International waters?

tracker · 01-12-2006, 06:11 PM

So I think we are in international waters when we are after tuna? If so then does Oregon have any say as to what is brought back from international waters? It is legal to bring out of season fish into a washington port from canada, so could not the reverse be true as to what is brought into Oregon. When you are coming back into Washington from Canada you have to keep moving to your port of entry. No stopping to fish in washington. One spot we fish out there is really outside of washington but far offshore and considered international waters. But if you have Canadian license then you can bring back that limit. Why then could we not bring back a washington limit to a Oregon port. The extension of that is where I am really headed and bring back carked tuna! There is presidence for this because of the decision in Island County pertaining to Salmon coming from Canada into a washington port. I know that washington F&G was not writing sitations when yelloweye were brought back into Washington from canada. They did confiscate the yelloweye for "Research" but no ticket. So what ye all think?

Aqua-Holic · 01-12-2006, 06:37 PM

Tracker....check #3 in the regs.

http://www.dfw.state.or.us/resources...006-marine.pdf

Sebastesgirl · 01-12-2006, 07:04 PM

International waters are 200 nautical miles from shore. I know the tuna were out far this year, did you really fish that far out? The furthest I went was 50 nautical miles (because of gas prices).
With Oregon ports, you have to land the correct limites. You can catch all you want in international waters, but you just can't bring them all back to the docks. Plus, 25 tuna is a ton of fish to bring back in one day! Would you really want to bring more than that back in one trip?

tracker · 01-12-2006, 07:31 PM

My intent is not to bring back more than 25. That would be more than I would want. My intent would be to be able to cark at sea. Anyway I see that it says you are subject to Oregon laws when coming back into a Oregon port. I am sure Washington also has this same law. But point of fact is that because of the ruling by this one Judge that law may not be valid anymore. Just sparking some thought. We must a lawyer out there. Could I be right? I know it would be something that would have to be settled in court but would it be possible?

Paddler · 01-12-2006, 07:43 PM

Tracker, just go out of Washington. No limits, no questions, cark at sea, etc. I plan to do that, and that way I can get away with less ice. In fact, the first year I may not need any ice at all.

tracker · 01-12-2006, 07:45 PM

You still would need ice. The oregon thing is tthat they show up down there first. It just would be nice to have that option.

Paddler · 01-12-2006, 08:01 PM

Gotcha. I ran into a couple of guys on the boat ramp last year in early August who caught ~25 albacore out of La Push. That's what started this whole thing for me. Expensive five minute conversation.

Onokai · 01-12-2006, 08:29 PM

This is my answer for ALL fish and game questions that fall into grey areas are judgment calls by the warden-
all judgment calls go something like this-
Warden usually says we have a problem here-
That means you have a problem not him/her
The judgment is usually not in your favor.
I have seen many go this way at the docks- I have even seen a HSU fisheries professor get ticketed over a disputed salmon species- The judge found that the warden was a bit skewed and gave the prof a chance to bring in coleagues to redeem his case but the prof already blew a day fighting and caved.
The moral is the warden is always right even when wrong.

Tracker -We fish Crecent City (Cal) and can port to Brookings- Oregon- but Oregon regs apply-even if fish are caught in cal waters- The grey areas are stacked against you. -Usually all grey areas turn green from your wallet. Mark

tracker · 01-12-2006, 09:10 PM

Oh I know that for something like this to work you would have to have the money and time to fight it. But it did work for the guy who fought it in Island County. More of a brain stimulator than a real situation. Just something to pass the time till we can get out there.

Serious Fun · 01-12-2006, 09:35 PM

On a similar subject, we got a ticket several years ago fishing for halibut at the Ranch out of Newport. We were 30+ miles off shore and the Newport Sherrif came out there on their Zodiac and claimed we had not filled in our halibut numbers "immediately" upon catching our fish, even though they were filled in before he got to our boat. Now, the question is, where does the Sherrif get his authority to ticket anyone when his jursidiction ended in Oregon State waters at 5 miles? We were in Federal US water and he had no authority or jurisdiction. I confirmed this with the US Fish and Wildlife agent here in the Portland area. Unfortunately the Newport judge did not agree and unless we wanted to file a law suit and fight it, we had to accept his decision and pay the fine. Prudence is the better part of valor and we didn't have the time, or wish to spend the legal fees to defend against the $90 fine. So, we paid it and feel ripped of by our own government. I have never seen the Sherrif out there again, so maybe it made a difference? There are probly good maritime lawyers who could explain all this but the jursidiction question seems to be a real issue.

Sebastesgirl · 01-12-2006, 09:44 PM

That's odd. I think they've changed the laws because or it's different for charter boats because I don't fill out everyone's tags until we're on our way back to port (I deckhand out of Depoe Bay).

As yet un-named · 01-13-2006, 02:08 PM

The county might have a MOU with the "local" office of fish & wildlife, or whoever else has jurisdiction 30+ miles offshore? Might be no reason why someone with fws in Portland would know about it.

Mark Mc · 01-13-2006, 06:51 PM

Sebastesgirl, look at the upper right hand corner of page 14 of the regs:

http://www.dfw.state.or.us/resources...tions_2006.pdf

and the same page of the 2005 regs:
http://www.dfw.state.or.us/ODFWhtml/...nglingregs.pdf

and page 13 of the 2004 regs:
http://www.dfw.state.or.us/ODFWhtml/...4_fishregs.pdf

it says the same thing.....must immediately tag the fish on the license after landing salmon & halibut.

So you might want to edumacate your skipper. Or just sick Lars on him :grin: