three mile limit

[gregwoo]

Can any one tell me what the regulations are for stripper fishing at the three mile limit off Virginia Beach, Va. Can I fish there all year or is there a season?

 

[jigngrub]

Re: three mile limit

It is best not to rely on word of mouth for fishing regulations, research them yourself.

If you need to ask any question about your local fishing regulations it means you need to read and study all of the lastest fishing regs for your area.

Fishing regs can and do change annually, and what may have been good for last year may get you a fine this year.

 

[dingbat]

Re: three mile limit

There is no closed season per say, but the size and possession limits change during Trophy Season the first two week in May.

Remember, it is a federal offensive to fish outside the 3-mile limit (EEZ). There will be many fish outside the limit but don’t even think about going after them. The line is heavily patrolled and Feds they are not kind to anyone found fishing past the line.

The Chesapeake is closed Dec. 31 thru May 16

 

[jigngrub]

Re: three mile limit

There is no closed season per say, but the size and possession limits change during Trophy Season the first two week in May.

Remember, it is a federal offensive to fish outside the 3-mile limit (EEZ). There will be many fish outside the limit but don’t even think about going after them. The line is heavily patrolled and Feds they are not kind to anyone found fishing past the line.

The Chesapeake is closed Dec. 31 thru May 16

Well that's clear as mud.

There isn't a season out past the 3 mile limit but you can't catch the fish???... no fishing past the 3 mile limit?... no Striper fishing past the 3 mile limit?

 

[Outsider]

Re: three mile limit

You can fish out to 3 miles all year, but what you can keep changes. I'm not from around there, either, but I easily found where to look. I could give you the link, but what would be the fun in that ... :facepalm:

 

[jigngrub]

Re: three mile limit

You can fish out to 3 miles all year, but what you can keep changes. I'm not from around there, either, but I easily found where to look. I could give you the link, but what would be the fun in that ... :facepalm:

Fishing regulations are easy to find online... any state in the US, Canada, Mexico... anywhere!

I didn't look up those regs in hopes someone would come on and try to explain them... they did and it just proved my point. Don't go by word of mouth for any laws.

 

[dpoff]

Re: three mile limit

Virginia Marine Resources Commission- Recreational Fishing

 

[dingbat]

Re: three mile limit

Well that's clear as mud.

There isn't a season out past the 3 mile limit but you can't catch the fish???... no fishing past the 3 mile limit?... no Striper fishing past the 3 mile limit?

Stripers are a protected species under Federal law. It’s illegal to fish for Stripers in Federal waters (i.e outside the EEZ), period.

Inside the EEZ (3 mile limit), the States set their own bag and size limits under a quota system and strict oversight by the Feds.

 

[jigngrub]

Re: three mile limit

It?s illegal to fish for Stripers in Federal waters (i.e outside the EEZ), period.

Nah, you can still fish for them... you just can't keep them.

 

[dingbat]

Re: three mile limit

Nah, you can still fish for them... you just can't keep them.

Ah... you want to bet your boat on that assumption?

ATLANTIC STRIPED BASS CONSERVATION ACT of 1984
http://www.nmfs.noaa.gov/sfa/state_federal/docs/asbca.pdf

(b) Prohibited acts during moratorium
During a moratorium period, it is unlawful for any person -
(1)to engage in fishing within the moratorium area;
(2)to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of
paragraph (1);
(3)to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a
moratorium declared under subsection (a) of this section applies to that State; or
(4)to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught
incidental to harvesting that occurs in the course of commercial or recreational fish catching activities,
regardless of the physical condition of the striped bass when caught.

(c) Civil penalties
(1) Civil penalty
Any person who commits any act that is unlawful under subsection (b) of this section shall be
liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act (16
U.S.C. 1858). (The amount of the civil penalty shall not exceed $100,000 for each violation.)
(2) Civil forfeitures
(A) In general
Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and
any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or
as the result of, the commission of any act that is unlawful under subsection (b) of this section
shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Act(16 U.S.C. 1860)

 

[jigngrub]

Re: three mile limit

Well, there's this VVVVVVVV

(8)
The term ''moratorium area'' means the coastal waters with respect to which a declaration under
section 5154(a) of this title applies.

