# Rep. Workman FWC stop hassling boaters



## Gator McKlusky (Oct 8, 2013)

http://www.floridatoday.com/story/n...bable-cause-before-boat-inspections/78016364/

You're out boating carefree on a perfect day, then officers pull you over for a random safety inspection. Feel hassled?
Rep. Ritch Workman did.
Under a law proposed by Workman, R-Melbourne, officers would need one thing before they pull you over again in such a scenario: probable cause.
"Me and my friends get pulled over all the time, and it's never because we're doing something wrong," Workman said.
If the proposed law, House Bill 703, passes, it would take effect July 1, 2016.
The new law would apply to the Florida Fish and Wildlife Conservation Commission, its officers, county deputies, police officers and any other law enforcement officer.
Some boaters say the law would prevent overzealous inspections that harass captains and their passengers, and can mar an otherwise beautiful day. Other captains see the random checks as the best deterrent to illegal fishing, hunting and other violations.

The proposal would revise state law relating to reckless or careless operation of a vessel; deleting provisions authorizing law enforcement boat inspections and revising the authority of law enforcement officers to conduct certain investigations.

Workman said that he doesn't want to keep law enforcement officers from doing their job but wants more reasonable stops along state waters. He said he would work with FWC as the legislation is developed.
He wants a safe-boating sticker that could go next to the boat's registration after a boat has already been inspected. "That, I believe, will limit the amount of times we bother boaters," Workman said.
He's been pulled over while boating several times in the past year, he said, but never asked to open up a bait well. One time, Workman said, he was pulled over in Grand Canal while going idle speed and warned for reckless boating because his children were sitting in the front of the boat with their legs hanging over the side.

"You've stolen time from my family and nobody has asked you, in my opinion, to be the safety police," Workman said of such scenarios. "I don't need anybody else nannying my children. I got it."
Under state law, FWC officers can conduct boating safety inspections and marine fisheries inspections "when it is apparent that the boat occupants have engaged in highly regulated activities such as fishing or hunting," Rob Klepper, a spokesman for FWC's law enforcement division, said via email.
"FWC does not comment on proposed legislation," Klepper said.
"FWC Officers may ask vessel operators to open compartments if they have reasonable cause to believe that a violation has occurred," he said.
Ron Rincones, a longtime fisherman and diver from Grant-Valkaria, worries the law could open the door for illegal fishing.

"I don't think I'm in favor of that," Rincones said, adding that the random inspections serve as a deterrent.
But searches should be reasonable, he added.
"You can't just walk into somebody's house and say, 'I'm going to look for some drugs,'" Rincones said.

Contact Waymer at 321-242-3663 or [email protected]floridatoday.com. Follow him on Twitter @JWayEnviro
According to the Florida Fish and Wildlife Conservation Commission of 10,899 boating violations statewide last year, 3,671 incidents were safety equipment and lighting violations; 1,468 were registration and numbering violations; 1,270 were reckless or careless operation, failure to report an accident or accidents due to navigation violations; 361 were operating the vessel while under the influence of drugs or alcohol; and the rest involved boating or personal watercraft safety and other violations.


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## tbaxl (Mar 13, 2013)

Seem like good legislation to me, I don't get stopped often enough to care one way or the other but, there are enough stories out there to the contrary the reasonable suspicion should be better defined.


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## 153 Large fish (Nov 30, 2013)

Yes the way it is now is really against the search and siezure idea, but probably a bs loophole to randomly pull folks over....my motto is never make eye contact and wot in the opposite direction. ..not cause I'm doing anything wrong...but because it really ruins a great time being stopped by the water nazis....


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## lastcast (Oct 12, 2007)

I agree about cause for being pulled over. As far as your dumb ass being pulled over for letting the kids bow ride, well, I hope you got a ticket. ASSHAT!


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## RAZORBACK101 (Jul 31, 2015)

*not me*

after decades of hunting and fishing in a boat in florida and ala. I think ive be pulled over three times.


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## Jason (Oct 2, 2007)

This may affect FWC or local LEO's stopping you but it will just step up the Coast Guard duties since they are federal, they don't abide by the local laws....so no biggie either way, been stopped by both and wow, may take 5 minutes outta my life---so what.


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## Corpsman (Oct 3, 2007)

I just sent him an email, thanking him for his efforts. We have the right to be protected from searches without probable cause.


