37" Striper, got ticketed, then not....

[fish raptor]

Headed up to the Cape from near Saratoga New York to do some fishing on the boat. Have been going every 2 or 3 weeks for the weekend. This weekend was an exact duplicate of 2 weeks ago. 1 Schoolie, 1 34" and 1 37" striper. All caught on Saturday 7/9/16, returned the schoolie and 34"er and kept the 37" for the table. I only had a 24" cooler and the 37" didn't fit in it too well with 2 bags of ice and I new that I was going out again on Sunday and was confident on getting another so I filleted the 37" and put them in the cooler. Sunday left the motel at 6am not to come back as I was going to head back to new york immediately after my days fishing. So I went to Taylors launch in Buzzards bay. I knew I had to bring the cooler with me to keep any new catch fresh but was nervous about the fillets in it so I video'd the fillets and launch and gentlemen who worked there who helped me launch the boat and the video was time stamped and dated so I had proof that cooler fillets were "brought there" and from day befores catch plus I had a picture of that 37" fish draped over my mako's 35" wide seat proving size which was also was dated and time stamped on my cell phone.... saturday 11am July 9th.

So I went fishing in Buzzards bay and only caught a dog shark, was surprised not to get anything. it was 5pm and i headed back to Taylors launch taking the boat out of the water when the Enviromental conservation officer pulled up in his truck. I took the boat out of the water... pulled pass him and stopped to strap boat down and get things ready for trip back home to new york as my fishing vacation was over. He pulled up along side me as I was tidying my boat up and asked "how'd you do".... I advised got skunked today except for dog shark but had a good day yesterday....1 schoolie, 1 34 which I returned and a 37"er which I kept. He asked where it was and if it still had the skin on it ????? I told him in the cooler but I had to fillet it as there was no room for another fish if I caught today because of it's size and yes it still had the skin on it. He asked if he could see it so I got the cooler for him. He looked at the 2 fillets each 2 feet long and seemed to get very frustrated and called his leutenant. After a long conversation with his boss he came over and advised he was going to fine me $120 dollars. I asked him why and he said he had no idea if the fish was the required 28" since I filleted the fish. I kind of chuckled and told him " you have to be kidding me" look at the size of those fillets, I told him I had to fillet the fish as I had no room in the cooler in case I got another one and also told him I video'd the fillets prior to getting on the boat with time and date stamp proving they were brought in the truck to the launch this morning plus I had a picture of the 37" striper on the seat of the mako (draping over each side of the 35" wide seat) which proved huge size and also time and date stamped saturday 11am the day before. He said that I could not prove size of fish ? He said I should have left it intact, not filleted it. I asked him since I am from New York when I caught a fish at the Cape when can I fillet it and after a very long time he finally stated that I should wait till I get back to New York to fillet it. ?????? So I asked him.... if I left it in the back of the truck would that have been O.K. and he said NO.... we have the authority to check truck. So I asked him.... how would I prove to you that I caught one fish on saturday and another on Sunday (if I got one) and he said he did not know the answer to that??? I told him I stay at a motel and hence when I leave early Sunday morning to go fishing I HAVE to bring all of my belongings with me including the fish that I caught .... so if you telling me I can't leave fish in truck (filleted or not) and I cannot bring cooler on the boat to keep Sundays fish fresh what do I do... He did not know the answer to that question which really surprised me and was a little upsetting.

He called his leutenant since he was a "newbie" (ie. only started in noverber) and his leutenant advised he was coming over to Taylors launch to assess the situation. We waited about 20 minutes or so for his boss to arrive. After a 5 minute pow wow with the 1st officer the leutenant came over to me and advised they would have to fine me the $120. I told him that anyone with any knowledge of fish what so ever could easily EASILY tell that those fillets were from a HUGE fish, so with that he asked to see the fillets. When the 1st officer pulled out the fillets from the cooler and placed them on the tailgate of the truck the leutenant quickly realized that it was a BIG fish so he pulled the 1st officer aside for a second pow wow. He came back and told me they were going to let me go BUT.....they were going to keep the fillets for the "homeless people"......

