#925540 - 03/21/15 02:03 PM
How far offshore is a license required?
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Fry
Registered: 10/22/13
Posts: 37
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DId some research and got inconsistent answers. Figured someone here may know. How far do you need to be from land before a fishing license is not required? Or does a federal license come into play then?
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#925542 - 03/21/15 02:11 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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River Nutrients
Registered: 04/25/00
Posts: 5014
Loc: East of Aberdeen, West of Mont...
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I'd say some kind of license would be required......or else how would you be able to prove where you caught the fish, IF YOU GOT STOPPED ON THE WAY BACK TO PORT???????
_________________________
"Worse day sport fishing, still better than the best day working"
"I thought growing older, would take longer"
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#925557 - 03/21/15 10:32 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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River Nutrients
Registered: 08/26/02
Posts: 4681
Loc: Sequim
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(1) - A license is required in state and offshore waters.
RCW 77.32.470
Personal use fishing licenses — Fees — Temporary fishing license — Family fishing weekend license — Rules.
(1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required for all persons fifteen years of age or older to fish for or possess fish taken for personal use from state waters or offshore waters.
(2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:
(a) A combination license allows the holder to fish for or possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is forty-five dollars for residents, one hundred eight dollars for nonresidents, and five dollars for youth. There is an additional fifty-cent surcharge for this license, to be deposited in the rockfish research account created in RCW 77.12.702.
(b) A saltwater license allows the holder to fish for or possess fish taken from saltwater areas. The fee for this license is twenty-five dollars for residents, fifty-two dollars for nonresidents, and five dollars for resident seniors. There is an additional fifty-cent surcharge for this license, to be deposited in the rockfish research account created in RCW 77.12.702.
(c) A freshwater license allows the holder to fish for, take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty-five dollars for residents, seventy-five dollars for nonresidents, and five dollars for resident seniors.
(3)(a) A temporary combination fishing license is valid for one to three consecutive days and allows the holder to fish for or possess fish, shellfish, and seaweed taken from state waters or offshore waters. The fee for this temporary fishing license is:
(i) One day - Eight dollars for residents and sixteen dollars for nonresidents;
(ii) Two days - Twelve dollars for residents and twenty-four dollars for nonresidents; and
(iii) Three days - Fifteen dollars for residents and thirty dollars for nonresidents.
(b) The fee for a charter stamp is eight dollars for a one-day temporary combination fishing license for residents and nonresidents for use on a charter boat as defined in RCW 77.65.150.
(c) Except for active duty military personnel serving in any branch of the United States armed forces, the temporary combination fishing license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland lake fishing season as defined by rule of the commission.
(d) The temporary combination fishing license fee for active duty military personnel serving in any branch of the United States armed forces is the resident rate as set forth in (a) of this subsection. Active duty military personnel must provide a valid military identification card at the time of purchase of the temporary license to qualify for the resident rate.
(e) There is an additional fifty-cent surcharge on the temporary combination fishing license and the associated charter stamp, to be deposited in the rockfish research account created in RCW 77.12.702.
(4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee for this license is twenty dollars. This license is only valid during periods as specified by rule of the department.
(5) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination.
(6) The commission may adopt rules to allow the use of two fishing poles per fishing license holder for use on selected state waters. If authorized by the commission, license holders must purchase a two-pole stamp to use a second pole. The proceeds from the sale of the two-pole stamp must be deposited into the state wildlife account created in RCW 77.12.170 and used for the operation and maintenance of state-owned fish hatcheries. The fee for a two-pole stamp is thirteen dollars for residents and nonresidents, and five dollars for seniors.
[2011 c 339 § 12; 2009 c 333 § 6; 2008 c 35 § 1; 2007 c 442 § 5; 2005 c 192 § 1; 2003 c 181 § 1; 1998 c 191 § 16.]
Notes:
Effective date -- 2011 c 339: See note following RCW 43.84.092.
Findings -- Intent -- Effective date -- 2007 c 442: See notes following RCW 77.12.702.
Effective date -- 2003 c 181: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 2003]." [2003 c 181 § 2.]
Effective date -- 1998 c 191: See note following RCW 77.32.400.
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#925687 - 03/24/15 07:36 AM
Re: How far offshore is a license required?
[Re: Sal Fario]
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Repeat Spawner
Registered: 09/23/02
Posts: 1188
Loc: Monroe, Washington
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I have been through this with WDFW before. Their perception was that you are landing fish back in Washington so you have to meet the requirements of that port or state law.
Tuna is what brought this up.
_________________________
Join the Puget Sound Anglers Sno-King Chapter. Meets second Thursday of every month at the SCS Center, 220 Railroad Ave. Edmonds, WA 98020 at 6:30pm Two buildings south of the Edmonds Ferry on the beach.
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#925690 - 03/24/15 08:10 AM
Re: How far offshore is a license required?
[Re: Sal Fario]
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Returning Adult
Registered: 08/21/13
Posts: 372
Loc: Tri-Cities, WA
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ONly saltwater exception I saw. Doesn't really help for Tuna. Reciprocity Rules: When angling from a boat in the concurrent waters of the Columbia River or the Pacific Ocean within 3 miles of shore between Cape Falcon, Oregon, and Leadbetter Point, Washington, either a Washington or an Oregon fishing license is valid.
Edited by Swifty27 (03/24/15 08:10 AM)
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#925700 - 03/24/15 10:26 AM
Re: How far offshore is a license required?
