Lobster tails for bait?? - Page 2 - Striper Talk Striped Bass Fishing, Surfcasting, Boating

FishermanTim · 08-26-2010, 02:31 PM

Quote:

Originally Posted by JamesJet

...Seriously though I really doubt its legal given the restrictions on taking them. Additionally I don’t think its legal to take them off the beach without a proper permit....

What you do with them AFTER you buy them is YOUR business.
As long as YOU precured them legally (keep the receipt just in case) you can do whatever you want with them.

If you can use shrimp as bait, why not lobster?
Or any shellfish for that matter? Oh wait, you can!

AS LONG AS THE BAIT IS PROCURED THROUGH LEGAL MEANS, FISH AWAY!

tattoobob · 08-26-2010, 08:00 PM

So is it legal or illegal?

Adam_777 · 08-26-2010, 05:33 PM

Lobster poaching is a serious crime and I believe your words on this site can and possibly will be used against you in a court of law.Should have really though more about openly admitting to this in a public forum.Better watch out for the internet clam cops.Worse than the real ones......

FISHING_FOOL · 08-26-2010, 05:38 PM

Thanks for all the speculation! When someones got facts that would be helpful. It is not like a i have 100 lobsters. Just a few tails that had broken off and were up the beach in seaweed. The laws about lobsters apply when someone is fishing! Either with traps or scuba gear or however. I was walking on the beach not in the water and it would be dam tough to say I was fishing!

RIROCKHOUND · 08-26-2010, 06:08 PM

Mass is strict! In RI any resident is allowed ~1/2 bushel per person of shellfish (non-lobster)

clambelly · 08-27-2010, 06:27 PM

it baffles me that dead shellfish washed up on the beach wouldn't be free for anyone.

MarkB · 08-29-2010, 05:30 PM

Quote:

Originally Posted by clambelly

it baffles me that dead shellfish washed up on the beach wouldn't be free for anyone.

Simple answer - so that poachers can't say "Gee officer, I just found it on the beach!" The fact that they may actually see it sitting there, and see you pick it up innocently doesn't matter to the law. The law is there to protect against poachers, so 'finders-keepers' gets ruled out in all cases.

Pete F. · 08-28-2010, 07:59 AM

I watched a seagull on Narragansett Town Beach pick up a surf clam under the legal limit and carry it above the high tide line. I did'nt think they were that smart. Good thing he did'nt get caught.

Nebe · 08-29-2010, 03:54 PM

You really are a fool. Best of luck to you with your lobsters.

Posted from my iPhone/Mobile device

MarkB · 08-29-2010, 05:34 PM

They used lobster back in the 1800s because it was cheap and plentiful.They also fed pigs lobster on Cape Cod back into Colonial days.

On a related note, there was a law passed restricting the number of days per week servants could be fed salmon. Seems the servants were tired of eating so much salmon and protested.

FISHING_FOOL · 08-29-2010, 06:25 PM

Quote:

Originally Posted by Nebe

You really are a fool. Best of luck to you with your lobsters.

Posted from my iPhone/Mobile device

Ha! How old are you?

Nebe · 08-29-2010, 06:30 PM

Quote:

Originally Posted by FISHING_FOOL

Ha! How old are you?

Old enough to know rules and regulations and to listen to the 10 people who are telling me that it is illegal.
Posted from my iPhone/Mobile device

FISHING_FOOL · 08-29-2010, 06:45 PM

Quote:

Originally Posted by Nebe

Old enough to know rules and regulations and to listen to the 10 people who are telling me that it is illegal.
Posted from my iPhone/Mobile device

Are the 10 other people retired clam cops? Do they have any facts? I love the speculation. Good luck fishin!

ProfessorM · 08-29-2010, 06:48 PM

It would certainly catch me. why anyone would not put it in a roll and eat it is beyond me.

Nebe · 08-29-2010, 07:24 PM

Let's say that you find a dead schoolie on the beach. Do you take it home? You didn't catch it. There are no laws that say you can't take it home. But what you do have to follow is possession laws. If the schoolie is over 28 you can take it home. With lobsters, the possession laws are A certain number of inches from the eye socket to the back edge of it's carapace. If the lobster is above legal size and you have a lobster liscence, you are allowed to possess them.

Also, the legal possession size for scup is a certain number of inces-9 I think. You are not allowed to liveline scup shorter than that..

So go-ahead and use lobsters as bait, but possession of them is illegal without a rec liscense
Posted from my iPhone/Mobile device

likwid · 08-29-2010, 07:32 PM

The laws read that any possession must be a certain size (that includes using as bait), along with being a permit holder. And if they catch you, its on your a#@$ to prove that the lobster was of legal size.