So..... even though I had a time/date stamped video...
a Picture of the 37" fish draped over the makos drivers seat EASILY proving it's huge size also time and date stamped.....

I got stung...

My boat registration was in order...
My fishing license was in order....
and I was very polite....

and to this very second I still don't know how I am going to go to the Cape for the weekend (leaving Sunday night) fishing both Sat and sun and be able to bring home 2 fish without getting fined.....since I will have to have both fish in my possession on sunday..... and in regards to the 1st officers comment that I should not fillet the fish till I get back to new york ??? what if I come up to the cape for a 3 or 4 or week long fishing vacation ???? That's crazy.....

Lastly, I did shake hands and thank both men for not giving me the 120 fine and even gave them 2 bags of ice to keep MY fillets fresh for the "homeless".

I did tell them earlier that I learned a long time ago from the gentlemen who gave me my pistol safety course..... "USING GOOD DISCRETION AND USING GOOD MORAL JUDGEMENT.... PRECEDES EVERYTHING"

what I am trying to say is these two men were professionals and see stripers almost everyday and it was more than OBVIOUS that the fish was very very big. A 2 foot fish fillet would only require a 2" head and a 2" tail to be legal. when's the last time you saw a fish that produced 2 foot long fillets that only had a 2" long head and 2" long tail ?

I am Including the pic of the 37" fish on the 35" wide seat that I showed both gentlemen.

I was planning on buying a very large cooler capable of holding big fish but everyone knows that it just makes sense to fillet ASAP to get the best tasting fillets plus that still won't solve my (1 per day problem) as I have to have everything with me on the last day?????

I can see that I have to solve this problem before I head back.

I also didn't get the "skin part".... what difference does it make wether the fillets did or did not have the skin on them. He said for identification purposes..... so if I had taken the skin off ????????

[wdmso]

there is a reg you cant have fillet striper on the boat except for charters

and being honest bit you in the back side and being from NY didnt help LOL

[nightfighter]

That sucks, Bernie.

The law/regulation is poorly written, given its intent. It clearly handcuffs the EPO as well as the angler. The DMF needs to address this Catch 22 by clarifying the written regulation. To have two EPOs involved on this inspection in order to get a "ruling" is absurd. Especially on a Sunday, which in my experience, has been the day that the greatest number of commercial violations take place. No way they should have taken your fillets. Do you have paperwork or a receipt for your fillets? Not the officers' fault, but is more than aggravating given the number of years we have now been paying for our saltwater license, AND the lack of teeth the DMF has had in prosecuting poachers, given the slap on the wrist the courts have given to dismiss even their more prominent cases.....

Your post needs to be copy/pasted and sent to DMF director by all who have paid for their saltwater license. We are due an explanation.

[BigFish]

If they found no wrong doing (they obviously did not fine you) they should not have kept the fillets......and I bet more than likely they got tossed in the garbage or they took them home!

[pbadad]

What BS. You did the right thing documenting. I guess a bigger cooler and keeping the racks may be the answer.

[Guppy]

On the way in next time with a fish give the ep's a call and ask them to meet you to verify the fish and explain why.......

See how that goes

[Cool Beans]

Keep the carcass in a garbage bag to show its from that fish, and if the carcass is all stinky from sitting in the hot car overnight that would prove it wasn't Sundays catch. Better yet keep the stinky carcass sealed in a bag in the trunk so its not even on the boat. When they ask to see it, you take them to the truck to show them, again proving its from Sat and not Sun.

Just pray the bag doesn't have any holes in it, or your vehicle will smell even fishier than normal.

