Possession Limits After Multiple Days of Fishing

October 3, 2013

Question: Can you discuss ocean fish possession limits? I often see people coming to our area to fish for several days in a row and they take a limit every day without eating or gifting any of the fish to someone else. On day three, when they depart from the ocean, they have three limits of rockfish in a cooler. It’s not right. Most folks do not know or understand that the daily bag limit is also the possession limit for most fish. Just a thought to help educate. Thanks! (Ryan H., San Luis Obispo)

Answer: You are correct. Regardless of how many days someone ocean fishes, they must abide by both daily bag limits and overall possession limits. In most cases, bag limits and possession limits are the same, so at no time can someone possess more than one daily bag limit. In order to fish again once a daily bag limit is reached, the angler must wait until the next calendar day, and unless a higher possession limit is specifically authorized, the angler must either eat or gift their fish to someone else before taking more. At no time can anyone be in possession of more than one bag/possession limit.

Maybe they gifted a one day's limit to a spouse and child or other person traveling with them otherwise they were in violation.

Maybe they gifted a one day's limit to a spouse and child or other person traveling with them otherwise they were in violation.

Does the person receiving the gift need a license?

The person receiving the gift does not need to have a license!

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October 3, 2013

Question: Can you discuss ocean fish possession limits? I often see people coming to our area to fish for several days in a row and they take a limit every day without eating or gifting any of the fish to someone else. On day three, when they depart from the ocean, they have three limits of rockfish in a cooler. It’s not right. Most folks do not know or understand that the daily bag limit is also the possession limit for most fish. Just a thought to help educate. Thanks! (Ryan H., San Luis Obispo)

Answer: You are correct. Regardless of how many days someone ocean fishes, they must abide by both daily bag limits and overall possession limits. In most cases, bag limits and possession limits are the same, so at no time can someone possess more than one daily bag limit. In order to fish again once a daily bag limit is reached, the angler must wait until the next calendar day, and unless a higher possession limit is specifically authorized, the angler must either eat or gift their fish to someone else before taking more. At no time can anyone be in possession of more than one bag/possession limit.

It may not be legal but I think it is right. It takes away our right to feed our families by harvesting natures bounty. We should be able to catch a daily limit and take it home to preserve it. It shouldn't count against us if we go fishing again. What's not right is, you can catch a limit every day by giving the fish away, but not if you preserve the fish for your family to eat during the off season.

The person receiving the gift does not need to have a license!

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So if you were camping next to the water and were found in possession of fish they wouldn't ask to see your license? I wonder how that would work if you kayaked to shore with no fishing gear but you had fish on board and you told them it was gifted to you? You may be right, but I wouldn't want to put that one to the test.

I talked to the wardens at the Sportsman's Expo about this subject.  They were very clear that you can not possess more than the daily limit at any time.  I asked about gifting the catch to anyone, such as a homeless person.  The response was that they could be gifted to anyone and no license is required to accept the catch as a gift.  He said "I wouldn't recommend giving to just anybody, like a homeless person" but there would be nothing illegal about doing so."  I'm not sure why giving it to a "stranger" in need would be a bad thing.  I would think gifting food to a homeless person would be an act of kindness and should be encouraged if practical.  The whole daily limit rule seems unfair to me.  If fishing multiple days, a limit per day seems more fair.  What's the difference if you fish today, bring your catch home and freeze it and then fish next Sunday and do the same.  You would now have two daily limits in possession and be illegal, unless you have other family members who could claim part of the catch.  I don't condone wasting any food, but this law just doesn't seem fair to me.  I heard there may be a change coming that will allow 2 daily limits to be possessed for multi-day fishing trips.  Hopefully this will happen for the Salmon season.

Isn't there a rule about wasting fish? Maybe it could be deemed wasting it if the homeless person doesn't eat it.

I have asked this specific question to several game wardens just to see what answer I would get ,,, all of them replied the same answer, I am pretty sure the question has also been answered by Carrie Wilson

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Shouldn't give fish to the hungry?

 

Shouldn't give fish to the hungry?

 

Maybe the wardens didnt see the homeless and hungry as people.

If we were allowed to possess 2 limits of rockfish, it would be difficult for wardens to enforce...poachers would simply keep 2 limits of fish each day then claim half the fish were caught yesterday etc...

If we were allowed to possess 2 limits of rockfish, it would be difficult for wardens to enforce...poachers would simply keep 2 limits of fish each day then claim half the fish were caught yesterday etc...

I seem to remember as a kid you could have more than a daily limit except on or at the water. It might be difficult to prove the big screen TV in your house isn't stolen property unless you have a receipt. Maybe we should have a rule that says we must have receipts for all property we possess. It would be easier for the police to enforce burglary laws if they could ask for proof of ownership for everything in your home. Sometimes rules do more harm to the law abiding than they do to stop the criminals.

If we were allowed to possess 2 limits of rockfish, it would be difficult for wardens to enforce...poachers would simply keep 2 limits of fish each day then claim half the fish were caught yesterday etc...

But why does it work for trout where the daily bag limit is 5 but one is allowed to have 10 in possession?

Go to a tag system like abalone is the only way it can be enforced. Not that I want that for fish. I think double possession is fair, because we do preserve and feed ourselves over time with it. Im waiting on them to crack down on our fillets not being identified by skin patch. I take all the skin off mine.