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Donnie Full Grown Flour Bluffian

Joined: 06 Mar 2006 Posts: 1248 Location: Near pins
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Posted: Wed Aug 16, 2017 8:16 am Post subject: |
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| manuel9622 wrote: | | Best fish fry ever. We would cook trout after being out on the water a few hours. I wanted to make sure we weren't doing anything illegal. So I asked a game warden when they approached our pier and that's what he told me. |
I am going to try to contact one in our area and ask the same question you asked, and then if I get the same answer, go for the "why?" - what law states something like that and why? |
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Central Scrutinizer Full Grown Flour Bluffian

Joined: 14 Jul 2009 Posts: 3585 Location: Flour Bluff
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Posted: Wed Aug 16, 2017 8:19 am Post subject: |
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Not to lob grenades, but the Wardens have a tough job and they enforce the Laws as written. Your table set-up for whiting makes sense, especially without any size or bag limits for that species.
But if you also have a few trout or reds in a cooler, (maybe a possession limit?) and your are steadily fishing (for whiting, mind you, the trouts and reds are lagniappe), AND you have some fresh fillets cooking in the pan, how does the Warden discern what species you are cooking?
The Warderns are not there to hassle you, merely to protect State resources, under the rules and regulation that hopefully everybody abides by (snicker, snicker, snort, snort.......Said the jetty fisherman during the fall red drum run!!! ). |
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HungerBuster Flour Bluffian in training
Joined: 07 Mar 2006 Posts: 371
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Posted: Wed Aug 16, 2017 11:17 am Post subject: |
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If you read the regs closely (they're not well written, maybe on purpose, but that may be giving too much credit), once your catch is at its "final destination," the possession limits go out the window-- the fish are no longer in "possession," whether you are still actively fishing or not. However, the daily limits do NOT change-- it becomes a scouts honor issue on that.
When we fish PINS and camp for 5/6 days, we generally do not worry about possession limits or filleting on the beach as it is a "final destination." However, it doesn't take a genius to figure out that if two guys are fishing and they've been down island three days and have 20+ red fillets in the box, they are going to have issues.... Of course, while theoretically possible, I've never had that kind of production over a short enough period of time to worry about it. Simply put, that's a LOT of fishing and I'd rather spend that extra time enjoying the island over a scotch and cigar...and some fresh red fish ceviche! _________________ Fish ON! |
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Donnie Full Grown Flour Bluffian

Joined: 06 Mar 2006 Posts: 1248 Location: Near pins
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Posted: Wed Aug 16, 2017 11:25 am Post subject: |
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| HungerBuster wrote: | If you read the regs closely (they're not well written, maybe on purpose, but that may be giving too much credit), once your catch is at its "final destination," the possession limits go out the window-- the fish are no longer in "possession," whether you are still actively fishing or not. However, the daily limits do NOT change-- it becomes a scouts honor issue on that.
When we fish PINS and camp for 5/6 days, we generally do not worry about possession limits or filleting on the beach as it is a "final destination." However, it doesn't take a genius to figure out that if two guys are fishing and they've been down island three days and have 20+ red fillets in the box, they are going to have issues.... Of course, while theoretically possible, I've never had that kind of production over a short enough period of time to worry about it. Simply put, that's a LOT of fishing and I'd rather spend that extra time enjoying the island over a scotch and cigar...and some fresh red fish ceviche! |
My interpretation is 'final destination' is where I sit down to fillet. And while I am doing it, there are fish skin, carcasses, etc. all around me, usually until I am done. Then I go and feed the circle of life - usually out in the water, sometimes to the birds and coyotes. I figure if a game warden comes up, they can check easily enough what I have, but whats laying around me. I am not carrying this stuff home to Annaville to clean and dispose of. But the way my fishing has gone recently, its not going to be an issue anyway.
DonnieS |
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Central Scrutinizer Full Grown Flour Bluffian

Joined: 14 Jul 2009 Posts: 3585 Location: Flour Bluff
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Posted: Wed Aug 16, 2017 12:54 pm Post subject: |
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| HungerBuster wrote: | | If you read the regs closely (they're not well written, maybe on purpose, but that may be giving too much credit), once your catch is at its "final destination," the possession limits go out the window-- |
From the Regs - "While fishing, it is illegal to be in possession of more fish than the daily bag limit or fish that are within a protected length limit".
Unless you permanently live on the Island, you are not at your 'Final Destination', so in my mind, it's not all that gray. It's the While Fishing part. You may get away with the grill setup on your back patio on one of the canals on the Island. but I would be careful down on PINS or at a cabin.
That said, a nice attitude to an inquiring Warden goes A LONG WAY to avoid the A-HOLE Ticket. (And that's a real thing, too!) |
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Central Scrutinizer Full Grown Flour Bluffian

