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Charter boats and striper regs.

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  • Charter boats and striper regs.

    Over on the CBKA facebook page A charter Captain posted an ad for charters. In the photo were 4 fishermen but the photo was clearly showing 9 striped bass. I queried him as to the legality of the extra fish. His response was it wasn't illegal as the regs are two for the fishermen and 1 for the boat. I mentioned I had never in any of the regulations for striped bass have seen that. So Ryan S Tenburg admin jumps in and states he doesn't know for sure but has been on a number of charters and that is how it has always been. I replied just because something has always been doesn't make it legal. Ryan then jumped back in stating it has to be so because that's the way it's always been otherwise why would he risk his license. Then the Captain jumps back in and states it's in 08 spring regs and 09 summer regs. Since, Ryan S Tenburg has deleted the entire conversation. So my query to this group is, here is the Comar regs for Spring http://www.dsd.state.md.us/comar/com...8.02.15.08.htm
    and for summer fall http://www.dsd.state.md.us/comar/com...8.02.15.09.htm

    Does anyone read anywhere in these for a charter boat the fishermen can catch their limit and one for the boat?

    Had the captain stated he caught the fish I wouldn't have a problem with it but at no time in our conversation did he say he caught it. This is not the first time I have seen charter boat photos with more stripers then the fishermen pictured. There was a posting from our members complaining a charter boat chased them off their fishing spot and on the charter boat site was the same, more stripers then fishermen. If this is supposedly ok for charters then why can't we catch the limit for ourselves and one for our boats?

    If some reads differently please let me know as I just don't read what the captain stated anywhere.

    Personally due to Ryan S Tenburg's handling of this by siding with a charter boat, when admittedly he wasn't sure of the regs, I want nothing further to do with the CBKA.
    Last edited by Oldbayrunner; 09-02-2018, 08:48 AM.

  • #2
    Only thing I can say is that if there are four people fishing and two crew and there is four extra fish they can always claim that the crew caught them. Unless DNR observes otherwise. To me it’s a tactic to help keep them fishing longer and to give them a chance a larger fish.


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    • #3
      I have always been told that on charter boats the "boat" is allowed one. I too have questioned this years ago and was told the same thing. Also it doesn't matter who catches it for the "boat".
      2017 Hobie PA14

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      • #4
        You should look up the regulations governing charter boat operation in the bay.


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        • #5
          In the time I have worked on the Charter Boat, the understanding has always been 2 per angler (boat total, really) plus "one for the boat."
          We have been inspected numerous times by the DNR and they have never had an issue with that.

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          • #6
            I can see the “one for the boat” seeing as a lot do two runs a day


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            • #7
              Originally posted by Worrptangl View Post
              You should look up the regulations governing charter boat operation in the bay.


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              That's why I posted the Comar Regs links... That is the law for both Recreational & Charter boats. I'll ask my DNR buddies.

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              • #8
                I’m not smart enough on the topic for the “and one for the boat” debate, but I do know you can’t posses more than two fish. If the plus one goes with a client then they are in violation of DNR regulations.
                Mike
                Pro Angler 14 "The Grand Wazoo"

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                • #9
                  Originally posted by Big Mike View Post
                  I’m not smart enough on the topic for the “and one for the boat” debate, but I do know you can’t posses more than two fish. If the plus one goes with a client then they are in violation of DNR regulations.
                  That's my contention... If the fishermen each caught their limit then the 3rd and any subseguent fish caught by them has to be released just as with us. There is no one for the boat rule that I can find anywhere. I know it would be hard to enforce but by asking the right question(s) it could be discovered who caught what.

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                  • #10
                    Yeah ......... it is 1 for the boat. Usually the limit is looked at as a limit for the boat that they don’t go over whether or not 1 person caught more than 2 fish or not. DNR usually only checks to make sure the boat is not over the limit and not whether a person caught more than the limit. At least that is how it has been for all the boats I have been on. The 1 extra is usually credited to the Capt. I think.

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                    • #11
                      Then I hope the Captain or the mate is the one taking the “boat” fish home. If a client throws that plus one in their cooler on a day the boat limits out to take home they’re in possession of 3 fish and in violation of the DNR possession limits. Seems really sketchy to me.
                      Mike
                      Pro Angler 14 "The Grand Wazoo"

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                      • #12
                        Originally posted by Memory Maker View Post
                        Yeah ......... it is 1 for the boat. Usually the limit is looked at as a limit for the boat that they don’t go over whether or not 1 person caught more than 2 fish or not. DNR usually only checks to make sure the boat is not over the limit and not whether a person caught more than the limit. At least that is how it has been for all the boats I have been on. The 1 extra is usually credited to the Capt. I think.
                        that may be the general perseption but it is incorrect. I spoke in great detail earlier with a Dnr officer in which he was very well aware of the regs. No person on a charter boat may catch and keep more than two legal stripers any subsequent caught by the fishermen has to be released.

