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Discussion Starter · #1 ·
Not sure how many know it but if you intend to release a Marlin it is illegal to pull them into the boat for a picture (or to measure during a tournament). It is also not very good for the fish. I am guilty as well but it's time to take the pictures on the side of the boat and follow the rules. Please see my communictaion with NOAA.

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>>> Mr. Regan, you are correct. The regulations require dehooking of
>>> billfish that are being released without removing the fish from the
>>> water. The regulations that pertain to Atlantic HMS are promulgated
>>> under the joint authority of the Magnsuon-Stevens Act and the Atlantic
>>> Tunas Convention Act -- the maximum civil monetary penalty that may be
>>> assessed for any violation of the Magnuson Act is $120,000 per count.
>>> There are penalty schedules that provide guidance to law enforcement
>>> attorneys in assessing penalties -- they are region-specific and may be
>>> found at: Enforcement and Litigation, NOAA General Counsel
>>>
>>> Please note that prosecutors are not bound by the penalty schedules --
>>> the amount assessed in any particular case is dependent on a range of
>>> aggravating and mitigating circumstances.>>>

>>>>>
>>>>> Bill Regan wrote:
>>>>>>
>>>>>>
>>>>>> In reading the HMS Act it appears that it is illegal to
>>>>>> remove a billfish from the water if the intent is to release
>>>>>> the fish. Is this in fact true and what is the penalty.
>>>>>>
>>>>>>
>>>>>> Thank you
>>>>>>
>>>>>>
>>>>>> Title 50: Wildlife and Fisheries
>>>>>> PART 635-ATLANTIC HIGHLY MIGRATORY SPECIES
>>>>>>
>>>>>>
>>>>>> § 635.21 Gear operation and deployment restrictions.
>>>>>>
>>>>>> (a) /All Atlantic HMS fishing gears. /(1) An Atlantic HMS harvested
>>>>>> from its management unit that is not retained must be released in a
>>>>>> manner that will ensure maximum probability of survival, but without
>>>>>> removing the fish from the water.
>>>>>>
>>>>>> (2) If a billfish is caught by a hook and not retained, the fish must
>>>>>> be released by cutting the line near the hook or by using a dehooking
>>>>>> device, in either case without removing the fish from the water.

xxx
 
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