Originally Posted by DarkSkies
However, I know of both recs and comms who have very creative ways of disregarding the laws and getting away with it. This becomes a bigger problem where you have an activity like fishing, where it's very difficult to have universal compliance.
There aren't enough officers in the field. People who disregard the law regularly know they have a slim chance of getting caught for fishing violations. The fines are so small that it's almost worth it to cheat for the dishonest ones. They view it as the cost of doing business.
You touched on some good points. I know 5 guys with commercial licenses. 3 of them openly brag how they are selling outside their license to restaurants and mom and pop fish markets, so it doesn't go on their total. This is more widespread than you think. These abuses have to be stopped with higher fines and better enforcement.
As for the out of state guys, I don't think you can stop them from fishing, as you said. What you can do is make their license cost 10x what a resident pays. Or prove that 50% of their income came from commercial fishing. This is not without precedent. Alaska, Florida, and many other states have license fee differentials for in-state vs out of state. This seems like the fairest in the long run. Here is how they run it in NY -
(ii) Permits to take a full quota share of striped bass will be issued at no cost to persons who currently possess a valid New York State commercial food fish license and who previously held a New York State license to sell striped bass during 1984, 1985, 1990, 1991, 1992, 1993, 1994, or 1995 and who can demonstrate through Federal or New York State income tax records that 50 percent or more of his or her earned income resulted from his or her direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota in any one year during the period 1994 through 2004. A complete copy of such tax record must be filed with the department upon application.
(iii) Permits to take a partial quota share of striped bass will be issued at no cost to persons who currently possess a valid New York State commercial food fish license and who previously held a New York State license to sell striped bass during 1984, 1985, 1990, 1991, 1992, 1993, 1994, or 1995 but who cannot demonstrate that they earned 50 percent or more of their earned income from the direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota.
(iv) Any holder of a partial share permit may apply for a full share permit by demonstrating through federal or state tax records that 50 percent or more of his or her earned income has been derived from the direct participation in the harvest of marine fish, shellfish, crustaceans or other marine biota during the preceding year.
(v) Beginning in 2005, and continuing at five year intervals, each striped bass commercial harvesters permit holder in the full share category must file with the department a complete copy of his or her federal or state income tax records from one of the preceding three years. Such tax records must be filed before the June 1 deadline for receipt of applications. Such tax records must demonstrate that the permit holder has, as stated in subparagraph (ii) above, maintained the 50 percent earned income level in order to remain a participant in the full share category. Failure to file a timely and complete copy of federal or state income tax records which demonstrate that the permit holder has maintained the 50 percent earned income level will result in the permit holder being placed into the partial share category. Thereafter, the rules pertaining to partial share permit holders provided in subparagraph (iv) above apply.
Reply With Quote
