Tuna Regulation Question

blast and cast · 07-14-2003, 04:17 PM

Not to open a can of worms, so for those that want to stay out of the mix, just ignore.

I know that in most cases, more times than not, people run numerous rods and/or handlines for tuna, typically more that the number of people on board the boat. I will be the first to say that I have done it. But is it legal?

On page 91 of the regulations Rule #3 states "Persons coming ashore in Oregon with ocean caught fish or shellfish are subject to all Oregon sport fishing and licensing regulations."

On page 12 of the regulations Rule #1 of the General Regulations states that the following are unlawful- "use of more than 1 rod or line when angling any fish. Rods or lines must be closely attended."

This would seem to me that by the letter of the law, only one line/rod per person for tuna fishing.

Anyone else have some thoughts???

Joey
blast and cast

Sea Jypzee · 07-14-2003, 04:19 PM

I fish with one rod/reel when I'm solo. :grin:

[ 07-14-2003, 05:26 PM: Message edited by: Sea Jypzee ]

Miss B Haven · 07-14-2003, 04:39 PM

You're right- it is illegal. Even though you are out of State waters, Oregon has the right to impose laws upon you outside that limit if you land in an Oregon port. Since they have no real jurisdiction out there how many game officers are there? Not many, but ones all it takes right? :depressed:
Partially through the efforts of people on this web site(thanks folks) there is an effort to change that law as well as the "no chumming" law to better align this fishery with identical fisheries but different regs up and down the coast.

PBR Streetgang · 07-14-2003, 06:33 PM

I'd like to see them enforce that one. Territorial waters are 3 miles and all a game trooper is going to get from me further out is a nice wave from me. I was wondering why the state police hung out fairly close to the shore, near the Newport jetty until I figured out their jursdiction ended at 3 miles.

irondog · 07-14-2003, 09:08 PM

Good stuff PBR!

Chum King · 07-15-2003, 12:12 AM

Keep in mind that the authority of the Oregon State Police does not end at the three mile territorial boundary.

Because the State of Oregon has entered into a cooperative agreement with NOAA Fisheries (formerly the National Marine Fisheries Service) many of the OSP game officers have been duly authorized to enforce the provisions of the Magnuson Act within the Exclusive Economic Zone (EEZ). In other words out to 200 miles for species that are managed by the Pacific Fishery Management Council, and that means most marine species including coho, chinook, lingcod, etc.

OSP game officers are regularly found boarding vessels at the deep water halibut holes in the all depths fisheries. They are probably more likely to be found within three miles simply because that is where the majority of the anglers are usually fishing for marine fish species.

Since we pounded this issue to death last fall, I won't go into all of the details, but suffice it to say that if you are on an Oregon licensed vessel at sea within 200 miles of shore, OSP has the authority to board and inspect your gear, catch, etc. You are also subject to all of Oregon's angling rules that are applicable to the fishery you are participating in. That includes only one rod or line per angler.

As Miss B Haven pointed out, there is a proposal to make some exceptions to the rules for "tuna anglers". These proposals will be considered by the Oregon Fish and Wildlife Commission at their August meeting in Astoria. A thread discussing these proposals can be viewed here: Tuna Regulation Discussion

If you are interested in seeing these proposals being turned into regulations, I suggest that you plan on attending the Commission meeting and presenting testimony. These proposals are a big leap, and are sure to be controversial to some.

Capin' Dan · 07-15-2003, 01:15 AM

I think that if you look a little further you will find that OSP does not have the right to board your vessel without probably cause just like they do not have the right to search your vehicle without probably cause. Just because you are out on the water is not probably cause.

Pete · 07-15-2003, 04:37 AM

If you have an Oregon fishing license, you have agreed that it is unlawful to deny ODFW employees, peace officer or landowner opportunity to inspect license and catch. Just as a practical matter, it isn't uncommon for law enforcement officers to conduct a safety inspection of boats. I believe that is voluntary, but if you were to deny access, it could be construed as probable cause. What's the issue anyway? Is there something to hide?

OceanBlue · 07-15-2003, 07:39 AM

Whether or not you are likely to be boarded, OSP is likely to enforce or ODFW might change the regulations in the future, you need to know what the letter of the law is and decide for yourself whether you will operate within it or outside of it.

If you decide to operate outside the letter of the law, my recommendation is that you keep that to yourself and definitely NOT post it here.

1 rod or line per fisher
No chumming
Fish landed at port whole
25/angler/day

Nothing wrong with running teasers without hooks, though (that I'm aware of)

ChumKing - when is the topic on the agenda before the commission? I want to be sure to get it on my calendar. Thanks!

Chum King · 07-15-2003, 09:24 AM

It is currently listed as the third item on the agenda for the August 8 meeting (as forecast from the July Commission meeting). It will be included under the item titled "2004 Oregon Sportfishing Regulations". The Commission meeting schedule is available online at Commission Schedule

You should check the agenda about a week prior to the meeting to confirm the final agenda.

MasterMariner · 07-16-2003, 01:36 PM

I would double check with OSP HQ to get the scoop from the horses mouth. Probably a good idea to check with them on how they enforce the laws and interperete their authority and jurisdiction.
The guy to call is LT Dave Cleary at OSP HQ in Salem (503)-378-3720.

The above number will get you to the switch board and then you just have to ask for him.

Hook-up · 07-17-2003, 01:16 AM

Welcome aboard MasterMariner. Did you think you could sneak on here with out the required story you need to tell when you first start posting?

Nofish · 07-17-2003, 03:20 AM

Getting back to the probable cause issue...fish and wildlife law enforcement officers apparently have fall under a whole different category. If an OSP officer sees a fishing rod or any fishing equipment, that gives them probable cause to make a stop and even conduct a search. Then of course, there's always the obligatory boat inspection mentioned above.