That said, go for it, but get caught and you're most likely screwed.

Mike P · 08-29-2010, 10:00 PM

Quote:

Originally Posted by likwid

The laws read that any possession must be a certain size (that includes using as bait), along with being a permit holder. And if they catch you, its on your a#@$ to prove that the lobster was of legal size.

That said, go for it, but get caught and you're most likely screwed.

But, but, but-----that's just speculation. You're not a retired clam cop

likwid · 08-30-2010, 06:36 AM

Quote:

Originally Posted by Mike P

But, but, but-----that's just speculation. You're not a retired clam cop

True, but non-retired "clam cops" can speculate you a hefty fine. I don't think retired "clam cops" can help with that.

RIROCKHOUND · 08-29-2010, 07:50 PM

Quote:

Originally Posted by Nebe

Also, the legal possession size for scup is a certain number of inces-9
Posted from my iPhone/Mobile device

10.5"

FishermanTim · 08-30-2010, 01:12 PM

Once again,

If you procure the lobsters through legal means, and they are of legal size and sex, you can do whatever you please with them.

As for picking them up off the beach, if they are dead, eating them would be the LAST thing I would ever consider.

Here's a "loophole" for the beachcombing collectors: If you have a rec license for lobster, wait until they are "underwater" and collect them. Since there is no specific ruling relating as to how deep they have to be, underwater means UNDERWATER. Not 20 feet, not 10 feet, not even 3 inches.

Although the poaching aspect sounds more important today, I would logically speculate that the beach-combing restriction would be to prevent people from collecting dead shellfish and eating them.

As for the "posession" argument, you need to specify that it relates to coming FROM and taking FROM the ocean. The blanket rule mangling that has been bantered about here would mean that if you go to a reputable fish monger, buy a couple of lobsters to cook at home, once you leave the store you are in violation unless you have a lobster license, since "posession" was the point. That's absurd, but that's what has been presented here.

Let's all take a moment and check out the Marine Fisheries Abstracts regarding shellfishing. That's where I went right from the beginning.

JohnnyD · 08-29-2010, 07:40 PM

Lobster violations seem to be treated much harsher than fishing violations. Good luck to you. Like I said, have you called EPO? I've called them in the past and they've been more than helpful.

likwid · 08-29-2010, 07:46 PM

Quote:

Originally Posted by JohnnyD

Lobster violations seem to be treated much harsher than fishing violations.

Yes they are.
Bugs are worth bank compared to most fish.

Nebe · 08-29-2010, 07:44 PM

Sergi di somov(sp?) " the mad Russian who won the derby a few times did use lobster tails for bait. It is mentioned in " Reading the Water". It was stated that he would buy a few bugs, eat some with his wife for dinner, and save the tails for bait. He kept it very quiet.
Posted from my iPhone/Mobile device

Joe · 08-29-2010, 08:39 PM

You can usually scarf up a few (sometimes quite a few) along East Beach when you have a low tide early in the morning of a hurricane swell. Just get there before the gulls see them.

Green Light · 08-29-2010, 10:16 PM

When you buy the soft shell lobstah's at MB, don't tell them it's for bait. They will look at you like you are crazy. Not that I would know anything about buying human grade food for bait.

.

Joe · 08-30-2010, 05:37 AM

It's not much of a moral dilemma. It's either you or the gulls who gets them. Sure the DEM could bust you. If someone calls them, tells them the make and model of your car, where you are parking, and what you are in violation of. If you are still there an hour later when they show, they'll have you cold and it will be front page news.
I don't know why they don't go to Hazard Ave on bluebird weekend days when there's a hurricane swell on and check licenses or otherwise discourage people to fish for their own good. I guess failing to protect is not much of a moral dilemma either.

JohnR · 08-30-2010, 06:38 AM

Quote:

Originally Posted by Pete F.

I watched a seagull on Narragansett Town Beach pick up a surf clam under the legal limit and carry it above the high tide line. I did'nt think they were that smart. Good thing he did'nt get caught.

Quote:

Originally Posted by Joe

It's not much of a moral dilemma. It's either you or the gulls who gets them. Sure the DEM could bust you. If someone calls them, tells them the make and model of your car, where you are parking, and what you are in violation of. If you are still there an hour later when they show, they'll have you cold and it will be front page news.
I don't know why they don't go to Hazard Ave on bluebird weekend days when there's a hurricane swell on and check licenses or otherwise discourage people to fish for their own good. I guess failing to protect is not much of a moral dilemma either.

Yep, have EPO's checking at Hazard and Beavertail. And DCYF for the brilliant parents that bring their young kids

Joe · 08-30-2010, 10:14 AM

Give the Narragansett cops the authority to check fishing licenses and they'd do it with vigor.