Question: Does this person need a FIshing License and Lobster Card

Discussion in 'Lobster Fishing' started by geofish, Oct 10, 2020.

  1. geofish

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    If a person is driving the boat while the passengers(crew) are hauling lobster nets, measuring Etc....

    Does the boat driver need a Fishing License and Lobster Card?

    I’ve had passengers not driving and not fishing while we were Hooping on the boat with no problem (boarded...confirmed).....

    But if a person is driving the boat while lobstering, is that considered “fishing/lobstering?”

    Case in point. I have a friend who is up in years with health issues and he can’t physically Lobster. But his grandson wants to go and learn. This Grand Father has years of boating experience and could participate and drive the boat while we do the pulling/lobstering.....yet still a team effort.....

    What say you SD FISH?
     
  2. FishBait

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    Marginal legal advice alert.....


    If he’s not actually pulling on a pot or participating grabbing the bugs or hoops I don’t see how you could get in any kind of trouble.
     
  3. oldfogey

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    It's ok with me G:emoji_thumbsup::emoji_joy::emoji_joy:
     
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  4. William Ritchie

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    Seems it would be ok , the limits of lobster would have to be for those licensed only and would say the " Captain " would not be able to assist in any way including baiting or rope coiling , or gaffing the bouy lines . Just boat handling like hands on the wheel . If licensed fishermen were to gift lobster to the "Captain " I would say he should not take possession of that gift until boat is out of the water and home or the persons participating have left the dock area and are away from the water again at home . Just my thoughts , WR
     
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  5. geofish

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    but legally is driving the boat considered fishing? That’s the question.
     
  6. geofish

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    Yes the peeps pulling the traps would be licensed and the limits would be the people with Lobster cards only......ie 3 peeps, 1 driving and 2 pulling = 14 lobsters (2 limits)......

    Big Butt: How does the law interpret this?

    I have had 5 peeps on board. One passenger only. We had 4 lobster cards and had 4 limits (28 bugs)......Got boarded and it was no issue as the passenger “was just watching/sleeping.”

    However if the driver has no license and is maneuvering around traps as we pull, could that be deemed “Fishing?”
     
  7. FishBait

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    Absolutely not... except maybe in one state... and that just so happens to be the state your in haha.

    All seriousness tho... I’ve fished off my parents boat my whole life, pops never fishes never had a license and we’ve been checked before. He’s never fishing so they never have given him any issue. They just ask if he is he fish and he says no and they move along.
     
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  8. William Ritchie

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    These guys are pretty diligent about checking the phone messages . They have helped me out a couple of times . The CADFW Southwest regional office , (858) 467-4201 , Marine Regional (831) 649-2870 ,even if in the field they will return your call if you leave a message . Hope you get an answer before you hit the water , Good luck out there . WR
     
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  9. doug

    doug Well-Known Member

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    Sorry guys, but yes driving the boat is fishing(take). F&W doesn't mess around during lobster season.

    Fish and Game defines take as: hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill.

    Oh ya, don't forget your boater safety card also! Haven't heard of anyone being checked for that yet, but just a heads up.
     
    #9 doug, Oct 12, 2020
    Last edited: Oct 12, 2020
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  10. camobass

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    I would say yes. In mexico, hell yes lol. If he’s maneuvering to drop and pick up pots, he’s fishing.
     
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  11. camobass

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    Again, it’s completely up to the warden’s discrepancy.
     
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  12. sherpa

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    I called the DF&W to ask if CNF was open and they said no, went to NF web and it said it was open, and they never called me back. So I went Sun am bow hunting and every thing was open, no barricades or road closers, no deer rather except 2 different hunters walking past my blind
     
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  13. Noms

    Noms Dirty taco maker
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    They are checking if you look young enough. At least I feel like that is why my friend and I got checked.
     
  14. Sddodger

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    I’m a greenhorn, but let me throw this out: go to book a trip on the Alicia or Jig Strike, max is 10 (not counting anyone paying just for the ride). So the captain and crew (who I’ve seen is throwing the hoops) aren’t counted, correct?
     
  15. sherpa

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    Call the F&G they’ll answer your question
     
  16. Masshole84

    Masshole84 Active Member

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    Can I buy a second license and fish ten hoops on one boat buy myself?
     
  17. sherpa

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    You can’t have 2 licenses. Think a little bit
     
  18. geofish

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    Nope
     
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  19. camobass

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    That would make it on an episode of Wild Justice for sure
     
  20. Masshole84

    Masshole84 Active Member

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    Damn. I know it’s a ten hoop limit per boat. I thought just maybe I could his that with a second report card =) I guess I will have to bring my HOV lane manikin put a beer in his hand and just tell them he’s dozing.
     
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