... and the definition of coastal waters VVVVVVVVVV

Inland and coastal waters under the jurisdiction of a nation or state, especially the ocean waters within 3 or 12 miles (4.8 or 19.3 kilometers) of the shoreline.

... and there's this VVVVVVVVV

(4)
to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught
incidental to harvesting that occurs in the course of commercial or recreational fish catching activities,
regardless of the physical condition of the striped bass when caught

I'm sure fishing in a moratorium area in a manner that would not allow a live release (netting, as in gill and trawl) would be highly illegal.

I'm also sure that sport fishing by hook and line is something else. Hook and line allows a live release (unless fish are caught in deep and reeled up too quickly). Unless there's a moratorium on all species, no one can actually say what you're fishing for nor can they stop you from fishing. You can go out striper fishing and throw a couple bluefish in the cooler and you're bluefish fishing, not striper fishing. You may be catching stripers too, but as long as you release them... you're bluefish fishing and stripers are bycatch.

I did notice this in the Va. saltwater regs VVVVVVVVV

Federal water striped bass regulations: Atlantic Ocean waters beyond the 3 mile limit are closed to the taking and possession of striped bass all year.

.... and I couldn't find a definition for taking in the regulations... but I'm pretty sure it means to catch and not put back as described in reg. #4 above.

 

[dingbat]

Re: three mile limit

The term ''moratorium area'' means the coastal waters with respect to which a declaration under
section 5154(a) of this title applies.
... and the definition of coastal waters VVVV Inland and coastal waters under the jurisdiction of a nation or state, especially the ocean waters within 3 or 12 miles (4.8 or 19.3 kilometers) of the shoreline.

Where did you come up with that? Sec. 5152 - 3 of the bill states:.

The term ''coastal waters'' means - for each coastal State referred to in paragraph (4)(A) - all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured

.... and I couldn't find a definition for taking in the regulations... but I'm pretty sure it means to catch and not put back as described in reg. #4 above.

The regulation states: It is illegal to engage in fishing, to land or attempt to land a striped bass. Why would there be a definition of ?taking? if it is illegal to ?engage in fishing? in the first place?

I'm also sure that sport fishing by hook and line is something else. Hook and line allows a live release (unless fish are caught in deep and reeled up too quickly). Unless there's a moratorium on all species, no one can actually say what you're fishing for nor can they stop you from fishing. You can go out striper fishing and throw a couple bluefish in the cooler and you're bluefish fishing, not striper fishing. You may be catching stripers too, but as long as you release them... you're bluefish fishing and stripers are bycatch.

Nice try, but the two species don?t tolerate the same water temps or each other. Even if by some weird chance that you found a lost bluefish in a school of Striper, the minute you ?attempt to land? a Striper you are in violation of the law. The first time you "attempt to land" a Striper will get you a warning. The second "attempt" will get you fined.

These regulations have been in affect for almost 20 years. Anyone who fishes around here knows the regulations and knows that they are strictly enforced. If you want to pled ignorant and play games with the feds go right ahead. They will not be amused.

 

[jigngrub]

Re: three mile limit

So how can you do this?VVVVVVVVV

(4)to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught
incidental to harvesting that occurs in the course of commercial or recreational fish catching activities,
regardless of the physical condition of the striped bass when caught.

... if you can't land a striper? Why even make mention of it?

... and what about this part?VVVVVVV

that are caught
incidental to harvesting that occurs in the course of commercial or recreational fish catching activities

Do you know what an incidental catch is?... and if you never catch anything but stripers when fishing, why make mention of it... or if you never catch stripers when targeting other fish, why make mention of it???????????????

If you've never caught anything but stripers when striper fishing, or have never caught a striper when targeting another species... you haven't made over a couple of trips.

If you catch and quickly release an OOS striper you won't have any problems.

 

[dingbat]

Re: three mile limit

So how can you do this?VVVVVVVVV

... if you can't land a striper? Why even make mention of it?

... and what about this part?VVVVVVV


Do you know what an incidental catch is?... and if you never catch anything but stripers when fishing, why make mention of it... or if you never catch stripers when targeting other fish, why make mention of it???????????????