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## First Cast (Oct 8, 2007)

I've never understood why police have to have a reason to pull a car over, but boaters can be pulled over at any time without cause and searched like we've got a hidden heroine compartment on board.


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## Reel Sick (May 4, 2009)

I saw you catch a Red Snapper out of season so I pulled you over to make sure you let it go. It really don't bother me but when I had my older boat I got pulled over all the time I guess they were in fear of my safety lol. I respect the officer's it's their job, and if your not doing anything wrong you have nothing to worry about.


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## BentStraight (Dec 27, 2008)

Historically, game wardens (FWC included) have always exercised broad powers dating back even to the era of European Kings. By the very nature of their responsibilities they can check any vessel or vehicle entering or leaving public lands where the act of fishing or hunting may occur, that alone defines their "probable cause". 

I doubt that anything will come of this proposed legal action as protecting the wildlife stocks for future generations will outweigh the minor inconvenience of being stopped and checked.


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## nathar (Jun 25, 2009)

lastcast said:


> I agree about cause for being pulled over. As far as your dumb ass being pulled over for letting the kids bow ride, well, I hope you got a ticket. ASSHAT!


He said he was at idle speed. Don't be such a nanny!


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## nathar (Jun 25, 2009)

First Cast said:


> I've never understood why police have to have a reason to pull a car over, but boaters can be pulled over at any time without cause and searched like we've got a hidden heroine compartment on board.


I agree. In principal there is no difference. One day, the police will be allowed to enter your house to inspect your gun storage--probable cause being that you are known to own a gun--with no warrant or warning. It'll be yet another small, incremental infraction on our rights that we tolerate because of the well-being of "the snapper" or the safety of "the children."

No big deal. It only takes them 5 minutes to inspect my house, and they have only conducted a gun safety inspection three times in the 20 years. Why should I care?


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## First Cast (Oct 8, 2007)

nathar said:


> I agree. In principal there is no difference. One day, the police will be allowed to enter your house to inspect your gun storage--probable cause being that you are known to own a gun--with no warrant or warning. It'll be yet another small, incremental infraction on our rights that we tolerate because of the well-being of "the snapper" or the safety of "the children."
> 
> No big deal. It only takes them 5 minutes to inspect my house, and they have only conducted a gun safety inspection three times in the 20 years. Why should I care?



Yep, I've never had a problem or ticket from being boarded, and am always legal to the extent of throwing back keeper but barely legal sized fish just to be sure. I'm just surprised somebody hasn't been boarded with a legal mindset and the money to fight an illegal search, etc. There are plenty of publicized cases where some true dirtbags got out of serious crimes because of a bad traffic stop, and I don't understand the reason for the different treatment just because one floats and one rolls.


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## orbiting headquarters (Oct 30, 2013)

Got "boarded" at navy point years ago, right after we loaded the boat at the ramp. FWC went through everything. We had nothing to worry about, but it did feel like a hassle. I would prefer the 5-0 NOT do this. The FWC was totally professional about it, but how would anyone feel when a professional is all up in your business? The same way as if he were not professional.


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## NKlamerus (Jan 4, 2016)

This is a PERFECT example of someone getting nit picky. 

I had a really long response typed out. But this guy has already wasted enough of my time complaining about being checked for safety. 

In my opinion, he needs to get over it.


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## nathar (Jun 25, 2009)

NKlamerus said:


> This is a PERFECT example of someone getting nit picky.
> 
> I had a really long response typed out. But this guy has already wasted enough of my time complaining about being checked for safety.
> 
> In my opinion, he needs to get over it.


We don't even know who you're talking about. One day, newbie, you'll learn how to use that "quote" button. Also, no one reads really long posts. Try to keep it to three or four well thought out lines.

Just giving you shit. :thumbup:


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## NKlamerus (Jan 4, 2016)

nathar said:


> We don't even know who you're talking about. One day, newbie, you'll learn how to use that "quote" button. Also, no one reads really long posts. Try to keep it to three or four well thought out lines.
> 
> Just giving you shit.


I expect it  

May your hooks be taken by catfish!


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## MikeJ (Jun 29, 2012)

lastcast said:


> I agree about cause for being pulled over. As far as your dumb ass being pulled over for letting the kids bow ride, well, I hope you got a ticket. ASSHAT!


