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-   -   Is it legal?? (https://www.njfishing.com/forums/showthread.php?t=58413)

DirtyChimneyMan 05-01-2013 11:26 PM

Is it legal??
 
Just wondering if it is legal to TARGET fluke before the season, and release em all of course, but are you allowed to get em:confused:

1captainron 05-02-2013 06:22 AM

Re: Is it legal??
 
Quote:

Originally Posted by DirtyChimneyMan
Just wondering if it is legal to TARGET fluke before the season, and release em all of course, but are you allowed to get em:confused:

Don't even think about it........:D

ColdFoot 05-02-2013 07:25 AM

Re: Is it legal??
 
It is illegal,.

Jay 05-02-2013 07:26 AM

Re: Is it legal??
 
Looking forward to all the sharpies to comment. LOL!!!! ;) :D

chrislars 05-02-2013 09:02 AM

Re: Is it legal??
 
If you EVER have to ask if something is legal in ANY situation, then I'm guessing to err on the side of it NOT being legal just to be safe. This is a line that should be handed out to every single kid when they get to high school, haha!

I believe there was an article about guys who were fined for targeting stripers out of season in a river not too long ago. Couldn't find it with a quick google search. I did look over the DEP website pretty good and don't see any mention of targeting out of season fish though.

SaltyAngler 05-02-2013 09:49 AM

Re: Is it legal??
 
I always catch them 'by accident'

...10 accidents later. :D :D :D

jerseyhunter 05-02-2013 10:50 AM

Re: Is it legal??
 
How are you going to explain to the CO, tossing dead ones back that are really hooked bad?

Flukinator 05-02-2013 10:56 AM

Re: Is it legal??
 
Quote:

Originally Posted by jerseyhunter
How are you going to explain to the CO, tossing dead ones back that are really hooked bad?

How do you explain tossing dead shorts back when they're in season for the same reason?

Ol Pedro 05-02-2013 11:00 AM

Re: Is it legal??
 
I would think that you can't target them . ( I never seem to catch them when I do anyway). I could be wrong . We catch and release Freshwater Bass during closed Season .

DirtyChimneyMan 05-02-2013 11:02 AM

Re: Is it legal??
 
Thanks guys... Guess I'll wait a couple weeks. Better safe than sorry

Capt. Debbie 05-02-2013 11:45 AM

Re: Is it legal??
 
Mixed thoughts on legality and why.

The fines are based on how many illegal fish you have. So no fish is $0 fine. The law is possession. BUT BUT BUT

BUT BUT BUT. You know you're just going to kill some even with circle hooks. So WHY do it???????????????

jerseyhunter 05-02-2013 12:22 PM

Re: Is it legal??
 
[QUOTEHow do you explain tossing dead shorts back when they're in season for the same reason?

][/QUOTE]
no need to, it's not intentional and there in season. Fishing for a species out of season knowing you could kill them is intentional the way I see it. Why take a chance. It is illegal to take or attempt to take Stripped Bass during a closed season , so why would it be any different for fluke.

makosnax 05-02-2013 01:00 PM

Re: Is it legal??
 
Bass eat bucktails too!;)

Arbutis 05-02-2013 02:09 PM

Re: Is it legal??
 
It is ABSOLUTELY LEGAL to target fish that are not in season. The law tells you how many you can keep, how big they need to be to keep them and when you can keep them - NOT when you can fish for them. It is ridiculous to think otherwise.

It's no different than freshwater bass fishing. Many anglers fish for fluke as a gamefish (catch and release only) and others may be looking for good holes and productive water for when the legal season opens.

Killing fish on purpose is another issue. Accidental deaths may happen but that goes hand in hand with ALL fishing - when you poke a pointed object into a fish there's always a chance it will die.

frugalfisherman 05-02-2013 02:45 PM

Re: Is it legal??
 
Nothing is illegal unless you get caught.

NoLimit 05-02-2013 05:45 PM

Re: Is it legal??
 
I only bucktail for fluke with a light tip so I'm thinking about bending the barbs down a bit

Reelron 05-02-2013 06:02 PM

Re: Is it legal??
 
Would be the same as C & R Togging right now, no?

jerseyhunter 05-02-2013 06:16 PM

Re: Is it legal??
 
[QUOTE ]It is ABSOLUTELY LEGAL to target fish that are not in season]

Even though we're not talking bass

Quote:

Striped Bass Closed Seasons
No person may take, attempt to take, or have in possession any striped bass
from the following closed waters:
Jan. 1–Feb. 28: All waters closed except the Atlantic Ocean from zero to
three miles offshore. All inlets and bays are delineated from ocean waters
by a Colregs Demarcation line.
So you are incorrect, not my wallet that will be hurt ,but read the regs .
Tight lines and good fishing.

stevelikes2fish 05-02-2013 06:53 PM

Re: Is it legal??
 
