DEP seizes black sea bass caught out of legal season - Striper Talk Striped Bass Fishing, Surfcasting, Boating

Rockfish9 · 03-07-2012, 09:28 AM

As a captain of a vessel you are ultimately resposible for everything that goes on onboard your vessel..... that includes the safety of your passengers and violations of the law.. ..this includes reporting known violations.. these people are fishing on YOUR permits.. this one will end up in court.. we'll see what a judge has to say...

MakoMike · 03-07-2012, 12:29 PM

Quote:

Originally Posted by Rockfish9

As a captain of a vessel you are ultimately resposible for everything that goes on onboard your vessel..... that includes the safety of your passengers and violations of the law.. ..this includes reporting known violations.. these people are fishing on YOUR permits.. this one will end up in court.. we'll see what a judge has to say...

No it won't wind up in court as the Captain wasn't cited for anything. Eveidently the NJ DEP knows the law better than you do!

And for all those that asked, no I do not allow poaching on my boat, but that is a personal decision to go above and beyond what I am required to do by law.

On a party boat what could the captain do? He can't force the offenders to release the fish. I'd wager that the fish were destined to be sold and weren't cleaned by the crew. We don't know where the "tip" came from, it could have been from the Captain for all we know.

RIROCKHOUND · 03-07-2012, 12:44 PM

Quote:

Originally Posted by MakoMike

No it won't wind up in court as the Captain wasn't cited for anything. Eveidently the NJ DEP knows the law better than you do!

And for all those that asked, no I do not allow poaching on my boat, but that is a personal decision to go above and beyond what I am required to do by law.

On a party boat what could the captain do? He can't force the offenders to release the fish. I'd wager that the fish were destined to be sold and weren't cleaned by the crew. We don't know where the "tip" came from, it could have been from the Captain for all we know.

So when 'M____' or one of the other boats out of Galilee got popped for taking short blackfish, the fares got fined and not the Captain?

that's not what I heard.

Again. 1 or 2 fish, no big deal.
108 fish in one cooler?!? the Captain/Mate knew and should have called DEP himself.

toaster816 · 03-07-2012, 02:34 PM

How is this even up for debate? A Captain should not ignore customers breaking the law aboard his boat. Fail.

MakoMike · 03-08-2012, 12:16 PM

Quote:

Originally Posted by toaster816

How is this even up for debate? A Captain should not ignore customers breaking the law aboard his boat. Fail.

what would you have him do, forcibly remove the fish from the customers coolers? This is a party boat, he can't threaten to cut the trip short and return to port, like I would do for a private charter.

RIROCKHOUND · 03-08-2012, 01:11 PM

Quote:

Originally Posted by MakoMike

what would you have him do, forcibly remove the fish from the customers coolers? This is a party boat, he can't threaten to cut the trip short and return to port, like I would do for a private charter.

You're killing me here Mike. I feel like a broken record.
If he knew this was going on, do you think he should have called DEP himself and had them waiting at the dock?

I think that is the least they could have done. Otherwise, to me, it looks like they turned a blind eye and probably got a nice tip from those guys.

for what it's worth, running the tour boat, if 1 passenger got out of hand (i.e. #^&#^&#^&#^&faced drunk, or the time we had a kid rip bottles of booze right off the bar during a charter), I went back to the dock early. They had to explain firsthand to the other people (and in the kids case, his parents and coach) why the trip was over so suddenly at the captains discretion!

MakoMike · 03-09-2012, 11:28 AM

Quote:

Originally Posted by RIROCKHOUND

You're killing me here Mike. I feel like a broken record.
If he knew this was going on, do you think he should have called DEP himself and had them waiting at the dock?

I think that is the least they could have done. Otherwise, to me, it looks like they turned a blind eye and probably got a nice tip from those guys.

for what it's worth, running the tour boat, if 1 passenger got out of hand (i.e. #^&#^&#^&#^&faced drunk, or the time we had a kid rip bottles of booze right off the bar during a charter), I went back to the dock early. They had to explain firsthand to the other people (and in the kids case, his parents and coach) why the trip was over so suddenly at the captains discretion!

Bryan,
They were 60 miles offshore, and it was only a handful of the passengers keeping the fish. He would have had to refund all the other passengers their fare, what would you do if you were in that position? Take a couple of thousand dollar loss of keep fishing? How do we know that it wasn't him that tipped the DEP?

likwid · 03-09-2012, 06:53 AM

Quote:

Originally Posted by MakoMike

what would you have him do, forcibly remove the fish from the customers coolers? This is a party boat, he can't threaten to cut the trip short and return to port, like I would do for a private charter.

You really need to reread R&R on having a ticket. The captain IS responsible for him, his crew, and his fares observing all applicable laws. Thats by the letter, not by "what you feel like it means".

MakoMike · 03-09-2012, 11:33 AM

Quote:

Originally Posted by likwid

You really need to reread R&R on having a ticket. The captain IS responsible for him, his crew, and his fares observing all applicable laws. Thats by the letter, not by "what you feel like it means".

You had better read read the R&R, the Captain is responsible for himself and his crew, not for the fares.