[MAKAI]

Common sense is an oxymoron.
Posted from my iPhone/Mobile device

[BigBo]

Without the carcass, they want to see the skin to prove what species fish fillets you are holding.
Posted from my iPhone/Mobile device

[Nebe]

One can be short sighted and say these clam cops are morons but I commend them for doing their job.
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[numbskull]

The law is clear, you broke it, they treated you well.
You should count yourself very fortunate you did not catch and keep another fish on your second day. Would you have expected them to buy your story of having caught the first fish the day before if you had?
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[piemma]

This whole &^%%$ing thing is absurd. There's guys poaching everyday. There are RI guys fishing in Mass during the Comm season. There are Mass guys fishing in RI during their Comm season. They all get away with much bigger infractions.

EP cops have to bust some recs balls over 2 fillets??? Ridiculous!!!

[FishermanTim]

I guess that when it comes to EPO's there is no right answer?

They don't check people at boat launches then their not doing their job, and when they ARE checking their doing the WRONG job???

I wonder how many times these officers here the same "stories" regarding fish fillets of questionable sized fish?

Surely no one has used the "I caught that fish yesterday" or "That fillet was from a big fish (or from a fish with no restrictions)"

Basically you screwed up and were fortunate that the Lt. had the knowledge to know the fish was a keeper. The fact you had the fillets with you on the boat was the problem, as it falls under the "possession" portion of the rules. Had you caught a fish on Sunday and kept it they could have gotten you for exceeding the daily limit.

Consider yourself lucky, and plan better next time!

[bassballer]

Originally Posted by piemma

This whole &^%%$ing thing is absurd. There's guys poaching everyday. There are RI guys fishing in Mass during the Comm season. There are Mass guys fishing in RI during their Comm season. They all get away with much bigger infractions.

EP cops have to bust some recs balls over 2 fillets??? Ridiculous!!!

i agree with Paul. 2 fillets??? Lot of bigger infractions to be chasing. rediculous

[beamie]

As Numbskull said the law is clear...............

Aside from that, yes the EPO's get absurd with the small stuff vs the big picture.

Skinning at sea is not allowed and reportedly you have to take the fish home, "home" not home port etc to remove the skin, gets ridiculous.

Sometimes there are separate rules for charters, not sure why that matters. Everyone should be treated the same.

Had a trip a month ago where we skinned all the haddock. Knowing we were not suppose to, but we saved every frame and skin, lobster bait. The EPO didn't like that.

IMO every EPO should be trained to know what a skinned filet looks like between species of cod, haddock, bass, pollack etc. If you have filleted enough fish you can tell.

They are trying to do their job. It is just that it seems they are not getting the big picture. Secondly, it has been my experience that initially they really come on as very intimidating like you are a criminal already, then lighten up a bit.

And it often seems they do not have answers to all your questions. For the hell of it I was there when we asked this question. If 3 guys plus a 1 year old baby are onboard it is ok the keep a limit for 4 people correct. And then came, but the baby cannot hold a rod.....but it is a person.............yeah it gets absurd. How about if your wife is pregnant, that is a person right, one more limit.......right.

[Rmarsh]

Originally Posted by piemma

This whole &^%%$ing thing is absurd. There's guys poaching everyday. There are RI guys fishing in Mass during the Comm season. There are Mass guys fishing in RI during their Comm season. They all get away with much bigger infractions.

EP cops have to bust some recs balls over 2 fillets??? Ridiculous!!!

Yes it is ridiculous......... the law is the law but...we still need to see what the penalty is, if there is one, for the biggest poacher of all time.....Carlos Rapheal.....so far nothing.
You see...if you are a huge poacher with lots of money and a pocket full of lawyers you skate, and keep the six million you stole.

[Sea Dangles]

I was surprised about the guys fishing BI who got summons and fish confiscated because they had not clipped the fins of fish they were keeping. I understand they were MA comm guys, but they were boarded at night while still fishing...
Posted from my iPhone/Mobile device

[Nebe]

Someone dropped a dime
Posted from my iPhone/Mobile device

[fishbones]

Originally Posted by Nebe

Someone dropped a dime
Posted from my iPhone/Mobile device

That's what happens when you shoot your mouth off too much and act like a tool.
Posted from my iPhone/Mobile device

[Nebe]

Originally Posted by fishbones

That's what happens when you shoot your mouth off too much and act like a tool.
Posted from my iPhone/Mobile device

No. That's what happens when you break the law. There are eyes out there and people keep track of who is who.
Posted from my iPhone/Mobile device

[tysdad115]

Damn New Yorkers killing all the fish!!!! Count yourself lucky Bernie they didn't tow your boat!

