Who can explain “In Possession” ?

Shimano Penn

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Often there is a difference between law and enforcement, we all know that. We are each allowed (2) BFT per day but we fish “boat limits” and even if the boat limits out you typically have some guys with 4-5 of them, some with 1, 2 or 3 and a bunch of folks with none 🙄
1). If there are 4 fish in the hold with my number stapled to them am I technically in possession and hence over limit?
2). What about when they are laid out at the dock next to an orange cone with my number on it?
3). If I give them away at that point I’m good?
4). If so, and what I do is donate them to the food bank via 5 Star, am I in the clear?

I’m guessing there are two ways to see this, a technical view and a practical one. On the one hand I personally have never seen DFG at the landings but I have read reports (here) of boats being boarded and inspected.
What do you think?
 
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Carl

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  • Nov 29, 2004
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    I wouldn't have more than my allowed limit with my number on it.
    I ain't putting myself in the position of having to try and explain my way out of that.
    I'm a grown assed man. It's my, not the crew's responsibility to monitor my catch.

    I dont blame the waitress or bartender for me getting legally drunk either.
     

    zing1402

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    i wouldn't want to find out the hard way the limit is two and i wouldn't want to try to explain why i had four but im gonna give them away to the DFG
     
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    Shane R

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    Every charter boat I have been on, my two per day were, all that made it back to the dock with my number. The deck hands have always asked me what fish I want and distribute the rest to people that did not catch any or not limit. If the boat was boarded at sea then I would probably be in trouble. So unlike Carl I will take the chance at sea and keep fishing but give up any extra fish when deck hands start cleaning fish. Or hand off rods to others that have not had as good of a day .
     
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    bdubs73

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    The issue of possession starts when you leave the boat with tagged fish on your number. On trips where I have a great day and catch more than my limit, I always ask the deckhand to keep my biggest fish tagged up tp my limit, and donate the remaining fish to those who did not have a good day out there. There are times when that doesn't happen and they bring up the extra fish with my tag number, and for whatever reason they have not been given to others yet. I immediately strip the tag off the fish. In my understanding, if you are at the dock receiving more than your legal limit the DFG would rightfully be able to cite you for exceeding your bag limit. IMO, any tax write off I may get for donating extra fish at the processor is not worth the cost of a citation when I can simply allow other anglers to legally take and enjoy them.
    Another option I have taken is asking the deckhand to switch out your tags while you are out there, but if the fishing is good, or your fish have been dropped in the hold, that likely will not happen.
     
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    Carl
    Carl
    There is no "tax write off".
    You cannot assign value to a sport caught fish period.
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    Bill W

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    Boat limits is directed to the captain. The fine goes to the captain. Personal limits are your responsibility. Old school, big and small… no limits on Albacore or Bluefin. New school definite limit, cull your catch. Hard reality to the old school dudes.

    DFG will monitor landing catch, if you know it or not. Just ask Andy on the Rooster.
     
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    Reel 007

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    Technicalities and practicalities, if I am on a private boat with my fishing buddy and my 3and4 years old grand kids are with me, what are my limits of bluefin tuna, is it 4 or 8.
     
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    UnBelievable

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    Chance always favors those who plan ahead. For some reason I seem to be lucky. Here is what the smarter than the average bear does. Every trip has some folks that fish gear that won’t work. Get two tags from them. They never seem to mind the help and usually welcome it. Better that stopping at Point Loma Seafoods. I try to put at least one under each person whom wants them. The understanding is I choose the fish at the landing as the final two. If a jackpot is involved a folded tag with the head deckhand approval is used. The deckhands love this as they get the jackpot. With a little thinking ahead, it’s easy to keep everyone happy. Keep a piece of paper and notes that only you understand. Again just a lil smarter than the average bear. As far as the black and white LAW, ANY ANGLER LANDING FISH IN EXCESS OF LIMIT GETS A PRIZE! Usually very expensive. You never know when one is on board. I have fisted with several over the years unknown at the time. They stay very quiet and have friends waiting at the dock or board you in the bay. All the long range boats I fish keep your total drop for you and there are always folks whom want fish from you. All I say is I need a tag and it’s taken care of. Best of luck to you, and enjoy it while you can!
     
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    azbaseball

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    Boat limits are just that the number of anglers and the total number of fish caught. When you land a fish and they put your number on it you own it. If you know you have already reached your limit do not put your number on it. Give it to the deck hand and they will put a luck anglers number on it that does not have limits. When you donate your fish at the landing to a charity that counts against your limit of fish in possession (the state of having, owning, or controlling something.) When you do not have boat limits you can not possess any additional fish. You can continue to catch and release. You are not allowed to cull dead fish. Cheers
     
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    Shimano Penn

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    Okay everyone seems to confirm what I thought, no more than 2 fish with my tag on them at any time 😎. I have seen guys with 4 or 5 laid out at the dock and thought they were talking a big chance 🙄. So far I’ve been fortunate enough to hook a third fish twice but both times handed off to someone so I didn’t technically “land” the fish and it never had my number on it 👍
     
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    gettingbentwithbo

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    For bluefin it's 2 fish per angler per day. No exceptions.
     
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    1steveT

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    As I understand it technically speaking "in possession" also includes what you have in the freezer at home, not that a F&G warden will follow you home to check.
    I always wondered how some hoopers have 50 tails in the freezer at home and are still going out for more.
    It's a really grey topic.
     
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    MYNomad

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    . IMO, any tax write off I may get for donating extra fish at the processor is not worth the cost of a citation when I can simply allow other anglers to legally take and enjoy them.

