Passenger & Crew Limits while fishing aboard a commercial "Open Party" Boat

CDFG

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http://www.dfg.ca.gov/news/

Question: A Southern California fishing website posted about an angler catching three white seabass, and there's a photograph clearly showing the angler in possession of three white seabass. The story goes on to say the angler gave two away to other fishermen. Since the limit on this particular species is one fish at this time of year, I am wondering if the angler is in violation. The captain of the boat said the angler's catch was legal because, he said, after limits have been reached by the passengers, it is permissible for them to keep fishing and catch the crew's limit of fish. Is this true?

Answer: If the angler was fishing on a commercial passenger fishing vessel, or party boat, and she gave the fish to other anglers who had not filled their limits prior to exiting the boat, she was not in violation. Regarding the crews limit, the captain was wrong. Passengers cannot legally catch fish under the limits allowed for the captain and crew. The captain and crew must keep their fish separate from fish caught by passengers.

The regulation on this reads: The vessel operator(s) and crew members are not passengers and may not take fish towards obtaining boat limits for passengers except for casting, setting trolling gear, gaffing or netting fish, but may take fish during a fishing trip for their personal use only. Vessel operator(s) and crew members may assist passengers in other activities including, but not limited to, obtaining bait, chumming, baiting and untangling hooks and lines, identifying, dispatching, filleting, counting, bagging and otherwise handling fish taken by passengers. Upon completion of a fishing trip, the vessel operator(s) and crew members may only possess fish that are part of their own personal bag limit not to exceed authorized sport fishing daily bag and possession limits. (California Code of Regulations Title 14, Section 195 (e)(1)).

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