I need help understanding Commercial Regs

[Harry Klauber]

It seemed from the commentary on the original thread that the general consensus was disgust with the picture of 8 dead swordfish and the work of the Pamela B crew. I might be incorrect but I was always under the belief that you were not allowed to collect "for hire" fees in any form while using a commercial license to get around the recreational limits. Can anyone confirm this, and if it is correct would the captain and crew have not been in violation of one rule as they claimed buoy status under their permit yet said they were chartered when the fish were caught. It took awhile to catch Mark, and the other group from Haulover with the fish mounts. Maybe rustling a few branches might just drop something out of the trees.

[Jesslyn]

Harry if the boat in question "charters for hire" during the day a then goes out commercial fishing at night with the crew and not a hired charted, I believe they can then commercial fish without violation.

[Harry Klauber]

I might have been mistaken but I thought the original thread stated that they had a charter on board when the fish were caught but were legal because they possessed a buoy permit. I understand that you can use a vessel as a charter boat by day and a commercial boat at night but don't think you can mix the two and hide behind a commercial license when you are in a "for hire" status.

[Captain Ollie]

Recreational limits apply when a vessel is fishing for hire on a charter, regardless of the permits held by the vessel.

Also, a vessel engaged in commercial fishing may not have aboard species for which it does not have permits.

[Harry Klauber]

Originally Posted by Captain Ollie

Recreational limits apply when a vessel is fishing for hire on a charter, regardless of the permits held by the vessel.

Also, a vessel engaged in commercial fishing may not have aboard species for which it does not have permits.

Your first paragraph is what I always believed to be true. When on a "for hire" charter recreational limits apply. So if the Pamela B was "for hire" with a charter on board the night of the 8 swordfish slaughter then they were in fact in violation of the law. Correct?

[Disco Lady]

Originally Posted by Captain Ollie

Recreational limits apply when a vessel is fishing for hire on a charter, regardless of the permits held by the vessel.

Also, a vessel engaged in commercial fishing may not have aboard species for which it does not have permits.

CONO!!!!!!!

Saludos,DL,

[Bill Fisher]

I don't think I'm posting on here anymore...

[Captain Ollie]

Okay,......... now given what we know to be true about the regs......
Its kinda hard to come to any conclusions from a simple photograph.

Our system is based on innocent until proven guilty is it not?

All we have here is a picture of swords hung up in front of a charter boat. Which does, by the way, have a swordfish handgear permit. All that can be proven from this picture is poor handling of a perishable product. Those fish should have been cut, gutted, and iced at sea.

You can say what you want, but unless you can prove he was on a paid charter that night your point is moot.

There is no difference between this picture and the infinite quantity of others you can find with piles and piles of other species of fish on the docks.

Isn't that what photos are all about anyway?

Memories and bragging rights?

At least you'll have something to look at and get you through the day, at some point in the future, when your old, senile, and $hitting yourself while waiting to die at Century Village.

[Disco Lady]

COÑO!!!!!!!!!

[DIRTYFOOT2]

Where is this post w/ the eight swords a swinging? I can't find it

I found it looks like a pretty wasteful display. I'll let the lawyers sort out the legality of the scene, but if it were my catch I'd definately like to see it butchered and iced properly. I'm jealous. I've never had an eight swordfish day/night. I think the right thing to do would of been to grease a couple and head for the frozen drinks @ the bar. It is a mixed up signal thats been sent out. We're supposed to be catching the quota and all right??........

[Bluefin Runner]

Originally Posted by Captain Ollie

Okay,......... now given what we know to be true about the regs......
Its kinda hard to come to any conclusions from a simple photograph.

Our system is based on innocent until proven guilty is it not?

All we have here is a picture of swords hung up in front of a charter boat. Which does, by the way, have a swordfish handgear permit. All that can be proven from this picture is poor handling of a perishable product. Those fish should have been cut, gutted, and iced at sea.

You can say what you want, but unless you can prove he was on a paid charter that night your point is moot.

There is no difference between this picture and the infinite quantity of others you can find with piles and piles of other species of fish on the docks.

Isn't that what photos are all about anyway?

Memories and bragging rights?

At least you'll have something to look at and get you through the day, at some point in the future, when your old, senile, and $hitting yourself while waiting to die at Century Village.

I agree couldn't say it any better.. The end was pretty funny

[Jesslyn]

Originally Posted by Captain Ollie

All that can be proven from this picture is poor handling of a perishable product. Those fish should have been cut, gutted, and iced at sea..

I have been to the boat ramp a few times and have witnessed buoy fishermen comming in with fish on the deck and a herd of flys all over them. They apperently had been on the deck a long time and then were being loaded into a pickup truck with a box on the back that was full of ice. I guess they have to get the core temp down before they can sell them. What a shame. From what i could see there was more fish on the deck than ever could of fit into the small CC fish box and cooler that were on board.

[quack quack]

The charter boat headboat limit is 10 or 15 fish.

[The BEAST]

Wrong!

THe charter boat limit is 1 per person up to 6 boat max. Head boat is 1 per person up to 15 boat max.

RECREATIONAL SWORDFISH BAG
LIMIT
Effective July 9, 2007, vessels issued an HMS
Angling category permit may retain, possess, or
land no more than one North Atlantic swordfish
per person, up to four per vessel per trip.
Vessels issued an HMS CHB permit that are
charter vessels may retain, possess, or land no
more than one North Atlantic swordfish per
paying passenger, up to six per vessel per trip.
Vessels issued an HMS CHB permit that are
headboat vessels are similarly limited to no
more than one North Atlantic swordfish per
paying passenger, up to 15 per vessel per trip.
A charter boat means a vessel that is less than
100 gross tons (90.8 mt) that meets the
requirements of the USCG to carry six or fewer
passengers for hire. A headboat means a vessel
that holds a valid Certificate of Inspection
issued by the USCG to carry passengers for
hire.

[quack quack]

only partly wrong.

[Harry Klauber]

Eric,
Where is Jim partly wrong or partly right?