Over limit questions

[onefishtwofish]

How would you imterpret this: " provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize."? This kind of says it is illegal to cull seatrout?

In the scenario you describe, the person caught the fish, but did not harvest it. Culling fish is when you harvest it (put it in a cooler or a livewell-dead or alive makes no difference) and then take one out of your harvested fish and toss the previously caught fish for a different one.

I will freely admit I have culled fish and I would have done it if an officer was in the boat with me and just taken the ticket. I have done it on redfish (reds live longer in my livewell). I have gut hooked a fish, sure to die after I had my red. I took out the fish that was very much alive in my livewell, made sure it was able to swim away and then replaced it with the sure to die fish. In both cases I did this, the gut hooked fish was smaller.

I think I will make a call to FWC when I have time and get a ruling on harvest vs catch vs limit vs culling. I think it would be very educational.

I think following one's ethics is more important than following the law. Most fisherman have a higher moral code than the law anyways. Some do not. I personally chose not to keep trout over 20", even when I am keeping them for dinner. I would not judge anyone that does so, it is just my thing. If I ever get to go to LA to fish, I guarantee I do not keep a red over 27", regardless of the law.

I still think the fisherman being chastised in this thread did nothing wrong and I hope those that are judging him will man up and admit they were wrong if they are proven to be so. If I am wrong, I will admit it and change my tactics as well.

[charlie tuna]

Onefishtwofish wrote "I think following one's ethics is more important than following the law. Most fisherman have a higher moral code than the law anyways.
I only wish this was true! And before we had limits, we depended on "fisherman's ethics", that didn't work. I can remember fishermen catching boatlaods of fish, only finding out the market was flooded and they all went to waste. I have NEVER culled a fish and if a fish is kept in a livewell long enough it dies anyhow...

[Jumptrout51]

if a fish is kept in a livewell long enough it dies anyhow...

You could not be more wrong if your were the current POTUS.

[silverking]

The FWC has been meeting in Tallahassee the last couple days, but I emailed the public affairs person for the law enforcement division and she said she would track down a response. Hopefully they will have a definitive interpretation by Friday.

[onefishtwofish]

Really Charlie? Now I agree that my experience is skewed to those I fish with, but I am old enough to remember those days. Was it greed back then or ignorance? I remember as a kid long before there were slots and limits catching trout in warm water power plant discharges and taking hours to clean all the fish. My dad would have had a word with us if we had caught a bunch of fish and not cleaned them same as game.

It just seems like the folks that I fish with are way more likely today to keep what they need and toss the rest back, usually well below the limits. I am talking about sport fisherman (and women). You are probably right and I am being naïve though. I admit I run in a pretty small circle.

Thanks Silver, I have not had time to make a call. Please keep us posted.

Also, Charlie, you would not toss a perfectly alive fish to keep an obviously dead one? Even though it would be illegal?

[bman]

I agree with all of you
This is a question of Spirit of the Law VS Letter of the Law

In church circles we call letter of the law folks a "legalist" and its not a good term.
I agree that its better to do what is best over what is "legal" even if you get a ticket.

Some people take spirit of the law too far and use it to justify their desires.
I also think that human nature is to take all you can.
If there were no limits some people would keep every 10" trout that came in their boat.

I hope and believe that most of the folks on this forum care about the fish and the sport enough not to abuse them in either manner.