the cost of the tag. Think of it as a donation to the FWC ;D


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## Guest

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> If you take a good photo and make a big print then it might still be worth the cost of the tag. Think of it as a donation to the FWC  ;D


Or, if Jason doesn't get me out of the charge, I'll just learn to paint while serving my time and donate the "original prints" to the CCA.


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## iMacattack

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

How will this affect guides? Customers like pictures...


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## deerfly

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> How will this affect guides? Customers like pictures...


hmmm, I'll hazard a guess the FWC cares as much about that as the National Park Service cares about how the proposed changes in Flamingo will affect the guides.


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## sea-n-spots

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

This photo slipped into my e-mails today. Here's a look at the newest addition to FWC's stable. It's intended use will be confined to running down or over Tarpon Offenders for the sole purpose of enforcement.           I'm buyin a much bigger motor tomorrow...


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## swampfox

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

saw an episode of roland martin fishing for goliath and they had disclaimer on the screen saying it was filmed prior to june 2007. reminded me of those disclaimers they run at the beginning of those dirty movies ;D.


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## TomFL

*Re: Article - Legal Issues Boating Tarpon or Jewfi*

Sorry if I'm coming across as anti-FWC because that couldn't be further from the truth, (I vote for more officers and stricter penalties for repeat/flagrant offenders) but from all the stuff I've seen people get away with on the water/in the woods and never get a ticket, I'm of the impression a lot of these officers couldn't find a pair of t*ts in a strip club. Now they say they're gonna start checking forums and tracking down people? 

I think it'd be easier for them to just watch TV, seems every week there's a show about specifically targeting Jewfish and lip gaffing them/bringing them in the boat. I believe I just saw a show with Rick Murphy taking out Gov. Charlie Crist and doing this (although I can't specifically remember if they brought it in the boat or not).


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## litlblusrn4bigred

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> Sorry if I'm coming across as anti-FWC because that couldn't be further from the truth, (I vote for more officers and stricter penalties for repeat/flagrant offenders) but from all the stuff I've seen people get away with on the water/in the woods and never get a ticket, I'm of the impression a lot of these officers couldn't find a pair of t*ts in a strip club. Now they say they're gonna start checking forums and tracking down people?
> 
> I think it'd be easier for them to just watch TV, seems every week there's a show about specifically targeting Jewfish and lip gaffing them/bringing them in the boat. I believe I just saw a show with Rick Murphy taking out Gov. Charlie Crist and doing this (although I can't specifically remember if they brought it in the boat or not).


I saw that show and they did not bring the fish in the boat because I remember them talking about it (the whole law of not being able to take the fish out of the water). Do you really think that these shows would air anyone before the "date" that you were not suppose to take these fish out of the water. I think any, and every show would be very cautious of this. I have yet to see a show after the "date" show anyone taking a fish (tarpon or jew fish) out of the water,it would probably cause a lot of problems with that show. Especially when Charlie Christ is on the boat!!!


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## choppercity47

I've boated both since this, i thought my tarpon (FIRST ever) was a ladyfish   also thought my goliath was a Gag   i'm species illiterate and i need glasses. JK. Sounds like a law they won't ever enforce, just want people who follow the rules to save a few fishes lives. It'd dumb to bring in 150# tarpon and #300 jewfish into a boat. I've seen pics now where people jump in the water to take there photo with there catch. 

ps i've seen shows on sunsports where they boated tarpon prior and didnt adress it on the show, both tarpon bay tales and fishin the flats, all within the last month, old repeats, so old they gaffed the tarpon.


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## Frank_Sebastian

I was reading the Florida Sportsman Forum yesterday and came across a thread with a picture of a warsaw grouper that some said was a jewfish? It was on the "AskThe Law" section. I was surprised at how hard it was for people to tell them apart from a photo. I have handled a good many of both fish and thought it was a warsaw right off, but sometimes a photo can be misleading. Since some are so sure it was one or the other then I say publish a good clear picture of the various fish that are similar and make it available on the internet. Then those that fish where that may catch one could print it out.