                        Regulation 08.02.15.12 is where misconception lies:

                        G. Restrictions for Charter Boats.

                        (1) During a chartered fishing trip, the captain or mate:

                        (a) May not land or possess striped bass for personal consumption during the season described in Regulation .08 of this chapter;

                        (b) May land and possess one striped bass per boat per trip during the seasons described in Regulation .09 of this chapter, to be retained for personal consumption only.

                        (2) A fishing guide licensee may not make more than two charter trips daily to fish for striped bass.

                        As stated the Captain or mate may land one for the boat for personal consumption but when asked the Captain stated he didn't catch it which is illegal which was confirmed by the officer that it was. He stated that they have a tendency to overlook it because it is hard to prove after the fact at which I replied if asking the right questions whether that could be discovered for which he agreed. I also mentioned this seems to be fishermen catching one for the boat seems to be the general acceptance for charters which he stated it shouldn't be. He also requested I provide the name of the boat and captain so he can keep a look out as well as others as he patrols the bay bridge area.

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                        • #13
                          At the risk of coming across as a prick, I am wondering why such a fuss about the one extra fish per boat?
                          It used to be that fish was destined to be the Captain's dinner.

                          On Charter boats, the client may continue to fish even after they have caught their limit, since the total is for the boat.
                          Nothing wrong with catch and release, either, after the limit is filled.
                          Many a time we have had one client catch 5 or 6 fish and other clients only one. I'm not throwing back those fish for that one guy, not if I want to get paid. The customers can divvy them up any way they want back at the dock.

                          I can just imagine how that would play out in court if 5 clients gave all of their fish to the guy who paid for the trip and he got busted by the DNR for illegal possession. Glad a couple of our clients are lawyers!

                          I would think it would be far better to express concern with the number of fish caught and dumped after the "hero shots."
                          Check out the dumpsters over a Sandy Point on a Sunday evening........

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                          • #14
                            Originally posted by bignose View Post
                            At the risk of coming across as a prick, I am wondering why such a fuss about the one extra fish per boat?
                            It used to be that fish was destined to be the Captain's dinner.

                            On Charter boats, the client may continue to fish even after they have caught their limit, since the total is for the boat.
                            Nothing wrong with catch and release, either, after the limit is filled.
                            Many a time we have had one client catch 5 or 6 fish and other clients only one. I'm not throwing back those fish for that one guy, not if I want to get paid. The customers can divvy them up any way they want back at the dock.

                            I can just imagine how that would play out in court if 5 clients gave all of their fish to the guy who paid for the trip and he got busted by the DNR for illegal possession. Glad a couple of our clients are lawyers!

                            I would think it would be far better to express concern with the number of fish caught and dumped after the "hero shots."
                            Check out the dumpsters over a Sandy Point on a Sunday evening........
                            No you are not correct. The count is not according to the boat according to the Dnr police officer I spoke with. Each person on board minus the captain and mate has a limit of 2 after that they are to catch and release. I'll be more than happy to give you the officers number for direct information because he is in disagreement with the practice and wanted the boat and captains information.. The big stink is had the captain stated he caught the fish I would not have had an issue. He stated and argued regs that just are not correct but are a widespread misconception because they have gotten away with it.

                            Bignose ....sure they can continue to catch fish but after two they need to release them. If that one guy catching more than the others who haven't limited but is giving smaller fish to others while catching and keeping the bigger ones that is also considered "CULLING" which too is illegal. Plus that is the problem, charters are doing & getting away with grey area non legal fishing to satisfy money in their pockets while others like us kayak fishermen are bound by the real regulations.
                            Last edited by Oldbayrunner; 09-02-2018, 03:55 PM.

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                            • #15
                              I may be wrong, but good luck trying to enforce that! When the DNR comes aboard, they don't ask who caught what. They ask how many and let us measure a few.
                              Giving away fish culling?
                              No, returning fish to the water that has been in the cooler after catching a larger fish construes culling.

                              I get the distinct feeling that you are very anti charter fishing and I don't feel like debating this any longer due to your obvious prejudices.

                              Money in their pockets? Nobody gets rich running a charter boat.
                              Last edited by bignose; 09-02-2018, 04:03 PM.

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