[BigFish]

As usual its the D-Bags that "F" it up for everyone else!!

[JohnR]

Sucks but it could be worse. The rules are in place to catch people doing bad things - which you were not - but the rules are the rules and must be adhered to be in compliance.

Sucks but that is the way it is.

Keeping the skin helps.

[PRBuzz]

Many times when I catch fish I fillet them at home, if trash pickup day is not the next day they get frozen and usually dumped in the saltwater my next boat trip. I still get nervous having (frozen) racks on the boat if an EPO were to check me heading out

[Green Light]

I just tell them I am Portuguese. Not sure why, but it helps. All joking aside, I am glad it worked out for you.

[Rockfish9]

as others have said.. by the letter of the law you were in violation.. even though technically you were legal.. we complain when the EPO's don't ticket people.. we complain when they do.. IMHO you were treated fairly.. they could have summonsed you ( and made it stand) and let a judge sort it out.. costing you a lot of money.. they also could have confiscated everything you owned.. by taking your fish they still doled out a punishment but as a teaching moment... you get the message and get to fish another day... as I read the law.. it says possession of striped bass to be 1... not a daily limit of 1.. so as I read it.. if you have one in your freezer and keep another.. you are technically in violation...more fodder for discussion..

A 1" patch of skin leaves no doubt as to the species of fish involved... it can be removed at home easy enough and run through a garbage disposal or flushed down the toilet... or even dried in the sun then thrown out with the trash.... my wife likes the crispy( fried or grilled) skin so I don't have that issue...

[stripermaineiac]

Mass has gotten rediculous with laws that are a secret so to speak. This is almost as stupid as the freshwater rule in some Maine rivers. You can't fish down stream of the red marker -covered by trees- on the left bank of the river. I don't keep much but to have to keep the rack is nuts to prove you caught a legal fish when your on vacation.Deal with the problems and stop trying to make sportfishermen criminals to cover your ass an not chase the ones really breakin the law. I get my permit at the show every year. Same answer every year . The purpose of the permit is to balance out the federal money to be handed out by the number of fishermen who have a permit. Commercial rules are for commercial fishermen not sports fishermen. Does the stupidity ever stop.

[bobber]

my experience with (CT) fish cops has never been positive- they seemingly are pissed even before they say hello...


its funny, because I try to be friendly and understanding that they are doing a difficult job and are enforcing laws to protect the outdoors that I enjoy so much.


if you watch the game warden TV shows on TV, they sure seem to spend a lotta time pursuing tiny problems.

[MakoMike]

The law is the law, you're not allowed to filet stripers at sea, and you are not allowed more than one fish in your possession. In RI you have to clip that fin ASAP after the fish is boated. It all may seem picky, but there are rules for a reason.

[FishermanTim]

His only problem was having the filets on the boat.

Was it a stupid mistake? sure, but we've all made stupid mistakes.
Was it fair for them to take his filets? I'd say NO, but I'm not an EPO.
Should they be pursuing "bigger fish" at the docks (bigger offenders)? Yes, but maybe they were scheduled to oversee that boat launch that day?

Are there an ever-increasing number of asinine rules and regulations to screw up anyone trip? By all means YES!

My important question: Have we seen any increase in the number of EPO's patrolling our waters, or are we just seeing the existing numbers tooling around in brand new toys???
I'm just trying to figure where all out license money goes, since it appears that it could be used for "other" purposes.
I haven't seen any new patrols, either fresh or salt at all, so I ask if anyone else can verify that they have added to their field staff?