There’s been a lot of talk about the legality of removing tarpon from the water to take a picture. I think the following was posted before, but for clarity:
68B-32.002 Definitions.fficeffice” />p>
As used in this rule chapter:<>
(1) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive, and unharmed are not harvested.
68B-32.003 Tarpon Tags: Required for Possession; Report; Annual Issuance; Taxidermy; Limitation on Number of Tags Issued Annually; Limitation on Number of Tags Issued to Professional Fishing Guides.
(1) No person shall take, kill, or possess any tarpon, unless such person has purchased a tarpon tag and securely attached it through the lower jaw of the fish. Within 5 days after the landing of a tagged tarpon, the person possessing it shall submit a form to the Commission (Form DMF-SL3200 (3-05), incorporated herein by reference) indicating the length, weight, and physical condition of the tarpon and the date and location where the fish was caught. Additional tags may be denied to any person or guide who fails to provide the required information.
(3) Subsection (1) shall not apply to anyone who immediately returns a tarpon uninjured to the water at the place where the fish was caught. The prohibition of possession of an untagged tarpon in subsection (1) shall not apply to a taxidermist who removes the tag during the process of mounting a tarpon. The removed tag shall remain with the fish during any subsequent storage or shipment.
I’ve talked some people at FWC about this and we all agree that removing a small tarpon from the water, taking a quick picture and immediately returning it to the water unharmed does not constitute possession. In additon the official rule language above clearly supports this as well. On the other hand, if you were to lip gaff a 150 lb tarpon and drag it over the gunnel of your boat, an enforcement officer might have grounds to do something because there’s a chance that the fish was harmed in doing so. In the end I think this all comes down to commonsense, on both our parts and the FWC. Photographs have replaced dead fish at the dock as a means of showing people what you caught. I have a lot of respect for the people in FWC managing our fisheries and hope that they realize this. Similarly, we as anglers need to do our part by not harming fish by bringing large individuals in the boat. Hope this helps.
