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Spearfishing Regulations This area is for the topic of existing or proposed Spearfishing Regulations.

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Old 03-04-2010, 01:21 PM   #1
UaVaj
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Possession (Trick Question)

Please answer these 3 question in the proper format (number each response) so each answer it is easy to distinguish and understand. Feel free to give your rational.

(1) your answer
(2) your answer
(3) your answer
(4) any other comments you want to add


EXAMPLE 1
I get a week vacation (7 days).

Every day. I tow my boat from my house to the dock. Launch the boat. Go spearing. Catch my daily limit of 5 legal (12" plus) hog. Head back to the dock. Load the boat. Go home. Cook one of the hog for dinner and put 4 into the freezer. Sleep. Next day repeat.

At the end of the week. I have harvested 35 hog. Ate 7 hog. I have 28 hog in my freezer.

Is this unlawful to have 28 hog in my freezer?



EXAMPLE 2
Me and my buddies (two of us) go spearfishing. We are on the same boat.

My buddies is obviously the better shooter. At the end of the day I have managed to catches 2 hog. My buddies on the other hand catches 8 hog.

It is unlawful for my buddies shoot those 3 hog for me to fulfill my daily limit?



EXAMPLE 3
Me and my buddies (two of us) go spearfishing. We are on the same boat.

I get sea sick on the first swim without ever pulling the trigger.

It is unlawful for my buddies shoot my daily limit of 5 hog for me?

Last edited by UaVaj; 03-04-2010 at 01:40 PM.
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Old 03-04-2010, 01:38 PM   #2
Bill McIntyre
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Re: Posession (Trick Question)

I could answer those questions if you were in California, but you would probably be better off putting the questions in a Florida forum where the law might be different.

But just for the hell of it- we have a possession limit on lobster and abalone, and in the freezer counts as possession.

Rod and reel anglers out here are permitted to take "boat limits" meaning that someone else can take your limit as long as the total fish on the boat don't exceed the individual limit times the number of anglers. However, spearfishermen may not take boat limits.

But it could all be different in Florida.
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Old 03-04-2010, 02:00 PM   #3
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Re: Posession (Trick Question)

Quote:
Originally Posted by UaVaj View Post
Please answer these 3 question in the proper format (number each response) so each answer it is easy to distinguish and understand. Feel free to give your rational.

(1) your answer
(2) your answer
(3) your answer
(4) any other comments you want to add


EXAMPLE 1
I get a week vacation (7 days).

Every day. I tow my boat from my house to the dock. Launch the boat. Go spearing. Catch my daily limit of 5 legal (12" plus) hog. Head back to the dock. Load the boat. Go home. Cook one of the hog for dinner and put 4 into the freezer. Sleep. Next day repeat.

At the end of the week. I have harvested 35 hog. Ate 7 hog. I have 28 hog in my freezer.

Is this unlawful to have 28 hog in my freezer?



EXAMPLE 2
Me and my buddies (two of us) go spearfishing. We are on the same boat.

My buddies is obviously the better shooter. At the end of the day I have managed to catches 2 hog. My buddies on the other hand catches 8 hog.

It is unlawful for my buddies shoot those 3 hog for me to fulfill my daily limit?



EXAMPLE 3
Me and my buddies (two of us) go spearfishing. We are on the same boat.

I get sea sick on the first swim without ever pulling the trigger.

It is unlawful for my buddies shoot my daily limit of 5 hog for me?
In Florida, not sure about other states.

1) illegal to have more than 2 days limits in your posession, your freezer does count as posession.

2) illegal, you cannot shoot into another persons limit.

3) illegal, you cannot shoot into another persons limit.

4) the FWC is very clear about posession limits and actively participating in the harvest of fish, there are not boat limits, there are bag limits, some people think because the law is hard to enforce it doesn't have to be followed.
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Old 03-04-2010, 02:52 PM   #4
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Re: Posession (Trick Question)

Florida waters.

Jmiley is correct that you cannot take or possess other divers/spearers quota that they do not obtain themselves. As far as having more fish in your freezer than 2 days limit...I will disagree with that. I know that while transporting your fish/ lobster...you cannot exceed the 2 day limit. We dive all year round, and spear every weekend if possible. He is saying I can't have more than 2 days worth of fish in my freezer ?? I don't see that in the regs. If it's in the regs...please show me.

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Old 03-04-2010, 02:56 PM   #5
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Re: Posession (Trick Question)

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Florida waters.