Joined: 14 Jul 2009 Posts: 3585 Location: Flour Bluff
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Posted: Wed Aug 16, 2017 1:04 pm Post subject: |
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| Donnie wrote: | | My interpretation is 'final destination' is where I sit down to fillet. ..... DonnieS |
There would be you trip up, Donnie. I would refer you to Page 28 of the most recent TPWD Outdoor Annual, in the Definitions section.
Specifically,
Possession Limit:
The maximum number of fish a person may possess before returning to their residence. Possession limit is twice the daily bag on game and nongame fish, except as provided in this guide, and does not apply to fish in the possession of or stored by a person at their residence.
Residence:
A permanent structure where a person regularly sleeps and keeps personal belongings such as furniture and clothes, but does not include a temporary abode or dwelling such as a hunting or fishing club, or any club house, cabin, tent, or trailer house or mobile home used as a hunting or fishing camp, or any hotel, motel or rooming house used on a temporary basis. |
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Donnie Full Grown Flour Bluffian

Joined: 06 Mar 2006 Posts: 1248 Location: Near pins
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Posted: Wed Aug 16, 2017 1:42 pm Post subject: |
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The fish I would be most likely to fillet and cook out on the beach is whiting, not be cause I am worried about cockamamie rules, but because a) thats what I catch the most, b) they are the simplest to cook. If I ever figure out trout in the surf again, I will most likely be doing the one-legged jig on the beach, rather than cooking, anyway.
DonnieS
p.s. I have two legs btw, one is just better than the other. |
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Donnie Full Grown Flour Bluffian

Joined: 06 Mar 2006 Posts: 1248 Location: Near pins
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Posted: Wed Aug 16, 2017 1:53 pm Post subject: |
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| What a goofy edit - I used the word "c o c k a m a m i e" - and the messageboard software converted that to "sheboygan". Is that word (separated by spaces) a vulgar word somewhere ? |
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bd0202 Member White Shrimper Boot Club

Joined: 11 May 2017 Posts: 698 Location: SATX
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Posted: Thu Aug 17, 2017 2:21 am Post subject: |
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| Donnie wrote: | | What a goofy edit - I used the word "c o c k a m a m i e" - and the messageboard software converted that to "sheboygan". Is that word (separated by spaces) a vulgar word somewhere ? |
I'm gonna guess it's the " C O C K " part it's hitting on...
Anyway, my two cents on this issue:
My dad and I have been coming to PINS and all over northern Padre/Mustang since I was knee high to a ruptured duck (my dad actually lived down here for many years when he was younger), and our personal policy to this very day is that we clean our fish (regardless of what we caught) - and sometimes even cook - when we're done fishing, we clean/fillet on (or near) site and return the parts that we do not consume/plan on using to the waters which it came from. In the very least, it'll provide some crabs, fish, seagulls, or pelicans a snack. Yes, we have encountered game wardens and park rangers and NONE of them have ever had issue with the way we've done things, game fish or otherwise. Maybe that's because we stored our daily PROCESSED catches after each day at our motel or camp site and didn't continue to bring them with us to active fishing grounds (even if they were only 100 ft or 10 miles away)...
To me, this makes way more sense than the interpretation of "final destination" being a home that might be in San Antonio or even further north, especially when the entire ideology of having limits on catches of species involves the continuation of the species and marine life in general. It makes far much more sense to return the unused parts to the sea than to a trash can or garbage disposal. I guess if one really wanted to be a stickler about it, they can count the fillets (2 per each fish "claimed" by the accused party if not 'cleaned whole' - this is where modern technology and pictures might help).
If you're done fishing, no lines out, all rods stowed for travel, I don't think they're going to harass you too much unless you seem to have far more meat than what would be considered "reasonable" for your total trip time.
On a side note, even to this day I always make an effort to dump old/rotted/re-frozen bait I've not used into the water rather than a trash can. It's not the same as a game fish I know, but my thought process is the same.
Another side note: Yes, it is a bit of an honors system, but honest fisherman are not going to threaten their reputation and life's passion on being labeled a poacher. Those of us that believe in conservation will follow the rules, and if we encounter those that don't, we'll report them and educate them with evidence. We are allies, not threats/suspects/enemies! If you know you followed the rules to the best of your interpretation, you have nothing to hide!
If this were true, would every person that chose to clean their catch on a pier/marina provided catch cleaning station, or that disembarked from an offshore/deep sea boat and paid to have the entirety of his/her catch professionally cleaned, be in the wrong? I highly doubt so. _________________ All things will pass. Have a Blessed day. |
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Donnie Full Grown Flour Bluffian