At idle speed? What got your jammies in a bunch?


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## Corpsman (Oct 3, 2007)

MikeJ said:


> At idle speed? What got your jammies in a bunch?


Honest question... I do this ALL THE TIME at idle speed from the mouth of Chico to Daybreak. My kids dangle feet the whole way. Is there a rule or law against it? Does this seem dangerous to anyone? I am uber-parinoid with my kids on the water but this has always seemed like ultra low risk activity. Hell, folks are making is sound akin to having them in a car without a seat.


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## DLo (Oct 2, 2007)

We could cut out a lot of crime if folks had to wonder if the police were going to toss their house at any time looking for contraband, I have never understood what it is about being on the water that dilutes constitutional rights.

*Those who would give up essential libertyhttps://en.wikiquote.org/wiki/Liberty, to purchase a little temporary safety, deserve neither Liberty nor Safety. -Benjamin Franklin *


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## nathar (Jun 25, 2009)

NKlamerus said:


> I expect it
> 
> May your hooks be taken by catfish!


As long as they're sail cats. Good eating.


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## 49913 (Apr 18, 2014)

I was checked once last year. The guys were polite, we could see them from a long way off and knew they were coming. Everything went fine. I've spent the last 40 years fishing and hunting the southeast coast and the gulf coast. I've met a lot of good ole boys, and a lot of bad ole boys. To change the inspection powers of wildlife enforcement officers would be to make their job a waste of time. I like how it is just fine.


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## 2RC's II (Feb 2, 2012)

Pulled over checked. Was kinda glad I thought I was in compliance and was good to know after the check that I was. It was The USCG BTW. I read somewhere recently where some water policing agency gave you a color coded sticker to place on your boat to prevent multiple safety stops in a year. Sounded like a great idea to me.


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## 77834 (Aug 18, 2015)

*Nanny State mentality*

You can be an illegal alien in a sanctuary city and be free of law enforcement. A taxpaying patriot in a boat is given the evil eye inspection and fined without probable cause. Keep government out of our lives. Our taxes would be well spent in other areas of society where true crime runs rampant. It's all about the money.


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## DreamWeaver21 (Oct 3, 2007)

I get stopped multiple times per year and never have any violations. I have been stopped twice in a day before. It is excessive. I haven't had any really bad experiences with the officers themselves, I just don't think they should be randomly stopping people without a good reason.

I also got stopped at the ice machine last year...


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## PHARMER (Apr 13, 2012)

I've been boarded four times last season, two in one day. No tickets or citations. He told me they were stopping every boat with fishing poles sticking up so we simply lay them in the floor when coming in the pass.


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## lastcast (Oct 12, 2007)

If you read his article. He complains for being stopped while two kids are bow riding. Sorry, you should be.


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## kahala boy (Oct 1, 2007)

I would get stopped 90% of the time when the boat had all Hawaiians. It's a there's a boat full of brown guys, gotta stop them. Always had stuff in a box ready for them to inspect. Never had too many fish. Profiling? Probably, not going to get mad over it. Always had fun with them too. Once asked them if they wouldn't have stopped us if there was a white guy with us, they said no nervously, told them I was kidding and that they can stop me anytime but wouldn't find anything illegal. One time when they were boarding my boat, my 2 kids came jumping out of the cabin asking if we were "there" yet. they both had their vests on. the officers asked them if they were having fun and the kids asked them if they wanted to see the fish they caught, Officers said no but had to look anyway because the boys insisted. No FWC = NO fish because everyone will break the law. Just my humble, maybe stupid opinion.


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## John B. (Oct 2, 2007)

DreamWeaver21 said:


> I also got stopped at the ice machine last year...


I have a huge problem with this...


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## shipoke (Jul 11, 2008)

I have an older model flats boat, (Shipoke) that looks like it catches fish, but rarely does, so I get checked a lot. Don't bother me a bit. When my girls are on board, they look forward to it, in hopes there is a HOTTIE officer in uniform. That's also rare. 
Shipoke


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## Bill Me (Oct 5, 2007)

take away their boarding rights and there won't be a fish left to catch within the range of your boat within about a year.


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## DreamWeaver21 (Oct 3, 2007)

John B. said:


> I have a huge problem with this...