If you've never caught anything but stripers when striper fishing, or have never caught a striper when targeting another species... you haven't made over a couple of trips.

If you catch and quickly release an OOS striper you won't have any problems.

You win. This bill is just blowing smoke. The next time you get boarded by the Fed when Striper fishing past the 3 miles limit tell them the expert, Mr. JIGNGRUB, says you can catch and release past the 3 miles limit, it's not a problem. See what that get you.

This women got a $1000 fine and 100 hrs of community service for "Bluefishing" in the EEZ

http://hamptonroads.com/2011/11/va-woman-pleads-guilty-lying-about-illegal-striper-fishing

It is illegal to target or possess striped bass in federal waters between three miles and 200 miles off the Atlantic coast.

According to court papers made available Tuesday, Jennings was fishing in federal waters on Feb. 12 with “Capt. RCW on the charter boat SW.” According to court papers, “Capt. RCW is the captain and owner of the vessel that operates fishing charters out of Virginia Beach.”

When questioned in May, Jennings told investigators that the boat’s crew was targeting only bluefish in federal waters and that anglers were told by the captain to release any stripers

 

[jigngrub]

Re: three mile limit

This women got a $1000 fine and 100 hrs of community service for "Bluefishing" in the EEZ

Va. woman pleads guilty to lying about illegal striper fishing | HamptonRoads.com | PilotOnline.com

No, she was convicted of lying and giving false information, the same as perjury.

She admitted to knowingly giving false information to special agents of the National Oceanic and Atmospheric Administration’s Office of Law Enforcement and to Virginia Marine Police Officers.

 

[mommicked]

Re: three mile limit

I personally would'nt fish for any offshore fish if I could not enjoy legally taking and enjoying eating them. I also would'nt want to try my luck w the feds over any law or percieved breaking of it............they seem to be right even if they are wrong on lot's of stuff, and have more lawyers :scared:

 

[Outsider]

Re: three mile limit

She was, indeed convicted of lieing. But according to the newspaper, When questioned in May, Jennings told investigators that the boat’s crew was targeting only bluefish in federal waters and that anglers were told by the captain to release any stripers. No striper, she said, was kept or later dumped overboard when a VMRC marine patrol boat approached.

Better give this one up, Jig, your shiet is really weak ... :facepalm:

 

[angus63]

Re: three mile limit

Just a note
contact your local DEC office for the latest info which morphs regularly for rec and comm limits.
Remember you must comply with the regulations for the location you are fishing AND the location you land the fish. The difference in the two locations is what most often leads to trouble.

 

[hippie2]

Re: three mile limit

Angus, You say to contact your local DEC and find what the regs. are in that area. I fish off shore in Md and asked 3 Fed. Officers at a boat show about the EEZ rules. They said to simply obey the Md regs. when off shore. I asked where I can find these regs. to which they replied they don't know! I said I was told other than pelagic species there are no regs off shore and they said no, no, there are plenty of regs for Blues, croaker, wahoo and Tog while in the EEZ. I have looked for these regs for about 30 hrs and couldn't find anything. I then said screw it. Now I am in a delema, I can't enjoy my off shore fishing for fear of being cited. This is our great govt. at work!!!!! Also I defy any of these officers to cite me because what they are doing is against all doctrines in criminal law- That is passing a law and not openly making the law known to all. Bob

 

[dingbat]

Re: three mile limit

Regulations for both jurisdictions


http://www.nero.noaa.gov/regs/info.html

http://www.dnr.state.md.us/fisheries/regulations/table.asp?c=recreational&Region=Coastal

[h=2]? 697.3 Relation to other Federal and state laws.[/h]

(c) The regulations in this part do not preempt more restrictive state laws, or state enforcement of more restrictive state laws, with respect to weakfish fishing and American lobster fishing. If a requirement of this part and a management measure required by state or local law differ, any vessel owner permitted to fish in the EEZ must comply with the more restrictive requirement or measure.​

[64 FR 68248, Dec. 6, 1999, as amended at 71 FR 13037, Mar. 14, 2006]

I agree, I have run into my fair share of enforcement “authorizes” that do not have a clue.