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Thread: Legal question for keeping/shipping legal giant

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    Question Legal question for keeping/shipping legal giant

    Can anyone point me to a cite regarding gifting/possessing/shipping a legally caught commercial sized tuna, please? IOW, if a commercially permitted vessel catches a 75"+ tuna, is there any law that prohibits that fish, or portions thereof, from being shipped to an individual out of state? Said fish are neither intended to be, and will NOT be sold or bartered for in any way, only consumed.

    I want to say I glanced through a thread a while back here but have as yet been unable to find it, and have tried the search function, to no avail.

    Any help greatly appreciated, and TIA.

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    Crab mustard is good Animal 1's Avatar
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    Quote Originally Posted by Kamo Gari View Post
    Can anyone point me to a cite regarding gifting/possessing/shipping a legally caught commercial sized tuna, please? IOW, if a commercially permitted vessel catches a 75"+ tuna, is there any law that prohibits that fish, or portions thereof, from being shipped to an individual out of state? Said fish are neither intended to be, and will NOT be sold or bartered for in any way, only consumed.

    I want to say I glanced through a thread a while back here but have as yet been unable to find it, and have tried the search function, to no avail.

    Any help greatly appreciated, and TIA.
    My understanding is you can do what you please with the fish,but it must be tagged,and accounted for towards quota.

    Don't take my word for it,though.

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    Try the NMFS dept of HMS (Highly Migratory Species)

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    Bite me Albiemanmike's Avatar
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    I was under the assumption (never good to do) that if you are commercial and are fishing commercial any fish kept must be sold??? Would be curious to find out the real deal.

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    Thanks for the replies. I guess I'll try contacting the folks directly tomorrow and see if I can't get a concrete answer. I'll post on what I find--or don't.

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    I think Admin is going to let me have this space chumtini's Avatar
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    The shipping part of the question is a little fuzzy.

    PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES

    Subpart F—Enforcement


    § 635.71 Prohibitions.

    (27) Possess a large medium or giant BFT, after it has been landed, that does not have a dealer tag affixed to it as specified in §635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported per the requirements specified in §§635.5(a)(3) or 635.5(c).


    (29) Land, transship, ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was taken, retained, possessed, or landed contrary to this part, without regard to the citizenship of the person or registry of the fishing vessel that harvested the fish.
    (ii) Any fish of a species regulated pursuant to a recommendation of ICCAT that was harvested, retained, or possessed in a manner contrary to the regulations of another country.

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    Quote Originally Posted by chumtini View Post
    The shipping part of the question is a little fuzzy.

    PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES

    Subpart F—Enforcement


    § 635.71 Prohibitions.

    (27) Possess a large medium or giant BFT, after it has been landed, that does not have a dealer tag affixed to it as specified in §635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported per the requirements specified in §§635.5(a)(3) or 635.5(c).


    (29) Land, transship, ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was taken, retained, possessed, or landed contrary to this part, without regard to the citizenship of the person or registry of the fishing vessel that harvested the fish.
    (ii) Any fish of a species regulated pursuant to a recommendation of ICCAT that was harvested, retained, or possessed in a manner contrary to the regulations of another country.
    Many thanks, Chum. Looks like a good place to start trying to figure it out. Looks like I may need to don my waders on this one...

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