 Quick story on what happened. I was driving home from working on my boat trailer (not towing the boat or anything) and I saw my buddy getting ice from the machine. I whipped in the parking lot to talk to him while he was getting ice. I was talking about the work I have been doing when an FWC truck came in the parking lot. The officer got out of the truck and came over asking, "what kind of fish did you just throw in your truck?" 

I looked at him sideways because I had no idea what he was talking about. He told me, "I just saw you throw a fish into the back of the truck." Thinking back, I remembered that while I was talking to my buddy I had a rusty piece of my old guide on in my hand to show him. Once I showed my buddy, I flipped it into the bed my truck. The officer must have somehow thought a piece of 1.5 square tubing looked like a fish. I guess when you look at fish all day, everything looks like a fish after a while.

Anyhow, I got the guide on out of my truck and showed it to him. I SOOO wanted to ask what the size limit was on those or if he wanted to measure it but I thought better of it. They are hell on my filet knives though...


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## lettheairout (Mar 11, 2008)

Sounds like most would just rather fwc stay at the dock unless somebody calls them. If being checked by them ruins your day you have bigger problems. But then again nobody wants regulations on fish either. 

Sent from my SM-N920V using Tapatalk


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## tbaxl (Mar 13, 2013)

Bill Me said:


> take away their boarding rights and there won't be a fish left to catch within the range of your boat within about a year.


Really, you think we are that bad. The sportsmen on this and other boards like it obey the law, however when you spend all your outdoor time playing the game the correct way you tend to get tired of being treated like a criminal. Those with no concern for the law or a sustainable take, cheat weather or not there is a chance to get caught. Same rules apply in many different aspects of life.


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## Corpsman (Oct 3, 2007)

Not related to the FWC but I saw this interesting article about the CG this morning. 

http://www.sailfeed.com/2012/10/coast-guard-boardings-and-your-fourth-amendment-rights-part-1/


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## Corpsman (Oct 3, 2007)

lastcast said:


> If you read his article. He complains for being stopped while two kids are bow riding. Sorry, you should be.


I asked earlier in the thread with no response... "Honest question... I do this ALL THE TIME at idle speed from the mouth of Chico to Daybreak. My kids dangle feet the whole way. Is there a rule or law against it? Does this seem dangerous to anyone? I am uber-parinoid with my kids on the water but this has always seemed like ultra low risk activity. Hell, folks are making is sound akin to having them in a car without a seat."


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## NKlamerus (Jan 4, 2016)

I think bow riding depends on the vessel, and more importantly the age of the rider, to be honest. But it's much easier to apply a safety regulation to ALL vessels and ages instead of certain specifications 

I have been stopped for bow riding as well. We pulled up to the beach at the Destin Bridge and it was probably 5 to 10 minutes before FWC moored next to us and explained the situation. No tickets or warnings or anything. Both kids up front were wearing PFD's and both were 11.


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## tbaxl (Mar 13, 2013)

Corpsman said:


> I asked earlier in the thread with no response... "Honest question... I do this ALL THE TIME at idle speed from the mouth of Chico to Daybreak. My kids dangle feet the whole way. Is there a rule or law against it? Does this seem dangerous to anyone? I am uber-parinoid with my kids on the water but this has always seemed like ultra low risk activity. Hell, folks are making is sound akin to having them in a car without a seat."


I personally have no problem with it as long as speed and conditions are good, but you do need to ask yourself, what if. I will add that I think persons riding on the bow under power is illegal here in Alabama.


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## John B. (Oct 2, 2007)

tbaxl said:


> I personally have no problem with it as long as speed and conditions are good, but you do need to ask yourself, what if. I will add that I think persons riding on the bow under power is illegal here in Alabama.


What if the boat sinks?


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## Bill Me (Oct 5, 2007)

Tbaxel, I think enough people would cheat to seriously deplete the resources if the knew there was no real chance for them to get caught. Absent boarding and checking some yahoos would go out day after day and try to sink the boat with fish. It is the tragedy of the commons.


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## k-p (Oct 7, 2009)

I get checked about 5 or 6 times a summer and it usually doesn't take longer than 10 minutes. I have my license ready and box open so they can see; sometimes they just glance then they're gone. I think there needs to be at least twice the enforcement over in Destin. If you've ever seen it around crab island on a holiday weekend during the summer...it's a zoo. Last time I was checked, they pulled up to me and then looked around to see somebody blazing under the bridge so it wasn't even a check as they had to take off. I support FWC and haven't had any bad experiences with them.


