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Author: Subject: ? Regarding limits
woody with a view
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[*] posted on 10-25-2009 at 05:04 PM


not for nothing...

suppose Bia and I are out fishing and i catch the first two fish of the day, which happen to be dorado. does that mean i'm done fishing? or can i continue to fish until the "limit" for the boat is accomplished?

if i'm allowed to continue, and while Bia has eventually caught 5 YFT and 4 yellowtail while i'm skunked the rest of the day, what if a third dorado bites my/her line? does the Capitain cut my line before the fish gets to gaff, or does the Capitain try to grab and retrieve my lure whilst letting the fish swim away?

inquiring minds......:?:

[Edited on 10-26-2009 by woody in ob]

[Edited on 10-26-2009 by woody in ob]




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[*] posted on 10-25-2009 at 05:08 PM


If your fishing in the States, do you keep fishing after you have caught your limit? I know that I never troll 3 rods then I only have a license for 2. But I do understand there is quite a bit of a cultural difference between people who sport fish and those who need to feed their families. I can respect both.


[Edited on 10-26-2009 by TheColoradoDude]
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[*] posted on 10-25-2009 at 05:17 PM


I dont even like Dorado or Marlin that much. I will most likely let them all go. Fun to catch though.
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[*] posted on 10-25-2009 at 05:49 PM


Quote:
Originally posted by Santiago
How many folks need to be on the boat for a catch of 40 tuna and 12 yellowtail?

I think 8: 10 total w/ no more than 5 of any one species? Right? (I know that billfish and dorado count as more than one depending on the fish.)

Is it 'OK' to count the captain and deck hand in the total? By 'OK', I mean legal. Whether or not it's the right thing to do I'll leave alone.

Do the sportfishing limits apply to Mexican citizens also?

I'm not being picky, just curious.


i'll bite

40 tuna would require 8 anglers
yet 8 could make this catch legally if
two of those 8 anglers caught five YT in addition to their 5 tuna
and one angler caught two YT and five tuna
or
if some or all of the 8 anglers who had boated five tuna also caught a maximum of five YT

8 anglers minimum

yes sportfishing laws apply to Mexican citizens

when going over these limits or selling catch a commercial permit is needed
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[*] posted on 10-25-2009 at 05:58 PM


maybe there's some confusion on the limits

I am told we work on a points system and 10 points is your limit
but you cannot take more than five of any one species towards that daily limit
and you can't take more than one billfish or shark
so the points go this way

each species is worth a point with the following exceptions
billfish and sharks = 5
two dorado = 5
two roosterfish = 5
other exceptions mentioned in the rule don't apply to or fishery so they won't be listed here
no limit to how many fish are caught and released (we tried to limit this within the park but were told we couldn't so that as the Mexican laws aren't that flexible)
now could you boat five yellowtail, four pargo and a dorado?
yes if you are prepared to give it to the official checking you :lol:
actually you'd probably get away with it because chances are they don't realize the dorado is 2.5 points
its always up to interpretation which makes it kinda fun




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[*] posted on 10-25-2009 at 07:13 PM


Pam, "Kinda fun" makes it sound lighthearted to you and your clients. I can assure you it is as serious as a cardiac infarction to your competitors and the people on their boats. They might remember that and you'll get all the jolly, drunk ones.
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[*] posted on 10-26-2009 at 06:28 AM


they should use these as those grade 4 long math problems:?::?:

thanks for the clarification Pam...I thought is was each dorado was worth 5 points...good news for todays anglers then.
Can you please show me in the regs where it says the captain/deckhand cant fish if they have a sport license? gracias

now about that 2.5 dorado....I guess the ones that the sealions eat half of would count as a .5!!!




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[*] posted on 10-26-2009 at 07:32 PM


Quote:
Originally posted by Osprey
Pam, "Kinda fun" makes it sound lighthearted to you and your clients. I can assure you it is as serious as a cardiac infarction to your competitors and the people on their boats. They might remember that and you'll get all the jolly, drunk ones.


you don't find the way things are kinda fun? if I were as serious as a heart attack in any of this I wouldda had one a long time ago. don't sweat the small stuff. if you or anyone think the way I do things is illegal check us anytime our internal policies are stricter than the fisheries laws but that is by choice. and thank goodness no drunkos we stopped getting them a long time ago when we changed our rate structure. we're serious about what we do but we have fun in the process. salud.
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[*] posted on 10-26-2009 at 07:37 PM


Quote:
Originally posted by shari
....Can you please show me in the regs where it says the captain/deckhand cant fish if they have a sport license? gracias



no I can't because there isn't such a reg. if the captain and crew posess licenses then their limit can count towards the boat limit too. the boat limit would be the combined total of fish counting towards each angler onboard with a permit. technically they all must catch their own fish but how the hell can anyone checking the limits know this unless they saw the fish caught? if the crew is cool with giving their catch up to their clients its their business. usually in our case its the clients that end up giving it all to the captain as most of ours don't take back fish.




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[*] posted on 10-26-2009 at 08:55 PM


gracias hermana....boy do I look forward to the day we have more clients like yours!! It is INCREDIBLE the amount of fish guys have taken back.



