Interpretation/Enforcement of Daily Limit

Posted by: Doormat

Interpretation/Enforcement of Daily Limit - 01/24/17 03:13 PM

How is the daily creel limit enforced if you take a multi-day fishing trip? I’m under the assumption that I can take a daily limit for each day I’m on the water. For example; I keep my boat in Noank and go to Block Island for the weekend with my wife. We fish Saturday and Sunday and come back with more than one daily limit of fish for both of us. How does this play out if I'm checked at the dock in CT?
Posted by: Conrad G.

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 04:03 PM

I assume your screwed....Unless you can prove you were out for a couple of days, i.e. receipts from marina ect...
Posted by: whaler150dan

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 04:41 PM

I recall this coming up before (someone posting the Q) and I believe that EnCcn replied that it would indeed be a problem and that there is no way to prove when you caught the fish, and the only way to avoid the issue is to come back to port and offload your catch at the end of each day.

All I know is that if it was ME, I'd definitely get the screws! I am a Murphy's Law magnet!
Posted by: Don P

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 05:40 PM

I would fish however many days you want with each days' limits.

Let them prove you didn't fish multiple days.

They barely slap the hand of those found guilty, so they can pound beach sand trying to prove an innocent person guilty.

That's all IMO
Posted by: Doormat

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 05:44 PM

I agree but I'm waiting to see if there's a real interpretation or each CO treats it as they see it
Posted by: Don P

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 05:49 PM

Agreed....curious too.

It would be GREAT to hear a sound and sane response from DEEP on this in agreement as well.

(Or at least know if I should polish up my "Go Pound Beach Sand" statement! laugh .....either answer, I'm not changing for multi day trips and limits.)
Posted by: ecurB

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 06:02 PM

Originally Posted By: Don P

Let them prove you didn't fish multiple days.


Now that's funny... rolleyes
Posted by: jonh

Re: Interpretation/Enforcement of Daily Limit - 01/24/17 06:07 PM

They get paid to go to court. Do you? Is it worth burning a vacation day or losing income to fight a battle you probably won't win?
Posted by: Reelin

Re: Interpretation/Enforcement of Daily Limit - 01/25/17 07:36 AM

If you are on the water, you can only have one days limit in your possession. That even applies if you come back to your home port dock and put your fillets in a cooler on the dock between trips. If you do that, the cooler needs to be off the dock (ie on land, in your car).
Posted by: Doormat

Re: Interpretation/Enforcement of Daily Limit - 01/25/17 08:09 AM

Here is what the regulation states in regards to "Daily Creel Limit" -

Daily Creel limit.

The daily creel limit is the maximum number of fish an individual engaged in sport fishing may possess or land while on the waters of this state or on any parcel of land, structure, or portion of a roadway abutting tidal waters of this state. This limit applies to each 24 hour daily period regardless how many trips a person may make in a day. Note this is an individual limit. Pooling landings among a group of fishermen in a party is not permitted. In other words three anglers in a party fishing under a 3 fish limit do not get a total of 9 fish. Rather, each individual angler in the party is limited to 3 fish.

This (creel limit) section shall not be construed to restrict the number of legally acquired fish that may be kept in storage in the home or other storage facilities, or in a commercial storage facility where seafood is handled, stored, processed or marketed

Posted by: Doormat

Re: Interpretation/Enforcement of Daily Limit - 01/25/17 08:13 AM

Reelin, If that is the intent it would be more easily understood if it was called a possession limit.
Posted by: Don P

Re: Interpretation/Enforcement of Daily Limit - 01/25/17 08:38 AM

A daily limit is a daily limit.

People who spend their time, money, effort and enjoyment on the water over multiple days should not be penalized.

However it's worded, written or explained.....multi day fishermen will not comply with a 1 day limit....period....nor should they be asked to...period.

Can't wait for an official DEEP response to the original 1st post question.
Posted by: EnCon Police

Re: Interpretation/Enforcement of Daily Limit - 01/26/17 04:36 PM

26-112-43

(k) "Daily creel limit" means the quantity or number of fish of a species or species group that can be taken by an individual angler during the period from 12:01 a.m. to midnight.

(x) "Possession limit" means the total number of fish of any species or species group that may be legally possessed by one person, either on the person, on the waters of the inland district, or the shores of such waters, or in any type of vehicle. Possession limit in the field shall not exceed the daily creel limit. Any fish in possession shall be intact to the extent that neither the heads nor the tails have been removed but gills and viscera may be removed. Possession limit shall not be construed to restrict the number of legally acquired fish that may be kept in storage in the home or in other storage facilities.

Technically you would be in violation. As defined in Possession Limit, "Possession limit in the field shall not exceed the daily creel limit". There is no burden on the Officer to prove you were out on a multi day trip. Unfortunately the court will have the final decision should it be taken that far. Receipts from marina's etc. are helpful and meaningful with Officer discretion.
Posted by: Doormat

Re: Interpretation/Enforcement of Daily Limit - 01/26/17 06:04 PM

I think it would help if "Possession Limit" were explained in the regulations. I do have a question though; Suppose someone took a cellphone pic of their catch each day. The pic would have a timestamp on it thereby providing some proof of the multi-day scenario.

Thanks for following up,
Bill
Posted by: Don P

Re: Interpretation/Enforcement of Daily Limit - 01/26/17 06:20 PM

Originally Posted By: Doormat
I think it would help if "Possession Limit" were explained in the regulations. I do have a question though; Suppose someone took a cellphone pic of their catch each day. The pic would have a timestamp on it thereby providing some proof of the multi-day scenario.

Thanks for following up,
Bill


AGREED!!!!

DEEP Officers don't write the regs, and they know that single day possession limit reg on a multi day trip is total BS for a lawful multi day fisherman.
Posted by: Don P

Re: Interpretation/Enforcement of Daily Limit - 01/26/17 06:22 PM

Thanks for the Reg info and citations Capt Williams.

#WhatWouldYouDo wink2