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## Fast Eddie (Jun 17, 2015)

Corpsman said:


> I asked earlier in the thread with no response... "Honest question... I do this ALL THE TIME at idle speed from the mouth of Chico to Daybreak. My kids dangle feet the whole way. Is there a rule or law against it? Does this seem dangerous to anyone? I am uber-parinoid with my kids on the water but this has always seemed like ultra low risk activity. Hell, folks are making is sound akin to having them in a car without a seat."


From personal experience, I would say it is worse. It is considered negligent operations for an operator of any vessel at any speed to allow passengers to ride outboard of the gunnels including the bow. It has absolutely nothing to do with the vessel or the age of the persons bow riding. A federal citation (USCG) could result in a fine up to $1000. more if the infraction is determined to be gross negligent. If I am not mistaken, the state citation is a second or third degree misdemeanor. Because of the number of injuries and deaths attributed to this practice, the violation is taken very seriously by law enforcement. Though you may think this is a low risk activity, I know of people who were killed doing this very same thing at idle speed. I hate to say that I used to write these violations all the time. The best advice I can give is, don't do it.


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## submariner (Oct 2, 2007)

they stopped you because they knew you were Great Fishermen 

White boys can't jump or fish



kahala boy said:


> I would get stopped 90% of the time when the boat had all Hawaiians. It's a there's a boat full of brown guys, gotta stop them. Always had stuff in a box ready for them to inspect. Never had too many fish. Profiling? Probably, not going to get mad over it. Always had fun with them too. Once asked them if they wouldn't have stopped us if there was a white guy with us, they said no nervously, told them I was kidding and that they can stop me anytime but wouldn't find anything illegal. One time when they were boarding my boat, my 2 kids came jumping out of the cabin asking if we were "there" yet. they both had their vests on. the officers asked them if they were having fun and the kids asked them if they wanted to see the fish they caught, Officers said no but had to look anyway because the boys insisted. No FWC = NO fish because everyone will break the law. Just my humble, maybe stupid opinion.


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## lastcast (Oct 12, 2007)

Corpsman said:


> I asked earlier in the thread with no response... "Honest question... I do this ALL THE TIME at idle speed from the mouth of Chico to Daybreak. My kids dangle feet the whole way. Is there a rule or law against it? Does this seem dangerous to anyone? I am uber-parinoid with my kids on the water but this has always seemed like ultra low risk activity. Hell, folks are making is sound akin to having them in a car without a seat."


I know it seems like your going slow and in control. If they would fall of the bow, how long does it take to get to the prop. Your not always watching. It's against the law for a reason. Please don't let them do that.


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## nathar (Jun 25, 2009)

I used to let my daughter sit in my lap and steer my truck (no airbag) on our street where the speed limit is 20 mph. OH MY GOD!!!

And we complain about the monkey bars being gone...


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## tbaxl (Mar 13, 2013)

Bill Me said:


> Tbaxel, I think enough people would cheat to seriously deplete the resources if the knew there was no real chance for them to get caught. Absent boarding and checking some yahoos would go out day after day and try to sink the boat with fish. It is the tragedy of the commons.


This can turn into a political back and forth quickly, so I will refrain from any other remark other than I disagree with you on the issue. I also feel that Fish and Wildlife are pretty good at catching the abusers.


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## afishanado (Oct 26, 2009)

2RC's II said:


> Pulled over checked. Was kinda glad I thought I was in compliance and was good to know after the check that I was. It was The USCG BTW. I read somewhere recently where some water policing agency gave you a color coded sticker to place on your boat to prevent multiple safety stops in a year. Sounded like a great idea to me.


Years ago, the CG Auxiliary would sit at the boat ramps and offer the inspections. Looks like now you sign up online, they contact you to meet at a mutually agreed time and location.

http://cgaux.org/vsc/

Vessel Safety Check (VSC) is performed at your boat − ranging in locations from boat to your driveway. A vessel safety check usually takes 15 to 30 minutes, depending upon the size of your boat

Vessels passing safety checks are awarded a U.S. Coast Guard / Auxiliary Decal that informs:

Coast Guard / Auxiliary
Harbor Patrol
Sheriff's & Police
other boating law-enforcement & safety agency's
that your boat was in full compliance with all Federal and State boating laws during a safety check for that year. Best of all every Vessel Safety Check is 100% Free of charge!

