# QUESTION about EATING/COOKING FISH, while offshore fishing



## SolarFlare (Oct 3, 2007)

I was asked a question this morning, but don't know the answer, so.....

What are the rules regardng cooking and eating fishfrom your catch, while you are fishing?


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## Sequoiha (Sep 28, 2007)

Hey Jeff, from what i understand, if you have the ability to cook fish off shore, then there are no rules... you just cant get caught with more than your bag or size limits....

I posed this question to one of my officer friends,, he said while off shore, and you intend on eating fish you catch, then you catch them, you clean them, you discard the remains, and you eat the fish,, what ever you dont eat you have to discard... any fish you bring back has to be in whole condition, or what ever the law states...

hope this helps..


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## lobsterman (Sep 30, 2007)

Its the old grill and release.


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## Tuna Man (Oct 2, 2007)

I wouldn't have a limit AND fish on the grill, assuming for example all are red snapper.


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## SolarFlare (Oct 3, 2007)

Thanks everyone...."Grill & Release", I like it!


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## Garbo (Oct 2, 2007)

I think the law reads that the fish must make landfall in whole and complete form. Actually I think even justdeheading a fish at sea is against the law. 

But, I am not a legal advisor or a member of law enforcement. 

So, Pass the Wasabi and Gingerplease. 

Grill and Release MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM.


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## chad403 (Apr 20, 2008)

What if im still eating or grillingon the way in?


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## P-cola_Native (Feb 5, 2008)

It isillegal to lay the blade to any regulated fish species while on the water, butI still do it when I'm on a boat with a grill.


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## 69Viking (Oct 30, 2008)

> *P-cola_Native (6/1/2009)*It isillegal to lay the blade to any regulated fish species while on the water, butI still do it when I'm on a boat with a grill.


There is obviously supporters of both sides but where is the official ruling in writing? Based on this post I've read where it is ok to do it and where it is not ok, what is the real answer? You're telling me you're at sea for several days and can't filet any of your catch to eat it, that doesn't sound right?


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## P-cola_Native (Feb 5, 2008)

The fwc observers and officers that I have asked said it was illegal to cut up anything that is regulated. I remember someone posting something awhile back saying it was legal if the fish weighed under a pound and was legal to keep, but it was a long time ago and might have been on the FS forum.


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## 69Viking (Oct 30, 2008)

> *P-cola_Native (6/1/2009)*The fwc observers and officers that I have asked said it was illegal to cut up anything that is regulated. I remember someone posting something awhile back saying it was legal if the fish weighed under a pound and was legal to keep, but it was a long time ago and might have been on the FS forum.


Ok, just so you know I'm trying to be a dick here, I'm just trying to get the right answer. What if you live on the boat as I know many people do? Your boat is a 50+ foot boat that you stay out at sea for weeks when the seas are calm. I can understand cutting the fish up so you can sneak them home but you are cutting them up for dinner. Somewhere there has to be literature that supports this ruling one way or another. If I had to guess the FWC officers you talked don't even know the real answer, they just know you can't cut the fish up to sneak it home if you live on land but what if you live on the boat? What if I go out and catch some snapper and then want to anchor at Crab Island and eat some fish for dinner because I'm staying out over night for the weekend? There has to some kind of written rule that outlines this other than an FWC Officer said so. I've Googled it and checked the FWC website but haven't found the answer yet, I'll keep looking.

Edit - I've submitted this specific question on the FWC website, I should be getting an answer back in email at some point.


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## Ocean Man (Sep 27, 2007)

You could always ask the question on the FWC website, it usually takes a couple days to get an answer but they always respond back.

I seem to remember something about this before and seems like you are allowed x lbs of fish per person, that must be eaten at sea. Not sure though.


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## P-cola_Native (Feb 5, 2008)

> *69Viking (6/1/2009)*
> 
> 
> > *P-cola_Native (6/1/2009)*The fwc observers and officers that I have asked said it was illegal to cut up anything that is regulated. I remember someone posting something awhile back saying it was legal if the fish weighed under a pound and was legal to keep, but it was a long time ago and might have been on the FS forum.
> ...


If you get a response, let us know what they say. I've always had thesame opinion you have, and just said screw it and did it anyway. I've worked on charter boats where it was routine to fire up the green egg and cook fish every trip, but we didn't do it when the fwc observers were on board because they said it was illegal. But, like you said, they might not know what they are talking about.