Frank_S


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## Shallowfly

And here is how you mishandle a Tarpon. 

We were coming back to the ramp that day and saw this guy fighting the fish in the distance. Found this on U-Tube later.

http://www.youtube.com/watch?v=q2_fz_Yhcno


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## CatchBravo

Whats the fine?


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## B.Lee

Warsaw grouper:




























goliath grouper:


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## firewatercharter

Only thing I can find online (myfwc.com) is safe handling of tarpon. I catch a lot of juvi tarpon and they are fun to take pictures of. What I understand is, and it says plain and simple on the fwc site is that you can take a tarpon out of the water for a picture "quickly" then return it to the water safely. It never says you can not take a tarpon out of the water. I got in a huge argument with a friend on this. My understading is that you can take them out! Goliathes NO! This fish is protected. Tarpon and bonefish are alike (referring to tags and handling). People pull bonefish out of the water daily! They are not any different in respect to laws. If you want to kiss your tarpon when you catch, do so!


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## staiano94

*Re: Article - Legal Issues Boating Tarpon or Jewfi*



> This photo slipped into my e-mails today. Here's a look at the newest addition to FWC's stable. It's intended use will be confined to running down or over Tarpon Offenders for the sole purpose of enforcement.           I'm buyin a much bigger motor tomorrow...


Good one, I laughed out loud when I saw this!  [smiley=y-09.gif]


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## Alex4188

Not concerned with lawenforcement contacting me because of a photo they saw on the internet. If you are standing on the boat holding a jewfish with the time and date in the corner of the pic and sun shine sky way bridge in the back ground- yeah be worried. But the burden of proof is in the hands of the prosecution, prove when it was (statute of limitations) or prior to the reg, prove where it was international waters? Out of the U.S.? If you are not in the pic-"wasn't me" They would look pretty stupid in court with a picture from the internet of a jewfish on the deck of a boat when I can simply say it wasnt me and put atleast 10 issues of florida sportsman on the table showing boated tarpon and jewfish. I follow the regs for take and bag limits but if I want a pic of a fish that I catch then I'm getting the pic. We got checked the other day, FWC was infront of us in a pass 1/4 mile away and they flicked on the lights, we motored over to them Since we were on plane any way. all equipment was stowed and we are licensed but I don't agree with them asking to see our licenses. We were not fishing at the time and didnt have any fish on the boat. They have to witness the violation for a non felony. They only witnessed us driving a boat so a equipment check and registration check should have been the scope of that encounter. We gave them our fishing licenses and they were cool guys but it was an over reach of authority in my opinion. Some might say if you had the rods on the boat you had the intent, intent with out any further action is a thought. So they are going to lock some one up for thoughts now? Well start at the beach and lock up every guy along the entire coast because if there are bikini's around there are thoughts! ;D


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## Ajax1980

tom_in_orl said:


> Link Only Because of Restrictive Terms of Service
> 
> 
> 
> http://www.news-press.com/apps/pbcs.dll/article?AID=/20070603/ENT20/706030429/1075
> 
> 
> 
> This article claims that state and federal guidelines prohibiting the boating of Tarpon, with out $50 kill tag affixed to the fish, and any jewfish/goliath grouper is likely to be enforce more frequently in the future. The really interesting part is that the article claims that law enforcement may be contacting people posting pictures on Internet forums :-?


this could be good for the fishery.