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[*] posted on 10-28-2009 at 06:35 AM


the two guys pictured in russes post were actualy part of a larger group that wasnt in the picture. they were probably legal.
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[*] posted on 10-28-2009 at 09:36 AM


Thanks for clearing this up. A similar thread on BD had me confused. I read it as 2 dorado =5 fish. Everyone was saying 1=5. Hey, 5 tuna and 2 dorado and I eat like a king for a couple weeks! Here in La Mision I usually release all but 2 or 3 fish. I prefer fresh, and I fish often enough I don't freeze it. I love it when the lings are still flipping in the cooler a half hour before they go on the grill!!!:bounce:
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[*] posted on 10-28-2009 at 11:09 AM


Quote:
Originally posted by shari
bill....I dont see how you can keep more than one dorado and one rooster...each of those fish count for 5 fish each so with 2 dorado...or a dorado and 1 roosterfish...that adds up to 10 fish so you are done. You are ALLOWED 2 dorado but they would add up to 10 fish. If our clients want to keep a dorado, then they can only get 5 more fish...tuna or yellowtail, calico etc.
here are the regulations....

Shari......I did not intentionally ignore you, but was fishing yesterday and the day before outside Mag Bay (3 hoos Monday, none yesterday) And, when I got back to the dock in Lopez Mateos yesterday afternoon after two days out, I was checked for license and catch. Enforcement is catching on everywhere. In my absence it looks like Pam clarified a lot of issues that have caused confusion.
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[*] posted on 10-28-2009 at 02:10 PM


Pam, now I get it. Very, Very serious fun. I'm just gettin' old.
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[*] posted on 10-28-2009 at 02:39 PM


4baja

You're a nice guy, that photo was taken at Ensenada Muertos, and I have spent many an afternoon watching the Pangas bringing in the fisherman with so may fish over the limit and many tiny dorado. Hopefully they Mexicans will start taking care of their fisheries.




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[*] posted on 10-28-2009 at 03:36 PM


thanks Bill and gracias for the on site report of how things are getting legal here so be prepared amigos...spread the word and the transition will go more smoothly once everyone understands how things are going to work....great fishing nonetheless...till today's blow.



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[*] posted on 10-28-2009 at 03:51 PM


Quote:
Originally posted by Santiago
uh oh, I may have goofed. The post on BD I was referring to has been changed: they caught 40 tuna and 12 yellowtail but only kept 6. I stand corrected, if not somewhat incredulous.....


No problem. I was camped next to a guy and his buddy at BOLA who were bringing in 30 yellowtail a day off Smith Island. He kept it up until all of his coolers were full.

To him the 'limit' was the limit of the icebox. :lol:

He'd been doing it for years. I don't think he was the exception.
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[*] posted on 10-28-2009 at 03:58 PM


Quote:
Originally posted by Santiago
uh oh, I may have goofed. The post on BD I was referring to has been changed: they caught 40 tuna and 12 yellowtail but only kept 6. I stand corrected, if not somewhat incredulous.....



And that post on BD could win an award for one of the fastest edited clean-up jobs---looks like they used a snow plow to move the snow in. :yes:

[Edited on 10-28-2009 by DianaT]




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woody with a view
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thumbup.gif posted on 10-28-2009 at 05:07 PM


if i can survive tomorrow, we're coming down friday. leaving OB around 3am. quick stop in El Ros to see friends and we'll be at the Campo Sirena by 2pm, i'm guessing. save me a good spot!!!!



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[*] posted on 10-29-2009 at 04:39 PM


Using Shari's post of the rules as gospel, then 2 Dorado caught by one licensed fisherman = 10 fish (or 10 points) and that fisherman has limited out for the day. 2 Dorado does not equal 5 fish.

The confusion comes from ambiguously written language in the regulations:
"In ocean waters and estuaries the limit is a total of ten fish per day, with no more than 5 catches of a single specie, except of the species of Marlin, Sailfish, Swordfish and Shark, of which only one specimen of either is allowed, and which counts a five toward the overall 10 fish limit, or Dorado, Roosterfish, Shad, or Tarpon, of which only two samples of each specie are allowed, and which count a five toward the overall 10 fish limit.***"

The ambiguity relates to the following part of the above paragraph "... "or Dorado, Roosterfish, Shad, or Tarpon, of which only two samples of each specie are allowed, and which count a five toward the overall 10 fish limit.***" The prepositional phrase "which count a five toward the overall 10 fish limit" describes and is the antecedent to "Dorado, Roosterfish, Shad or Tarpon" and not to the other prepositional phrase "which count a five toward the overall 10 fish limit.***"

The above argument is supported by the verbiage of the regulation that follows the above cited paragraph, in pertinent part, "if you catch 1 marlin (5 points) and 1 dorado (5 points), you have reached your limit for the day or 2 dorado; 1 dorado plus 5 miscellaneous species; or, 1 roosterfish plus 1 dorado."

It is common practice to rectify ambiguity by using references within the given document that serve to further clarify. An ambiguous phrase with no further clarifying phrases should stand as an ambiguity thus allowing for more than one interpretation, but when further verbiage is available, then the ambiguity is eliminated and only one interpretation should (and customarily will) hold validity.

All this is kind of tedious, but, ambiguity has always been my pet peeve.
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