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## fred (Dec 28, 2008)

Federal Regulations:<P align=left>Head and Fins Attached Rule<P align=left>All fish except for bait and oceanic migratory species taken from<P align=left>federal waters must have heads and fins intact through landing. Up to 1½<P align=left>pounds of finfish per person is exempt from the head and fins intact rule for<P align=left>personal consumption provided the vessel is equipped to cook such<P align=left>finfish.<P align=left><P align=left>http://www.outdooralabama.com/fishing/saltwater/regulations/fed-rec-regs.pdf<P align=left>Page 19, bottom right


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## SolarFlare (Oct 3, 2007)

I couldn't find the answer at *MYFWC.com* either, that's whyI posted....However, you have to consider that the FWC has *NO* jurisdicition in *Federal Waters,* so if you're not crossing the state waters with any fish, I would think they have no say!

So I guess in that case it falls back on Federal regs!


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## P-cola_Native (Feb 5, 2008)

> *Bay Pirate (6/1/2009)*I couldn't find the naswer at *MYFWC.com* either, that's whyI posted....However, you have to consider that the FWC has *NO* juristicition in *Federal Waters,* so if you're not crossing the state waters with any fish, I would think they have no say!
> 
> So I guess in that case it falls back on Federal regs!


The fwc does have juristiction and they DO enforce federal regs in federal waters, as do the Alabama water cops.


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## PMac (Oct 12, 2007)

What I find interesting in this discussion is that a group of people, many of whom fish offshore regularly aren't clear on the laws regarding the fish they are catching. This is not a slam of the peopleinvolved but rather a suggestion that perhaps our laws need to be written more clearly and available more readily. Obviously we are all responsible for knowing the laws when we fish but that information should be easily accessible and easily understandable. My take on this is that it is okay to fillet and consume fish offshore if you dispose of the remains offshore.Anything that comes to shore has to be in tact. Is that correct as far as we know....


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## SolarFlare (Oct 3, 2007)

> *P-cola_Native (6/1/2009)*
> 
> 
> > *Bay Pirate (6/1/2009)*I couldn't find the answer at *MYFWC.com* either, that's whyI posted....However, you have to consider that the FWC has *NO* juristicition in *Federal Waters,* so if you're not crossing the state waters with any fish, I would think they have no say!
> ...


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## P-cola_Native (Feb 5, 2008)

> *Bay Pirate (6/1/2009)*
> 
> 
> > *P-cola_Native (6/1/2009)*
> ...


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## fred (Dec 28, 2008)

> <P align=left>State Authority in Federal Waters<P align=left>A state may regulate vessels that are registered in that state and fishing in<P align=left>federal waters for species for which there are no federal fishery management<P align=left>plans or applicable federal regulations, or for which the appropriate fishery<P align=left>management plan has delegated management of the state and the state
> 
> rules are consistent with federal regulations.


From page 21 of the regs.

http://www.gulfcouncil.org/Beta/GMFMCWeb/downloads/recbrochure2009-10.pdf


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## Outside9 (Apr 30, 2008)

> Now we have another question, I don't believe the FWC does have jurisdiction in Federal Waters unless maybe they were in pursuit from State waters


FWC, Alabama and all other coastal states can enforce federal law in federal waters and do it all the time.<P class=MsoNormal style="MARGIN: 0in 0in 0pt">http://www.nmfs.noaa.gov/ole/part_state.html<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o><P class=MsoNormal style="MARGIN: 0in 0in 0pt">http://www.nmfs.noaa.gov/ole/news/news_SED_091707.htm<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><P class=MsoNormal style="MARGIN: 0in 0in 0pt">Florida is list above - <P class=MsoNormal style="MARGIN: 0in 0in 0pt">


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## 69Viking (Oct 30, 2008)

Here is the official response I received from FWC in email! Kind of suprised I got a response in less than 24 hours, not bad!

