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Old 05-09-2011, 11:36 AM   #1
Diverboy067
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Your interpretation on when/where you can take grouper

We were out diving over the weekend and had a small debate on where/when it is legal to take grouper. I said as long as we stay within 9 nautical miles (St Pete/Clearwater area) that we could take grouper, but we couldn't take any if we were going to go out past 9 miles. My friend said we could take them on the way out or the way in, as long as we took them within 9 miles. I said no, if the boat has been out past 9 miles and they tracked us on radar (not very likely) or they looked at the chart plotter (more likely) and it showed that we had been out past 9 miles, then we couldn't have any grouper on board. My thought was that even if we picked them up within 9 miles, they could say that we could have gotten them more than 9 miles out. Don't know what the fine/punishment is, but I don't really want to find out. I told my friend since it was my boat, it was my rules and I would stop by the fish market and buy him a grouper if he wanted one that bad. What is your interpretation of the rules and where/when you can take a grouper?
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Old 05-09-2011, 02:14 PM   #2
Alec
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Re: Your interpretation on when/where you can take grouper

I think your conclusion is correct, not worth the risk having fish that are perfectly legal become illegal
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Old 05-09-2011, 02:25 PM   #3
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Re: Your interpretation on when/where you can take grouper

They dont care where you say the fish was caught. DO NOT get caught with a grouper on board past 9. It is fine to go past 9 catch anything you want (legaly) then come inside 9 to get your grouper.
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Old 05-10-2011, 07:45 AM   #4
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Re: Your interpretation on when/where you can take grouper

You can go out past 9 miles (state waters) to get your AJ,mangoes,etc.. No gags. Get your gags on the way back in state waters. If you get checked out past 9 miles be sure to get the officers name,time of day,miles out. Then, if you get stopped at the bridge,boat ramp,etc.. You can show that you were stopped past 9 miles and within the law. They can check, if they want to.
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Old 05-10-2011, 07:01 PM   #5
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Re: Your interpretation on when/where you can take grouper

If you go past the magic line how do you prove that they were taken inside? you cant so your going to get a ticket and see the judge I would not expect you will have any better luck with him. This subject has come up in the past and someone went to the FWC and that was there postion. When you come in and get stopped they will look at your GPS and check you track if you had gone past 9 mi your going to get a ticket. Don't think your going to run 8 miles and then shut off the GPS and then on yourway back in and turn it on.
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Old 05-11-2011, 07:48 AM   #6
JPscuba3
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Re: Your interpretation on when/where you can take grouper

I've asked this very same question to a FWC officer that shops here. He said, "If you're in federal waters and have a grouper on board, you're getting nailed no matter where you caught it. If you're in State waters heading back in, and stopped within 9 miles, you may just getting a warning if there is doubt"
They can check your GPS and see where you stopped, if your GPS doesn't show a stop in state waters at any time, you're screwed. Problem I see with their "laws" is most of the officers enforcing them don't have a clear definition and have alot of movement to how much they want to enforce.
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Old 05-11-2011, 10:57 AM   #7
spearhunter11
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Re: Your interpretation on when/where you can take grouper

im going with everyone else just stay inside 9 miles and your good or try your luck see what happens its not going to matter next month any ways unless they change the rules again.
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Old 05-11-2011, 03:43 PM   #8
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Re: Your interpretation on when/where you can take grouper

why don't you just turn off the gps tracking line feature befor you leave the dock, then there is no way of knowing where you have been, or am I wrong?
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Old 05-14-2011, 07:31 PM   #9
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Re: Your interpretation on when/where you can take grouper

Your buddy is 100% correct. You can harvest groupers in state water and then go to federal water legally.

The problem is - how you gonna prove that you did harvest those groupers in state water? Very hard to impossible to prove so.

In federal water during the closure. Better to wrong (no groupers on board) than be right ticketed (groupers on board).
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