Find an Examiner

Are you ready to get started with on your path to safer boating? Click the link below, then fill out the short request form and click the submit button. We will locate the closest volunteer vessel examiners within 30 miles of your location and request that they contact you and set up a Vessel Safety Check for your boat.

http://wow.uscgaux.info/content.php?unit=V-DEPT&category=i-want-a-vsc


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## DLo (Oct 2, 2007)

Bill Me said:


> Tbaxel, I think enough people would cheat to seriously deplete the resources if the knew there was no real chance for them to get caught. Absent boarding and checking some yahoos would go out day after day and try to sink the boat with fish. It is the tragedy of the commons.


The cops don't enter and search my home for infractions every time I leave the driveway, yet somehow I still find the strength not to cook meth or run a human trafficking ring, just because some will abuse the law does not mean the rest of us should be treated as naughty children. The "if you have nothing to hide, you have nothing to be worried about" argument is a very slippery slope, and one made by the one's that have no concern for you rights.


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## KingCrab (Apr 29, 2012)

Corpsman said:


> Not related to the FWC but I saw this interesting article about the CG this morning.
> 
> http://www.sailfeed.com/2012/10/coast-guard-boardings-and-your-fourth-amendment-rights-part-1/


So What happens when your asleep on your boat , CG boards your boat & wants in your cabin? How do u know its them with your gun drawed? :001_huh:


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## Bill Me (Oct 5, 2007)

Since boarding without a warrant has been the law since the founding of the United States I guess the slipper slope ain't all that steep.


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## nathar (Jun 25, 2009)

Bill Me said:


> Since boarding without a warrant has been the law since the founding of the United States I guess the slipper slope ain't all that steep.


Interesting. Can you give us a link?


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## Bill Me (Oct 5, 2007)

Here is one. Not sure how to hyperlink from mobile. Same congress that passed 4th amendment have revenue cutters pretty much unfettered boarding rights. Seems that our founding fathers viewed tax collection as more important than our rights against search and seizure. In fact, I think they thought such searches were actually warranted. I am with everyone that has a principled objection. 

http://navwaters.com/2012/11/12/the...rding-power-of-the-united-states-coast-guard/


By the way, on the comment about no unwarranted searches of your home and ability to resist turning your home into a meth lab that is a bit different than the tragedy of the commons. Meth isn't a public resource. Plus, I bet you don't really want meth in your house, but you might feel a bit differently about that big sow snapper you hand after you already have a legal limit in the cooler. It would be such a shame to throw it back. It will just get eaten by the porpoise. I don't want it to go to waste. You get my drift.


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## Hook (Oct 2, 2007)

In the 40 + years of boating in Destin and Pensacola I have NRVER been boarded . Stopped a total of 5 times and displayed all of the correct items needed for boating. What conditions came about that the FWC et all had to board your boat? Just curious. :whistling:
Also the free safe boating check with sticker is not a bad idea.


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## submariner (Oct 2, 2007)

Your opinion is your opinion, but it strikes me that Workman feels he is entitled. I wouldn't surprise me if he asked the officer if he knew who he was.

Personally I don't mind being pulled over, always happy to show the fish I caught. I guess if I didn't catch any, I might mind.




Gator McKlusky said:


> http://www.floridatoday.com/story/n...bable-cause-before-boat-inspections/78016364/
> 
> You're out boating carefree on a perfect day, then officers pull you over for a random safety inspection. Feel hassled?
> Rep. Ritch Workman did.
> ...


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## MrFish (Aug 21, 2009)

> Your opinion is your opinion, but it strikes me that Workman feels he is entitled. I wouldn't surprise me if he asked the officer if he knew who he was.
> 
> Personally I don't mind being pulled over, always happy to show the fish I caught. I guess if I didn't catch any, I might mind.



I was thinking the same thing.


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## Bill Me (Oct 5, 2007)

Bingo!