Joined: 06 Mar 2006 Posts: 1248 Location: Near pins
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Posted: Thu Aug 17, 2017 6:32 am Post subject: |
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I trust that the powers that be have done the research and know what the proper limits are for our waters, and follow those to the letter - though since my return to the waters , it has not been an issue, yet. By that I mean, I have not got close to any limit, except my own exhaustion and thats a happy tired.
Knowing these issues, and knowing whiting dont have these limits, and thats the ones I would use for a beach cook out, there wont be any issues.
Trout and red, require bragging about anyway, and for proper bragging they need to stay intact as long as is safe.
I will clean them out there where I can feed the leftovers to what ever creature whats them.
DonnieS |
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bbxsbs Finger Mullet
Joined: 18 Nov 2009 Posts: 22
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Posted: Thu Aug 17, 2017 8:34 am Post subject: |
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A few years ago a friend of mine with a Land Cut cabin was enjoying an evening of fishing under the lights with his guests. He decided to filet a few trout and dice them up, put them in lime juice and on ice for the next day's ceviche. His guests continued to fish.
The game warden putted in from the dark and proceeded to write him a very expensive ticket due to the no consumption and active fishing regs. The theory is that you could be catching beyond your daily limit by cleaning the fish. Had they not been actively fishing there would have not been a citation issued. |
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panthera Horse Mullet
Joined: 26 Jul 2007 Posts: 185
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Posted: Thu Aug 17, 2017 9:07 am Post subject: |
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| Questions. If I want to cook fish on the beach and I have brought it from home in sealed bags with a catch date marked on the bag previous to that days fishing, can I cook and eat my fish? If I have a picture of the bags taken before I leave will it hold up in court? Next, if I have shark rigs set that have taken hours to deploy do I bring them in and stow them so I can enjoy a fresh fish meal to avoid a ticket. Can I still get a ticket if I brought snapper, tuna, catfish, marlin whatever if I eat them while I am still fishing? Thanks guys. |
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HungerBuster Flour Bluffian in training
Joined: 07 Mar 2006 Posts: 371
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Posted: Thu Aug 17, 2017 1:03 pm Post subject: |
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Not to belabor the point, but-- once you land a fish on PINS, it is no longer in your "possession" under the regs. It has already reached its "final destination," the beach. Possession limits go out the window at that point. The only thing remaining is your daily limit. It is one of the advantages of fishing on the beach. You don't have to worry about the archaic interpretations of "possession." I fish all the time with fish in the box on PINS and like others, I have never had a warden take issue with it. The most they have done is ask to see a fishing license. And when we go down, they know we've been there several days-- two GP Mediums and a M1948 Mess tent aren't being brought down for an overnighter. We stay darn near a week or more. The regs are not well written, but you gotta start with what they say--once little fishy is "home," they are no longer in "possession" under the regs. And it makes sense. Otherwise, why ever camp on the beach? _________________ Fish ON! |
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Txiclass
Joined: 17 Aug 2017 Posts: 1 Location: Helotes, tx
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Posted: Thu Aug 17, 2017 2:05 pm Post subject: |
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| bbxsbs wrote: | A few years ago a friend of mine with a Land Cut cabin was enjoying an evening of fishing under the lights with his guests. He decided to filet a few trout and dice them up, put them in lime juice and on ice for the next day's ceviche. His guests continued to fish.
The game warden putted in from the dark and proceeded to write him a very expensive ticket due to the no consumption and active fishing regs. The theory is that you could be catching beyond your daily limit by cleaning the fish. Had they not been actively fishing there would have not been a citation issued. |
Similar experience, was on the channel view pier in port a one night and an older couple were cleaning flounder they had gigged when a game warden came out on the pier and wrote them tickets for cleaning their fish on the water |
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