<TABLE style="WIDTH: 100%; mso-cellspacing: 0in; mso-yfti-tbllook: 1184; mso-padding-alt: 1.5pt 1.5pt 1.5pt 1.5pt" class=MsoNormalTable border=0 cellSpacing=0 cellPadding=0 width="100%"><TBODY><TR style="mso-yfti-irow: 0; mso-yfti-firstrow: yes"><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; PADDING-LEFT: 1.5pt; PADDING-RIGHT: 1.5pt; BACKGROUND: #e0e0e0; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt" colSpan=2><P style="MARGIN: 0in 0in 0pt" class=MsoNormal>*<SPAN style="mso-fareast-font-family: 'Times New Roman'">Subject*<SPAN style="mso-fareast-font-family: 'Times New Roman'"><?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o></TD></TR><TR style="mso-yfti-irow: 1"><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; BACKGROUND-COLOR: transparent; PADDING-LEFT: 3pt; PADDING-RIGHT: 3pt; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt" colSpan=2><P style="MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="mso-fareast-font-family: 'Times New Roman'">Catching and cleaning fish to eat at sea<o></o></TD></TR><TR style="mso-yfti-irow: 2"><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; BACKGROUND-COLOR: transparent; PADDING-LEFT: 1.5pt; PADDING-RIGHT: 1.5pt; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt" colSpan=2><P style="MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="mso-fareast-font-family: 'Times New Roman'"><o></o></TD></TR><TR style="mso-yfti-irow: 3"><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; PADDING-LEFT: 1.5pt; PADDING-RIGHT: 1.5pt; BACKGROUND: #e0e0e0; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt" colSpan=2><P style="MARGIN: 0in 0in 0pt" class=MsoNormal>*<SPAN style="mso-fareast-font-family: 'Times New Roman'">Discussion Thread*<SPAN style="mso-fareast-font-family: 'Times New Roman'"><o></o></TD></TR><TR style="mso-yfti-irow: 4"><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; PADDING-LEFT: 3pt; PADDING-RIGHT: 3pt; BACKGROUND: #c6d3ba; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt"><P style="MARGIN: 0in 0in 0pt" class=MsoNormal>*<SPAN style="mso-fareast-font-family: 'Times New Roman'">Response (RO-TB)*<SPAN style="mso-fareast-font-family: 'Times New Roman'"><o></o></TD><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; PADDING-LEFT: 3pt; PADDING-RIGHT: 3pt; BACKGROUND: #c6d3ba; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt"><P style="TEXT-ALIGN: right; MARGIN: 0in 0in 0pt" class=MsoNormal align=right><SPAN style="mso-fareast-font-family: 'Times New Roman'">06/02/2009 08:44 AM<o></o></TD></TR><TR style="mso-yfti-irow: 5; mso-yfti-lastrow: yes"><TD style="BORDER-BOTTOM: #ece9d8; BORDER-LEFT: #ece9d8; PADDING-BOTTOM: 1.5pt; BACKGROUND-COLOR: transparent; PADDING-LEFT: 3pt; PADDING-RIGHT: 3pt; BORDER-TOP: #ece9d8; BORDER-RIGHT: #ece9d8; PADDING-TOP: 1.5pt" colSpan=2><P style="MARGIN: 0in 0in 0pt" class=MsoNormal><SPAN style="mso-fareast-font-family: 'Times New Roman'">Within state waters, which extends nine nautical miles in the Gulf of Mexico and three nautical miles in the Atlantic, the rules for the consumption of fish aboard a vessel is specific to the species of fish you are intending to consume. The Fish and Wildlife Commission regulations allow for the consumption of snook, redfish, snapper, grouper, amberjack, red porgy, gray triggerfish, and sea bass aboard a vessel. The exact rule language for these species states, "Preparation of fish for immediate consumption on board the vessel from which the fish were caught is not prohibited". Anglers must still adhere to established size limits, bag limits, seasons, and gear regulations when harvesting a fish for consumption aboard a vessel, and cannot keep any remaining fillets after the fish has been consumed. Any fillets on board a vessel that are not prepared for immediate consumption will be considered the possession of fish that are not in whole condition.

Within federal waters of the Gulf of Mexico (outside of nine nautical miles), the regulation in regards to the consumption of fish aboard a vessel applies to all species of finfish, with the exception of highly migratory species. The rule is as follows:

(2) Legal-sized finfish possessed for consumption at sea on the harvesting vessel are exempt from the requirement to have head and fins intact, provided--
(i) Such finfish do not exceed any applicable bag limit;
(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per person aboard; and
(iii) The vessel is equipped to cook such finfish on board.

Within federal waters of the South Atlantic (outside of three nautical miles), the following species of fish must be maintained with heads and fins intact through offloading ashore: cobia, king mackerel, Spanish mackerel, and South Atlantic snapper-grouper . There are no specific rules governing the consumption of other species of fish aboard a vessel in the South Atlantic, and we would advise that you contact the South Atlantic Fishery Management Council for further clarification - http://www.safmc.noaa.gov

There may be different rules than those stated above when you are in state or national parks and sanctuaries. Please check with the park or sanctuary staff regarding the rules on the consumption of fish in areas under their jurisdiction.

