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Live Bait Rules - A Dilemma

What do we do when our favorite live bait is deemed illegal?
We were bottom fishing some twenty miles offshore over an artificial reef, using small live fish for bait. One of our favorite live bottom baits is a small vermillion snapper - a beeliner. Grouper and red snapper love these fish, and I have used them for years - that is up until now.

Over the horizon they came. Running in what appeared to be a confiscated drug running boat, the DNR folks headed right for us. It was a weekday and we were the only boat in site fishing the reefs. I had no idea number one that they would venture this far offshore. Being a state agency I thought their jurisdiction ended at three miles. Number two, I had no idea they were going to board my vessel!

Board they did with my permission. I suspect they would have boarded even without my permission; they were obviously exercised and looking for some thing or person. They went through every compartment in the boat looking – and obviously found nothing. It was about that time that my partner reeled up to check his bait.

We had several small fish on the bait board – ones we had used for cut bait. And Jason had a live, five-inch vermillion snapper (beeliner) on his hook. Officer friendly was not pleased!

He proceeded to tell us the bag and size limit for beeliners – a ten-inch length limit and a total of ten for the creel limit. I had about a dozen or so small beeliners in the live well and eight or ten “legal” ones in the ice chest.

I was in shock and disbelief! I have fished with live bait like this all my life and it never occurred to me that I was violating any laws.

They watched as we released all of the small beeliners form the live well, and then they headed back from whence they came. I got no warning or citation.

I still wonder about that encounter. I have talked to a number of DNR enforcement personnel and they have all told me that while technically it is a violation, they have never personally cited anyone.

So here is my dilemma – do I continue using small beeliners? Do I pitch them when a boat heads my way? Or, do I simply continue fishing the same way I have always fished?

My son fished a kingfish tournament this past weekend. On a Sabiki rig he caught some small bluefish, which he promptly placed on his trolling rigs as bait – and caught several king mackerel on them! Throwing a cast net for menhaden, he netted several small Spanish mackerel. They have been brined and frozen and are awaiting their turn to attract a wahoo or tuna this month.

No one that I have talked to has been stopped like I was that day – and no one has seen state DNR people that far offshore. So, I believe I’m safe to return to my live bait fishing. I do know that charter and party boat captains would all be hard pressed to give up their versions of small live bait!

Posted :: 9:33 PM ::
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