I could be wrong, but I just read the entire nj digest. The statement above only applies to the Striped Bass.......attemping to catch during closed season is prohibited. I didn't see anything about fishing for the other species during the closed season. So, I could only imagine if you want to go out and fish for fluke, go ahead. Just don't keep em. Looks to be as simple as that. And, if you find, great. My advice, keep it off here. Always seems to start a bunch of b/s every year.

On another note, what did surprise me was the statement in the digest talking about wreckfish, "Illegal to possess, no open season. Like, how do you reel up a wreckfish in 700'+ water while fishing for tiles, barrelfish, etc. and throw the fish back dead. Makes no freakin sense.

Jay 05-02-2013 10:12 PM

Re: Is it legal??
 
Quote:

Originally Posted by stevelikes2fish
I could be wrong, but I just read the entire nj digest. The statement above only applies to the Striped Bass.......attemping to catch during closed season is prohibited. I didn't see anything about fishing for the other species during the closed season. So, I could only imagine if you want to go out and fish for fluke, go ahead. Just don't keep em. Looks to be as simple as that. And, if you find, great. My advice, keep it off here. Always seems to start a bunch of b/s every year.

On another note, what did surprise me was the statement in the digest talking about wreckfish, "Illegal to possess, no open season. Like, how do you reel up a wreckfish in 700'+ water while fishing for tiles, barrelfish, etc. and throw the fish back dead. Makes no freakin sense.

I couldn't agree with you more. I read the same exact statement on the NJ Digest. Only mentions Striped Bass.

a/c steve 05-02-2013 10:24 PM

Re: Is it legal??
 
cant you just fillet and release

a/c steve 05-02-2013 10:28 PM

Re: Is it legal??
 
cant you just fillet and release????

lunkertaker 05-02-2013 10:29 PM

Re: Is it legal??
 
in this state, if it is not expressly stated as legal, I would consider it illegal to error on the side of caution, just saying, that if not clearly stated then you run the risk of interpretation by you know who!:eek:

RussA 05-02-2013 11:53 PM

Re: Is it legal??
 
I know I will be crucified for this but, fish for them. This closed season is bullhockey.

These morons had a 10 year target back in 2001 and literally keep this madness going after it has been proven the stock was rebuilt back in 2007.

I know people will tout it's the law and you need to follow it, well that too is bullhockey.

Look at the striper law, you can have only 2 fish in your possession, but for only $2 more you can have 3, and you keep on buying the extra tag and you keep getting extra fish.

Still think it's about saving fish? Yeah... NO!

Sea Bass are not over fished and reproduce like roaches but they kill you guys with regulation, and you bend over and take it.

Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one."
-- Thomas Paine

Angler Paul 05-03-2013 02:31 AM

Re: Is it legal??
 
Stevelikes2fish is correct. Striped bass are regulated differently and you cannot target them during a closed season. It is fine to c&r most other species during a closed season.

While I agree that some of our regualtions are not fair, I always abide by them. Get invloved and try to get the regulations changed but don't poach. Poachers are nothing more than thieves who are stealing from a public resource. Who is to say that the short or out of season fish that was kept might not have some day grown into a trophy that one of the many honest fishermen might have caught?

aruvio 05-03-2013 02:36 AM

Re: Is it legal??
 
I have to disagree with you all. Targeting striped bass with gulp on the bottom and bycatching fluke is totally legal. Just dont bring the squid and spearing but even than you can get away with it.

Your target is St. Bass and its open. Period ended

Arbutis 05-03-2013 07:56 AM

Re: Is it legal??
 
When is sea robin and skate season? Can't wait! All year round? Great! I hate when I catch those annoying doormats when I'm focusing on the elusive sea robin and skate.

Bluefish closed season? No??? Hmmm. . . Other than chumming bushels of clams, how many methods are there to catch bass without catching bluefish? And who the heck is going to police the ocean during bluefish season?

Bottom line - if it ain't in season, don't keep it. Stupid laws. They should put more pressure on the commercial fishermen that are depleting the stocks of foodfish by the THOUSANDS OF POUNDS every day and leave the recreational weekend warriors to keep whatever the hell they want to keep. All recreational fishermen combined don't even hold a candle to the amount of fish these draggers and netters and commercial fishermen bring in. Someone else already said it but unfortunately it all comes down to MONEY and big business wins every time over the little guy. Bunch of horsecrap if you ask me. IMHO.

Angler Paul 05-03-2013 12:49 PM

Re: Is it legal??
 
You may not target striped bass during a closed season. You may target, catch and release most other species during their closed seasons. This is the law, I am not making it up or just giving my opinion. Anyone who doubts this should ask a conservation officer or research how the laws are written in title 23.

DirtyChimneyMan 05-03-2013 01:01 PM

Re: Is it legal??
 
I apparently stirred up a lil debate...:rolleyes:


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