In addition, none of the above stated regulations apply to tunas, billfish, sharks, or swordfish. Highly Migratory Species (HMS) are managed by the National Marine Fisheries Service and the following are the requirements for maintaining those species in whole condition. Again, there are no exceptions to these rules that would allow the consumption of any HMS aboard a vessel.

(a) Atlantic tunas. Persons that own or operate a fishing vessel that possesses an Atlantic tuna in the Atlantic Ocean or that lands an Atlantic tuna in an Atlantic coastal port must maintain such Atlantic tuna through offloading either in round form or eviscerated with the head and fins removed, provided one pectoral fin and the tail remain attached.

(b) Billfish. Any person that possesses a blue marlin or a white marlin taken from its management unit or a sailfish taken shoreward of the outer boundary of the EEZ or lands a blue marlin or a white marlin in an Atlantic coastal port must maintain such billfish with its head, fins, and bill intact through offloading. Persons may eviscerate such billfish, but it must otherwise be maintained whole.

(c)(4) Persons aboard a vessel that does not have a commercial permit for shark must maintain a shark in or from the EEZ intact through landing--the head, tail, or fins may not be removed. The shark may be bled.

(d) Swordfish. Persons that own or operate a fishing vessel that possesses a swordfish in the Atlantic Ocean or lands a swordfish in an Atlantic coastal port must maintain such swordfish in round or dressed form through off-loading. 

________________

In the South Atlantic EEZ, snapper-grouper lawfully harvested in Bahamian waters are exempt from the requirement that they be maintained with head and fins intact, provided valid Bahamian fishing and cruising permits are on board the vessel and the vessel is in transit through the South Atlantic EEZ. For the purpose of this paragraph, a vessel is in transit through the South Atlantic EEZ when it is on a direct and continuous course through the South Atlantic EEZ and no one aboard the vessel fishes in the EEZ.

Highly migratory species (HMS) are defined as bluefin, bigeye, yellowfin, albacore, and skipjack tunas; swordfish; sharks; white marlin; blue marlin; sailfish; and longbill spearfish.

Generally, with regards to the possession limits and fillets prepared for immediate consumption, it is a Law Enforcement Officer's discretion as to whether or not the fish on your vessel has been caught at an earlier date and stored for consumption or if it has just been caught and prepared. For further clarification, contact the nearest FWC Regional office. FWC Regional office contact information may be found at http://myfwc.com/Contact/Contact_RegOff.htm.<o></o></TD></TR></TBODY></TABLE>


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## swhiting (Oct 4, 2007)

> *PMac (6/1/2009)*What I find interesting in this discussion is that a group of people, many of whom fish offshore regularly aren't clear on the laws regarding the fish they are catching. This is not a slam of the peopleinvolved but rather a suggestion that perhaps our laws need to be written more clearly and available more readily. Obviously we are all responsible for knowing the laws when we fish but that information should be easily accessible and easily understandable. My take on this is that it is okay to fillet and consume fish offshore if you dispose of the remains offshore.Anything that comes to shore has to be in tact. Is that correct as far as we know....




PMAC: I've created a different thread on the same topic and have been shocked by the lack of responses. We've grown used to this crap and will even defend the "that's not us" answers you get. Look at the response above from the FWCC. They qualify everything by "State" waters. I WOULDN'T HAVE SUCH A PROBLEM WITH THAT IF THEY STAYED IN STATE WATERS. BUT IT YOU'RE GOING TO ENFORCE FEDERAL REGULATIONS, YOU KNOW THEM, SO PUBLISH THEM!!!!!!!!!!!!!!!


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## nonameangler+1 (May 13, 2009)

69vik. Thanks for the post.:clap
Will be printing out to add to the binder of misc articles that I keep on the boat. 

Good info to know as plan on doing some night trips this summer and might be firing up the grill for a midnight snack.:letsdrink


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## PMac (Oct 12, 2007)

Hey, at least they kept it simple! :banghead Thanks for the response. I would have had no clue that you couldn't cook a freshly caught tuna 100 miles offshore.I am curious....what is the farthest offshore any of our members have had boats checked by any agency for any reason????


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