Can Party Boat Passengers Catch Boat Limits as Well as the Crew Limits?

June 7, 2012

Question: A Southern California fishing website posted about an angler catching three white sea bass, and there’s a photograph clearly showing the angler in possession of three white sea bass. The story goes on to say the angler gave two away to other fishermen. Since the limit on this particular species is one, 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 crews’ limit of fish. Is this true? (Curtis F.)

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 crew’s 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).

I think the answer pertaining to the Captain is wrong. If we were to properly interpret the quoted regulation (maybe from 2012 regs, it could have changed by now), that "crew members are not passengers and may not take fish towards obtaining boat limits FOR passengers". It does not say the other way around,  that the crew members cannot take the fish from their passengers who gave it to them. It is implied from the regulation that the Crew Members SHOULD NOT fish or TAKE fish (but only assist in the fishing) FOR satisfying the boat limits of their passengers, but they surely can take the fish from the passengers and it can count towards their personal limit!

, but they surely can take the fish from the passengers and it can count towards their personal limit!

I don't see how you could come to the conclusion that the DFG's response was incorrect here.

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.

Party boat (saltwater only):
Passengers
Crew

Passengers may fish towards the boat limit.  The boat limit is comprised only of passenger's limits.
Crew limit is separate and distinct from the boat limit.

Crew CAN take fish from the passengers if they so choose, but that would not at all increase the boat limit.  If the crew takes fish that a passenger caught, those fish would still be part of the boat limit.  A fish gifted to the crew would not be deducted from the boat limit.

So a boat with 10 passengers, 3 crew fishing for salmon.

Scenario 1:

Crew does NOT fish.
Boat limit is 20 salmon.
When passengers catch 20 salmon, they must stop fishing.  Passengers may not fish to get to 26 salmon since the crew limit is not part of the boat limit.  Passengers may not give away salmon to the crew and continue to fish since every fish taken by pax are already covered in the boat limit.

Scenario 2:

Crew DOES fish.
Boat limit is still 20 salmon.
Crew limit is whatever the crew limit is - is it even 2 per crew? Not sure.

When passengers catch 20 salmon, they must stop fishing. Passengers may not fish to get to 26 salmon since the crew limit is not part of the boat limit.  Passengers may not give away salmon to the crew and continue to fish since every fish taken by pax are already covered in the boat limit.

Regardless of whether the crew fishes or not, the boat limit is still based upon the passengers.

So the wording of the regulation is misleading or unclear. It should be written like how you interpreted it.

It is very clear to me that the quoted regulation states that the captain and the crew cannot fish FOR THE BOAT LIMITS OF THE PASSENGERS. Where in the statement in the quoted regulation that states that the passengers cannot fish for the crew and the captain? Show me.

So, based only on the quoted text of the regulation, I have concluded that the answer was wrong. If there are other parts to the regs that support their answer, they must quote it to prevent misunderstanding.

Isn't it fairly easily implied? Crew doesn't count towards boat limits. Passengers fish towards boat limits.

Sent from my Galaxy Nexus using Tapatalk

The regulation on this reads: “The vessel operator(s) and crew members are not passengers

That's all that is really needed to answer the question.

Sent from my Galaxy Nexus using Tapatalk