#0, DFG Post
Posted by Nomad on Apr-22-03 at 05:21 PM

I thought this post was so good on another board I thought I would share it with you:
DFG e-mail Pal
After posting a note on the board a week ago about being boarded by the DFG after a Mexico fishing trip, I began searching for a contact at the DFG to answer some basic questions buddy boaters had on my post. Found one, Eric Kord, here is his response.

Dear Mr. Burton

My name is Eric Kord and I'm a Game Warden on the Patrol Boat Thresher out of Dana Point. You asked some very good questions and I hope I can clear this up for you. Your questions are listed below followed by my responses.

1. Do you need a California Fishing license to fish exclusively in Mexico via a U.S. Port like San Diego?

If you do not fish anywhere is US Waters on your way to or on your way back from Mexican waters, then you do not need a California sportfishing license.

Question: The Declaration form is unclear on weather each person on board needs to fill one out or just one for the boat or just the people that caught fish. Which license number do we put down, U.S or Mex or both? Any info about the meaning of the form would be appreciated.

Answer: Every person on board that caught fish in Mexico needs to fill out a declaration. You should put the Mexican fishing license number on the declaration since that is the license you used to take the fish you are declaring. Below is a question I answered for another fisherman about declarations. It may clear up some unanswered questions:

If Mexican limits on a species is 5 fish a day and not more than 3 daily limits in possession, would 15 fish violate the California 1 day "possession" limit of 10 fish of that species when we land back in California?

Answer: There will be no California violation provided you have a "declaration" at the point of entry into the state. Fish and Game Code section 2353 states:

Notwithstanding any other provision of law, birds, mammals, fish, reptiles, or amphibia may be brought into this state and possessed if legally taken and legally possessed outside of this state and a declaration is submitted to the department or a designated state or federal agency at or immediately prior to the time of entry, in the form and manner prescribed by the department.

Therefore it is OK by California law to import LEGALLY taken fish into this state if a declaration is submitted at or immediately prior to the time of entry. Entry into this state includes when you first enter state waters (ie 3 miles from the coast). So, you must have a declaration prepared when crossing into state waters. If no officer checks your declaration upon entry or at the landing, either hand carry or mail the form immediately to the Department at 4949 Viewridge Ave., San Diego, Ca. 92123. This way, you will be in compliance with the above importation law. The declaration forms are available at the Department of Fish and Game for free.

Please note, in order to LEGALLY take fish in Mexico, you must have a Mexican fishing license and a boat permit. If a fisherman does not have the appropriate license and permit while fishing in Mexico, he or she could be cited upon entry into California for illegal importation. Fishing illegally in Mexico and transporting the fish into the U.S. is also a Lacy Act violation. The Lacy Act is a federal law and thus heavier fines and penalties usually apply.



3. Do U.S. DFG personnel enforce Mexican fishing regulations if the fish were declared caught in Mexico? We have had experiences where they have. Requiring 24" limits, no fillets allowed even with patches of skin, and even depth restrictions. Is that their job?

Because of state law, we do have to regulate and enforce Mexican caught fish which are brought into the state of California. As stated above, it is a misdemeanor to fish illegally in Mexico, and then bring that illegally taken fish into California. So in a sense, we do enforce Mexican fishing regulations in a round about way.

Important note: Pursuant to Mexican law, there is no "butchering" or filleting of fish in Mexican waters. If you fillet you fish (once you cross into state waters, I hope), then you must abide by California fillet regulations listed on page 20 and 21 of the current ocean regulation booklet.

4. We have been told you CAN NOT stop or fish in US waters on the way home. Have to go straight back to the ramp where you started. Is that correct?

Here is a question I answered which is closely related to yours:

Question: If California regulations prohibit taking or possessing a specific species (black sea bass or certain rock fish) is it legal to catch that species legally in Mexico and bring it in to California thereby possessing it?

For Black Sea Bass, the following regulations apply:

(a) May not be taken off California. All fish taken incidental to other fishing activity shall be immediately returned to the water where taken
(b) Limit: Two per angler per trip when fishing south of United States-Mexico border. A valid fishing permit or license from the Mexican government constitutes proof that fish were taken legally

As far Rockfish are concerned, it is legal to bring back five species of rockfish if they were legally taken in Mexican waters and a declaration was prepared and signed at the time of entry. This also applies during our Rockfish closures in California.

Please note: It is important not to fish at anytime in US waters when you have any fish which are illegal to possess according to California law. For example, let say you have 5 rockfish in your possession during a Southern Rockfish and Lingcod closure. The fish were legally caught in Mexico and you have a declaration signed and filled out. If you stop to fish Barred Sand Bass off of Imperial Beach with the rockfish in possession, then you are in violation. If boarded by a Game Warden you could receive a citation and have your fish and gear seized as evidence.


I hope this answers your questions. If you have any further questions, please feel free to email me- ekord@dfg.ca.gov.

Eric Kord



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#1, RE: DFG Post
Posted by Tuba8 on Apr-23-03 at 06:09 AM
In response to message #0

Charlie
I dont know what to say could this get more complicated. What this guy is saying is the hole fleet from H and M and all the others fill out a form and have that form signed by every passanger on every boat(if they caught fish) before the boat enters US waters. I go out several times a year on the Polaras S. and have never filled out any forms. Did I read it wrong or did he say every passenger must fill out the form and sign it?


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#2, RE: DFG Post
Posted by Nomad on Apr-23-03 at 06:55 AM
In response to message #1

Not sure the fleet has to comply with the same provisions as a private boater. I always have the declaration form filled out just in case.