[Re: Sal Fario]
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My Area code makes me cooler than you
Registered: 01/27/15
Posts: 4571
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Washington requires that you pay them money.
They don't care after that.
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#925701 - 03/24/15 10:28 AM
Re: How far offshore is a license required?
[Re: Sal Fario]
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River Nutrients
Registered: 11/21/07
Posts: 7734
Loc: Olema,California,Planet Earth
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When you go out of state/country to fish or hunt you will need to prove, if asked, by WDFW, that the animal(s) were legally taken. So, if you fished idaho you better be able to show an Idaho license.
There are, or were, special rules that applied to fishing in Canada. There was a time, recently, where I believe you had to land the fish in Canada before taking it to the US. It was something like that so that one could not leave WA, fish Canada, and return to WA directly. I think, too, that even if had a Canada license that landing in WA, without proof that they were landed in Canada, that WA bag limits applied.
Complex.
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#925719 - 03/24/15 01:23 PM
Re: How far offshore is a license required?
[Re: Carcassman]
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River Nutrients
Registered: 05/27/00
Posts: 2447
Loc: Stumpy Acres
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When you go out of state/country to fish or hunt you will need to prove, if asked, by WDFW, that the animal(s) were legally taken. So, if you fished idaho you better be able to show an Idaho license. Poachers don't.... 
_________________________
If ya can't run with the big dogs stay on the porch!
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#925751 - 03/24/15 06:55 PM
Re: How far offshore is a license required?
[Re: Carcassman]
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River Nutrients
Registered: 08/26/02
Posts: 4681
Loc: Sequim
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See the lower left corner of page 12 in the fishing brochure for rules on Canadian caught salmon and halibut.
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#925753 - 03/24/15 06:58 PM
Re: How far offshore is a license required?
[Re: Timber]
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River Nutrients
Registered: 08/26/02
Posts: 4681
Loc: Sequim
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You're right, poachers don't, but if they are caught bringing wildlife illegally into Washington they can be looking at state charges with the state of origin and the state they returned to and can also be talking with USFWS agents for federal violations of various federal statutes.
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#925787 - 03/25/15 07:49 AM
Re: How far offshore is a license required?
[Re: Sal Fario]
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Three Time Spawner
Registered: 12/29/99
Posts: 1604
Loc: Vancouver, Washington
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When discussing fish and wildlife law enforcement, it helps to remember this old saying: Possession is 9/10ths of the law.
And often in F/W law enforcement, it's 100% of the law. If you land your boat in a Washington port with fish aboard, you'd better have a Washington State fishing license. The issue is not where you caught them. The controlling factor is that you have those fish in your possession. You could have caught those fish in China or Timbuktoo. It doesn't matter. If you are possessing recreationally caught fish, and if you don't have a recreational fishing license from the State you're standing in (resident license or non-resident license), your future fishing privileges and your wallet are at great risk.
Edited by cohoangler (03/25/15 07:52 AM)
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#925863 - 03/25/15 07:04 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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Fry
Registered: 10/22/13
Posts: 37
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Thanks all.
I'll be leaving port A in state A and landing at port B in state B, but will be eating the fish well before landing. Travelling far offshore to do so (that's the route, not doing it to avoid any jurisdiction). So my only issue was with catching them, not landing them at a port. Interesting discussion tho.
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#925865 - 03/25/15 08:02 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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River Nutrients
Registered: 08/26/02
Posts: 4681
Loc: Sequim
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Hmmm.....good question. Will ask one of my contacts.
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#925946 - 03/26/15 02:48 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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Three Time Spawner
Registered: 12/29/99
Posts: 1604
Loc: Vancouver, Washington
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Lemme see if I understand your question.....
You leave Port A in State A in your boat. You enter offshore waters where State jurisdiction no longer applies (past 3 miles). You start fishing. You catch fish. You either release all of them, or you eat all you catch. The point being, you retain none of them. At some point, you return to land in State B in Port B with no fish in your possession. You're asking whether you need a fishing license during the time you're fishing/catching/eating in offshore waters. Correct?
My guess is yes, but I also realize there won't be anyone out there to enforce the requirement. It's outside the jurisdiction of either State A or State B, and the Feds aren't likely to care since you have no fish in your possession, except what's on your dinner plate. And the Feds have bigger fish to fry..... Literally.
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#925951 - 03/26/15 03:03 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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River Nutrients
Registered: 08/26/02
Posts: 4681
Loc: Sequim
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Since a license is required out to at least 200 miles (EEZ) and since you could be checked far off-shore, I'd argue that you should have a license for the state you departed from.
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#926022 - 03/27/15 01:56 PM
Re: How far offshore is a license required?
[Re: Sal Fario]
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River Nutrients
Registered: 08/26/02
Posts: 4681
Loc: Sequim
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From WDFW Law Enforcement re licenses off-shore:
There are some nuances depending on commercial versus rec – but essentially, the Magnuson – Stevens Fishery Conservation Act extends state authority to regulate vessels registered under the laws of that state, regardless where they go – out to 200 miles. “registered” has been interpreted to mean a license or significant dependence on a given states port via case law.
The F&W Commission has been granted regulatory authority in offshore waters by the Legislature. So, an Oregon and Washington boat fish together outside WA territory (more than 3 miles offshore) – I can apply the license requirement to the WA vessel, but not the Oregon vessel.
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