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## KingCrab (Apr 29, 2012)

U never know , One day the Taliban may steal a fishing boat with rods & all . Look like fishermen and cause some major damage. In a 3 rd world country maybe . Here , Doubtful. To many Fishermen with Guns & Knives.:yes:


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## DLo (Oct 2, 2007)

Fair argument BillMe, but the purpose of the boardings, as you stated, were for merchant ships engaged in commerce, not personal pleasure boats. I view that as no different than floating customs, the act of commerce has always added a layer of oversight from the regulatory authority. This is not commerce, it is private individuals taking part in legal recreational activities and the state authorities are allowed to stop, board, search and seize without, not only a warrant, but without cause. I believe that apples to apples would be a family enjoying a day in a public park when the police arrive and search their bags to make sure they are in compliance with all laws. 
I also reject the notion that the temptation to break fishing regulations is so great as to need a variation to the Bill of Rights.


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## DLo (Oct 2, 2007)

KingCrab said:


> U never know , One day the Taliban may steal a fishing boat with rods & all . Look like fishermen and cause some major damage. In a 3 rd world country maybe . Here , Doubtful. To many Fishermen with Guns & Knives.:yes:


The argument to that is that they also might acquire a red Chevy 1500 with a salt life sticker on the back glass, should we suspend the rights of all the folks driving that particular truck, just for safety?


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## KingCrab (Apr 29, 2012)

DLo said:


> The argument to that is that they also might acquire a red Chevy 1500 with a salt life sticker on the back glass, should we suspend the rights of all the folks driving that particular truck, just for safety?


Seems so. If say 6 American Pakistanis was fishing in Florida with legal registered numbers with Their country's flag painted on the side & the boats name was "ALLAH". Would they so eagerly search them? Or would they move on preventing a possible civil rights issue?


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## kahala boy (Oct 1, 2007)

I go by the saying; If you don't break the rules, nothing to worry about". Why be angry at someone trying to do their job? If they didn't stop people and do their checks I bet the ones that are pissed that they got stopped are the same ones that will complain about the FWC being overpaid.

I DO speed and when I get caught I don't get mad for being stopped because I broke the law.


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## DLo (Oct 2, 2007)

kahala boy said:


> I go by the saying; If you don't break the rules, nothing to worry about". Why be angry at someone trying to do their job? If they didn't stop people and do their checks I bet the ones that are pissed that they got stopped are the same ones that will complain about the FWC being overpaid.
> 
> I DO speed and when I get caught I don't get mad for being stopped because I broke the law.


If you are speeding on a public road then you are obviously breaking a law, and the police officer has probable cause to pull you over and cite you for it. Would it be ok with you if that same officer pulled you over at random, sometimes multiple times in the same day, and went through your glove box, and trunk to make sure you haven't committed any crimes and to make sure your car safety equipment (seat belt, air bags, horn, turn signals, etc) was installed and working properly? Again, apples to apples.


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## wilfish4774 (Sep 4, 2008)

A suggestion may be for everyone to know the name and addresses of all the fwc officers and be able to personally call or actually stop by their house to voluntarily show these officers that you are taking care of your children and your boat and to show them anything you may catch.


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## MrFish (Aug 21, 2009)

Then again, we also have special privileges in a boat. Can't drive down the road with all your buddies drinking beer now can ya?


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## floorman1 (Jan 10, 2012)

You can do that in a boat?[/QUOTE]


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## Spear (Oct 6, 2007)

We get several times a year, even last Monday coming in East Past. However a couple of years ago in Ft Walton we had put our boat on the frailer, pulled away from the ramp, and were strapping it down. A FWC officer walked up and asked what we caught. There were two of us and we had a limit of 20 flounder we had speared diving. He requested to board the boat (on the trailer) and checked the fish. I think he couldn't believe we only had 20, so he checked every space and storage area, around the batteries, in the life jacket bag, removing hatch covers and inspection plates and getting on his knees to run his arms in areas where he couldn't see. If we had only had 15 or 16 he might not have searched, but he held us up for 30 minutes. I think that was too much and if I see that officer again I will tell him to get a search warrant.


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## lastcast (Oct 12, 2007)

Hate to tell you, they don't need a warrant. 

A visible fishing rod is enough.

Read (2).