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## John Stark

deerfly said:


> *Re: Article - Legal Issues Boating Tarpon or Jewfi*
> 
> I'm not aware of any "regulation" that specifically prohibits boating, lip gaffing or any other presumed mishandling of tarpon, Goliath /Jewfish yes, tarpon no. So I would be interested to see the regulation in print. All I can find is recommendations for safe handling.
> 
> That said I think additional education is a good thing, but I also think the other more intangible things like fighting them too long on light tackle or the potential for shark bites are big issues too. With Sharks especially, I think just fishing for them puts them at risk of being mortally wounded. I would even debate that the risk of them getting bit by a shark is as equal or greater than the other potential risks of fatality from handling, lip gaffing, etc. With light tackle you have a choice to break one off, but with sharks you don't always see them first. So what do we do, quit fishing for them? What about not boating the fish and having a shark munch him while you're reviving it boat side? Is the marine patrol/fwc cite you for catching too big a fish on too light of tackle or taking too long to get to boat side? Some of this just seems silly and unenforceable to me.
> 
> here's all I could find about tarpon regulations in the Fl administrative code:
> 
> 68B-32.003 Tarpon Tags: Required for Possession; Report; Annual Issuance; Taxidermy; Limitation on Number of Tags Issued Annually; Limitation on Number of Tags Issued to Professional Fishing Guides.
> (1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. Within 5 days after the landing of a tagged tarpon, the person possessing it shall submit a form to the Commission (Form DMF-SL3200 (3-05), incorporated herein by reference) indicating the length, weight, and physical condition of the tarpon and the date and location where the fish was caught. Additional tags may be denied to any person or guide who fails to provide the required information.
> (2) Tarpon tags are valid for the period beginning July 1 each year and continuing through June 30 of the following year or until used, whichever occurs first. Before August 15 of each year, each tax collector shall submit to the Commission all unused tags for the previous license year along with a written audit report as to the number of unused tags, on forms provided by the Commission (Form DMF-SL3210 (3-05), incorporated herein by reference). Tarpon tags are nontransferable, except for those distributed by professional fishing guides pursuant to subsection (5).
> (3) Subsection (1) shall not apply to anyone who immediately returns a tarpon uninjured to the water at the place where the fish was caught. The prohibition of possession of an untagged tarpon in subsection (1) shall not apply to a taxidermist who removes the tag during the process of mounting a tarpon. The removed tag shall remain with the fish during any subsequent storage or shipment.
> (4) In any license year, the total number of tarpon tags issued shall not exceed 2,500.
> (5) Each professional fishing guide may purchase tarpon tags for subsequent transfer to individual customers; provided, however, that the total number of tags issued during any license year to professional fishing guides shall not exceed 1,250.
> Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-30-88, Amended 11-1-89, 10-1-90, 12-4-91, 11-26-92, 11-29-93, 1-1-95, 1-1-96, 11-27-96, 11-12-97, 11-16-98, Formerly 46-32.003, Amended 3-1-05.
> 
> 68B-32.004 Bag Limit and Gear Restriction.
> (1) No person shall harvest more than two tarpon per day or possess more than two tarpon at any time while in or on the waters of the state.
> (2) The harvest or attempted harvest of any tarpon in or from state waters by spearing, snagging, or snatch hooking is prohibited.
> Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-98, Formerly 46-32.004, Amended 3-28-04, 3-1-05.
> 
> Some boca grande stuff.
> 
> 
> http://myfwc.com/marine/Tarpon_brochure.pdf


Tarpon in Boca grande get eaten almost every time they are caught ? Other areas are fine but not boca grande. Some off the biggest tarpon and sharks hang out in that deep current . This needs to be addressed by FWC?


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## Aitkenb1z

John Stark said:


> Tarpon in Boca grande get eaten almost every time they are caught ? Other areas are fine but not boca grande. Some off the biggest tarpon and sharks hang out in that deep current . This needs to be addressed by FWC?


Made that mistake once. Felt like shit for months. Decided I’ll never tarpon fish there again. Then it happened to me again in Islamorada. I haven’t fished for tarpon under a bridge or in an inlet since.


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## Aitkenb1z

John Stark said:


> Tarpon in Boca grande get eaten almost every time they are caught ? Other areas are fine but not boca grande. Some off the biggest tarpon and sharks hang out in that deep current . This needs to be addressed by FWC?


Made that mistake once. Felt like shit for months. Decided I’ll never tarpon fish there again. Then it happened to me again in Islamorada. I haven’t fished for tarpon under a bridge or in an inlet since.


----------

