OCT 3, 2017 - BLACK SEA BASS: FEDERAL REGULATIONS (and some points that may have to be addressed in the near future)

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OCT 3, 2017 - BLACK SEA BASS: FEDERAL REGULATIONS (and some points that may have to be addressed in the near future)

Postby EC NEWELLMAN » Tue Oct 03, 2017 9:39 am

I was sent this info (which I have posted before) on this issue since there is some confusion during this ridiculous closure of the fishery during this time of the calendar year.

Be advised of the highlighted area which I was told -

"NY Needs to do this…. Or better yet, All States in the Commission....."


Just passing this along....these were NOT my comments.
================================


§648.145 Black sea bass possession limit.


(a) During the recreational fishing season specified at §648.146, no person shall possess more than 15 black sea bass in, or harvested from, per trip the EEZ unless that person is the owner or operator of a fishing vessel issued a black sea bass moratorium permit, or is issued a black sea bass dealer permit.


Persons aboard a:

COMMERCIAL vessel

that is NOT ELIGIBLE for a BLACK SEA BASS MORATORIUM PERMIT

may not retain more than 15 black sea bass during the recreational fishing season
- specified at §648.146.

The owner, operator, and crew of a charter or party boat issued a black sea bass moratorium permit are subject to the possession limit when carrying passengers for hire or when carrying more than five crew members for a party boat, or more than three crew members for a charter boat. This possession limit may be adjusted pursuant to the procedures in §648.142.

(b) If whole black sea bass are processed into fillets, an authorized officer will convert the number of fillets to whole black sea bass at the place of landing by dividing fillet number by two. If black sea bass are filleted into a single (butterfly) fillet, such fillet shall be deemed to be from one whole black sea bass.

(c) Black sea bass harvested by vessels subject to the possession limit with more than one person aboard may be pooled in one or more containers. Compliance with the possession limit will be determined by dividing the number of black sea bass on board by the number of persons aboard, other than the captain and the crew.

If there is a violation of the possession limit on board a vessel

- carrying more than one person,

- the violation shall be deemed to have been committed by

- the owner and operator of the vessel.


(d) Owners or operators of otter trawl vessels issued a moratorium permit under §648.4(a)(7) and fishing with, or possessing on board, nets or pieces of net that do not meet the minimum mesh requirements specified in §648.144(a) and that are not stowed in accordance with §648.144(a)(4) may not retain more than 500 lb (226.8 kg) of black sea bass from January 1 through March 31, or more than 100 lb (45.4 kg) of black sea bass from April 1 through December 31. Black sea bass on board these vessels shall be stored so as to be readily available for inspection in a standard 100-lb (45.4-kg) tote.

[76 FR 60638, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 78 FR 37480, June 21, 2013; 79 FR 38265, July 7, 2014; 80 FR 25259, June 19, 2015]


§648.146 Black sea bass recreational fishing season.


Vessels that are not eligible for a moratorium permit under §648.4(a)(7), and fishermen subject to the possession limit specified in §648.145(a), may only possess black sea bass from:

May 15 through September 21, & October 22 through December 31,


unless this time period is adjusted pursuant to the procedures in §648.142.

[80 FR 25259, June 19, 2015]



§648.147 Black sea bass minimum fish sizes.


(a) Moratorium (commercially) permitted vessels.

The minimum size for black sea bass is 11 inches (27.94 cm) total length for all vessels issued a moratorium permit under §648.4(a)(7) that fish for, possess, land or retain black sea bass in or from U.S. waters of the western Atlantic Ocean from 35°15.3′ N. Lat., the latitude of Cape Hatteras Light, North Carolina, northward to the U.S.-Canadian border. The minimum size may be adjusted for commercial vessels pursuant to the procedures in §648.142.


(b) Party/Charter permitted vessels and recreational fishery participants.

The minimum fish size for black sea bass is 12.5 inches (31.75 cm) TL for all vessels that do not qualify for a moratorium permit, and for party boats holding a moratorium permit, if fishing with passengers for hire or carrying more than five crew members, and for charter boats holding a moratorium permit, if fishing with more than three crew members.

(c) The minimum size in this section applies to the whole fish or any part of a fish found in possession (e.g., fillets),

EXCEPT that

PARTY or CHARTER vessels

- possessing valid state permits authorizing filleting at sea

- may possess fillets smaller than the size specified 'IF'

- skin remains on the fillet and all other state requirements are met.


[76 FR 60638, Sept. 29, 2011]




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Re: OCT 3, 2017 - BLACK SEA BASS: FEDERAL REGULATIONS (and some points that may have to be addressed in the near future)

Postby captjoekingcod » Tue Oct 03, 2017 11:24 am

So to break it down, according to Federal Fisheries Law Enforcement, for-hire vessels fishing for Black SeaBass in federal waters...

1. Capt. & Crew CAN NOT possess SeaBass during a for hire trip, so in effect, a six passenger boat is breaking the law when Capt and deckhand add their fish to a common pooled container.

2. If you fillet SeaBass at sea, the fillets either have to be 12.5" long (the size of a whole legal BSB in federal waters) or, you must have a valid State fillet at sea permit (which NY doesn't have), and leave the skin on all of the fillets.

3. Any and all violations will be issued directly to the Capt.
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Re: OCT 3, 2017 - BLACK SEA BASS: FEDERAL REGULATIONS (and some points that may have to be addressed in the near future)

Postby R SONS » Tue Oct 03, 2017 12:51 pm

law is confusing enough , state , federal , eez , ezpass , would you mind a quick clarification of the law for recreational anglers , thanks
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Re: OCT 3, 2017 - BLACK SEA BASS: FEDERAL REGULATIONS (and some points that may have to be addressed in the near future)

Postby EC NEWELLMAN » Tue Oct 03, 2017 12:52 pm

Never let a crisis go to waste....


I believe this was sent to me due to the over-reaction from those in another state. People within the for-hire/rec. sector now going about eating their own.

Just makes you wonder Captain Joe....to answer your question....


==================

captjoekingcod » Tue Oct 03, 2017 11:24 am

So to break it down, according to Federal Fisheries Law Enforcement, for-hire vessels fishing for Black SeaBass in federal waters...

1. Capt. & Crew CAN NOT possess SeaBass during a for hire trip, so in effect, a six passenger boat is breaking the law when Capt and deckhand add their fish to a common pooled container.

2. If you fillet SeaBass at sea, the fillets either have to be 12.5" long (the size of a whole legal BSB in federal waters) or, you must have a valid State fillet at sea permit (which NY doesn't have), and leave the skin on all of the fillets.

3. Any and all violations will be issued directly to the Capt.

==================
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Re: OCT 3, 2017 - BLACK SEA BASS: FEDERAL REGULATIONS (and some points that may have to be addressed in the near future)

Postby SAILOR52006 » Tue Oct 03, 2017 5:50 pm

LAWYER JARGIN TO F**** FISHERMAN OVER AND GET SOME CAPITAL OUT OF THEM... COMPLETELY ABSURD. IT REALLY MAKES ME ASHAMED OF THE STATE AND FEDERAL GOV. ITS JUST NOT RIGHT :x
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