FS 379.3313
(1) Law enforcement officers of the commission are constituted law enforcement officers of this state with full power to investigate and arrest for any violation of the laws of this state and the rules of the commission under their jurisdiction. The general laws applicable to arrests by peace officers of this state shall also be applicable to law enforcement officers of the commission. Such law enforcement officers may enter upon any land or waters of the state for performance of their lawful duties and may take with them any necessary equipment, and such entry will not constitute a trespass. It is lawful for any boat, motor vehicle, or aircraft owned or chartered by the commission or its agents or employees to land on and depart from any of the beaches or waters of the state. Such law enforcement officers have the authority, without warrant, to board, inspect, and search any boat, fishing appliance, storage or processing plant, fishhouse, spongehouse, oysterhouse, or other warehouse, building, or vehicle engaged in transporting or storing any fish or fishery products. Such authority to search and inspect without a search warrant is limited to those cases in which such law enforcement officers have reason to believe that fish or any saltwater products are taken or kept for sale, barter, transportation, or other purposes in violation of laws or rules promulgated under this law. Any such law enforcement officer may at any time seize or take possession of any saltwater products or contraband which have been unlawfully caught, taken, or processed or which are unlawfully possessed or transported in violation of any of the laws of this state or any rule of the commission. Such law enforcement officers may arrest any person in the act of violating any of the provisions of this law, the rules of the commission, or any of the laws of this state. It is hereby declared unlawful for any person to resist such arrest or in any manner interfere, either by abetting or assisting such resistance or otherwise interfering, with any such law enforcement officer while engaged in the performance of the duties imposed upon him or her by law or rule of the commission.

(2) The Legislature finds that the checking and inspection of saltwater products aboard vessels is critical to good fishery management and conservation and that, because almost all saltwater products are either iced or cooled in closed areas or containers, the enforcement of seasons, size limits, and bag limits can only be effective when inspection of saltwater products so stored is immediate and routine. Therefore, in addition to the authority granted in subsection (1), a law enforcement officer of the commission who has probable cause to believe that the vessel has been used for fishing prior to the inspection shall have full authority to open and inspect all containers or areas where saltwater products are normally kept aboard vessels while such vessels are on the water, such as refrigerated or iced locations, coolers, fish boxes, and bait wells, but specifically excluding such containers that are located in sleeping or living areas of the vessel.


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## Spear (Oct 6, 2007)

Thanks, I didn't know that. It seems Part2 makes it questionable whether he had the right to inspect some of those areas though.


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## Spear (Oct 6, 2007)

Thanks, I didn't know that. It seems Part2 limits inspection to only areas where fish are normally stored. He checked everywhere on the boat. Did he have a right to do that?


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## lastcast (Oct 12, 2007)

That part is probably true. People don't"normally keep" fish in hidden compartments while on the water. Therefor they shouldn't check those places, berthing or containers stored there.


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## Boatfly (Mar 20, 2014)

As for the kids dangling feet over the bow, I think it is dangerous. How quickly can you stop your boat if someone falls in? The boat will be over them almost instantly with a possible head strike, and in the captain's panic, what will he do with the engine and the blender that it controls? Life jacket or not, that overboard person is going to get hurt or killed. I had some kids jump off a tube while underway, and the monitor didn't notice it, they were in the path of an oncoming boat that wasn't watching. I put my boat between the kids and the other boat before it got to the kids. 
Like they say in my business, there are OLD XXXXX, and BOLD XXXXX, but there aren't any OLD BOLD XXXXX, don't use your confidence and experience on the water to ignore caution.


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## dockmaster (Sep 27, 2007)

I can remember in my very first CG training boating safety classes (before we carried weapons) in the early 70's pics, of feet dangling bow riders and how that an auto stop....

Sent from my VS986 using Tapatalk


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## Burnt Drag (Jun 3, 2008)

Corpsman said:


> Honest question... I do this ALL THE TIME at idle speed from the mouth of Chico to Daybreak. My kids dangle feet the whole way. Is there a rule or law against it? Does this seem dangerous to anyone? I am uber-parinoid with my kids on the water but this has always seemed like ultra low risk activity. Hell, folks are making is sound akin to having them in a car without a seat.


 I was motoring my boat back to the dock at Southwind with passenger dangling their legs over the bow. FWC pulled me over and wrote me a warning ticket. The bow of my boat is 6 or 7 feet off the water. I wasn't happy about getting the warning, so the only logic I could apply was that if I hit something like a bridge or seawall, I'd cut off the legs of my passengers. As for fisheries checks, they should be able to check if it's evident they've been fishing.


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