    It is well established that there is no legitimate write off for sport caught fish. Guys who claim a deduction are playing the audit lottery. Non-cash charitable contributions get a lot of scrutiny. Plus, who wants to be a tax cheat. Self respect and sleeping well at night are much more valuable than a crooked write off or any other shady deal for that matter.
     
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    Reel 007

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    It is well established that there is no legitimate write off for sport caught fish. Guys who claim a deduction are playing the audit lottery. Non-cash charitable contributions get a lot of scrutiny. Plus, who wants to be a tax cheat. Self respect and sleeping well at night are much more valuable than a crooked write off or any other shady deal for that matter.
    I try to minimize my government contributions, I have restless nights when I give them more than I want to.
     
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    Carl

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    As I understand it technically speaking "in possession" also includes what you have in the freezer at home, not that a F&G warden will follow you home to check.
    I always wondered how some hoopers have 50 tails in the freezer at home and are still going out for more.
    It's a really grey topic.
    As a bachelor living alone I am not allowed to possess a total of 50 tails in my freezer, livewell, keister or anywhere else.
    I forget if the possession limit is 14 or 21 for lobsters.
    I know the bird hunting posession limits went up to 3 times the daily bag.
    Cohabitants and gifting is a separate issue
     

    bdubs73

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    It is well established that there is no legitimate write off for sport caught fish. Guys who claim a deduction are playing the audit lottery. Non-cash charitable contributions get a lot of scrutiny. Plus, who wants to be a tax cheat. Self respect and sleeping well at night are much more valuable than a crooked write off or any other shady deal for that matter.
    Ah, that's interesting. I actually did not know that, I have never tried to use it as a reason for a tax write off.
     
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    Castlepadre

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    Often there is a difference between law and enforcement, we all know that. We are each allowed (2) BFT per day but we fish “boat limits” and even if the boat limits out you typically have some guys with 4-5 of them, some with 1, 2 or 3 and a bunch of folks with none 🙄
    1). If there are 4 fish in the hold with my number stapled to them am I technically in possession and hence over limit?
    2). What about when they are laid out at the dock next to an orange cone with my number on it?
    3). If I give them away at that point I’m good?
    4). If so, and what I do is donate them to the food bank via 5 Star, am I in the clear?

    I’m guessing there are two ways to see this, a technical view and a practical one. On the one hand I personally have never seen DFG at the landings but I have read reports (here) of boats being boarded and inspected.
    What do you think?
    Catch em and ask the crew to take the smaller fish and distribute to less fortunate. Ask them to pull your number and replace with another number after they pull out of RSW and before they load them on the dock cart. Common practice
     
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    kevina

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    As I understand it technically speaking "in possession" also includes what you have in the freezer at home, not that a F&G warden will follow you home to check.
    I always wondered how some hoopers have 50 tails in the freezer at home and are still going out for more.
    It's a really grey topic.
    That is the truth, In possession means everything, Icluding your house frezzer. Boat limits a different story.
     
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    NoLDR

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    Really simple, if you have them you are in possession of them PERIOD with or without your number on them. In addition you have another violation when you continue to fish when you have a limit.
     
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    Carl
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    False.
    You can continue to fish when you have a bluefin limit.
    You can still catch and keep 5 yellowtail and 3 yellowfin for example.
    You are allowed 10 fin fish only 2 can be bluefin
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    mogambosquid

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    Catch em and ask the crew to take the smaller fish and distribute to less fortunate. Ask them to pull your number and replace with another number after they pull out of RSW and before they load them on the dock cart. Common practice
    Managing your take, swapping tags, high grading your catch and distributing the excess/over limit fish while simultaneously offloading the RSW and scrambling to get the boat cleaned, restocked and turned around for the next trip is common practice?

    Which boat?

    The crew must love you!
     
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    Shimano Penn

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    Managing your take, swapping tags, high grading your catch and distributing the excess/over limit fish while simultaneously offloading the RSW and scrambling to get the boat cleaned, restocked and turned around for the next trip is common practice?

    Which boat?

    The crew must love you!
    Yea I was thinking the same thing, he must leave one hell of a tip 😉
     
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    Castlepadre

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    Managing your take, swapping tags, high grading your catch and distributing the excess/over limit fish while simultaneously offloading the RSW and scrambling to get the boat cleaned, restocked and turned around for the next trip is common practice?

    Which boat?

    The crew must love you!
    It happens and when they lay the fish on the deck from RSW they are focused on that job. Was their idea. Im not alone and this was a longer range operation
     
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    dwaynesda

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    If a ticket is issued and it makes it in front of a judge, it has to be a perfectly clear to a judge who has "possession" and whether over limits were reached. If the warden, who is the eyes and ears of the judge, issues a ticket because your number is on more than a limit, you are guilty. If a warden was on the boat under cover and saw you gaff an over limit of bluefin, you are guilty, even though your are trying to contribute to a boat limit (He will tell the judge what he witnessed). You can not control the type of fish you are going to hook when you throw a bait in the water so you do not have to stop fishing. If you hook and hand off, you probably would be OK. If you personally are at limits and you get another bluefin next to the boat, technically your are required to release it as soon as it is identifiable.

    If you pretend you are fishing in front of a warden or judge all the time, you won't make a bad decision. How do I know all this, it has happened to me and the judge explained to us on how it works in very plain English to us. We were lucky and got off because the warden made an error in assuming something without actually witnessing it. This was out of state, we were the last case and the judge asked us to stay so he could talk to us as a regular Joe. He went to his chambers, took off his robe and met us out front to explain everything to us. He was pretty cool and wanted us to return to his state to continue to hunt and fish and did not want us to be scared off.
     
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