Jmiley is correct that you cannot take or possess other divers/spearers quota that they do not obtain themselves. As far as having more fish in your freezer than 2 days limit...I will disagree with that. I know that while transporting your fish/ lobster...you cannot exceed the 2 day limit. We dive all year round, and spear every weekend if possible. He is saying I can't have more than 2 days worth of fish in my freezer ?? I don't see that in the regs. If it's in the regs...please show me.

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I agree

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Old 03-04-2010, 03:05 PM   #6
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Re: Posession (Trick Question)

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Originally Posted by seadogger View Post
Florida waters.

Jmiley is correct that you cannot take or possess other divers/spearers quota that they do not obtain themselves. As far as having more fish in your freezer than 2 days limit...I will disagree with that. I know that while transporting your fish/ lobster...you cannot exceed the 2 day limit. We dive all year round, and spear every weekend if possible. He is saying I can't have more than 2 days worth of fish in my freezer ?? I don't see that in the regs. If it's in the regs...please show me.

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Read the laws on posession limits, that is where it explains it, and in the freezer is posession.

I know many people do have more than 2 days limits of fish in their freezer and I doubt FWC is going to do searches of people freezer, but the law is clear (to me anyway) about posession limits.
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Old 03-04-2010, 05:04 PM   #7
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Re: Posession (Trick Question)

Bret is correct, you can not have more that 2 days limit in your 'possession' and that includes the freezer or anywhere. That was one of the charges issued to Dreifort when they found his freezer with more than a 1000 tails in the keys.

Now if you have a retailer/wholesaler dealer's license that would be a different set of rules on bag limits.

Somehow I keep thinking of the show 'COPS' and them breaking down your door screaming 'Show me your tails, show me the tails!!"
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Old 03-04-2010, 08:13 PM   #8
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Re: Posession (Trick Question)

how was this a "trick" question?
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Old 03-05-2010, 09:27 AM   #9
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Re: Posession (Trick Question)

So this means that if I spear 10 hogs and put them into the freezer with the 10 that I bought at the fish market, I am a criminal.
Maybe this only applies to fish with holes in them.
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Old 03-05-2010, 09:32 AM   #10
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Re: Posession (Trick Question)

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So this means that if I spear 10 hogs and put them into the freezer with the 10 that I bought at the fish market, I am a criminal.
Maybe this only applies to fish with holes in them.
If you have a receipt for the fish bought at h fish market, or it can easily be identified as coming from a commercial source you would be OK.

If your filets have holes in them, you need to learn how to shoot better.
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Old 03-05-2010, 10:15 AM   #11
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Re: Posession (Trick Question)

1) not illegal to shoot your day's limit, I didnt know until reading this thread that there was any restriction on total possession, why is the limit called a daily limit then? shouldn't it be the total possession limit?

2) illegal

3) illegal

it is all about the individual's limit, as Bill said, no boat limit for spearing. If you say you did that, that is a crime, without your confession or witnessing it, I can't imagine how they could prove that you broke the law though
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Old 03-05-2010, 10:19 AM   #12
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Re: Posession (Trick Question)

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If your filets have holes in them, you need to learn how to shoot better.
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Old 03-05-2010, 10:27 AM   #13
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Re: Posession (Trick Question)

From FWC

In general, the daily bag limits set by commission rule for saltwater fishing are for a calendar day (24 hour period from midnight to midnight). These limits are also possession limits. Therefore, it is illegal to possess more than one day’s bag limit "while in, on, or above the waters of the State or on any dock, pier, bridge, beach or other fishing site adjacent to such waters" with regard to most species.

Once you have caught and possess the bag limit for a species, you may not harvest any more of that species until the next 24 hour period. Thus it is illegal to take the catch to shore and then return to the sea to harvest another daily bag limit during the same calendar day.
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Old 03-05-2010, 11:07 AM   #14
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Re: Posession (Trick Question)

1) unlawful. It is unlawful to posses more than the limit. Example. In FL you are allowed to posses 2 days limit of lobster on land (except first day of season). On the water it is one days limit.
2) Unlawful. You can not shoot into another persons limit.
3) Unlawful. same as #2
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Old 03-05-2010, 11:52 AM   #15
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Re: Posession (Trick Question)

No. No. and No. I think as long as there's enough fishing licenses on board you're ok.

Or else we wouldn't be able to do this



What's the trick question?
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