Legality of random fishing

Factual Questions
1

I’m not a fisherman, but I’ve seen enough TV to know that some places, at least, have limits on the number of fish you can catch, and sometimes there are also rules in place where the size of the catch matters. Many times they will also mention a fishing license.

That’s all well and good but most of the time, these shows have people fishing in rivers and lakes within populated areas that I’m sure have a desire and an ability to keep the fish in stock.

What if I were to take a boat into the ocean and fish? Will I be stopped when I get back? Would it matter if I just sat at the pier and fished? Can I catch as many as I want?

And suppose I got lucky and caught some rare fish, is it my responsibility to know my rare fish from common fish and throw it back? A lot of fish look the same, its not like going hunting for rabbits and shooting a panda. If I caught a shark or something like that, can I bring it in and eat it just like any other fish?

2

Saltwater fishing has fewer restrictions. In New York, you can just go out and start fishing.

I grew up on eastern Long Island, on Southold Bay, and we never needed to get any licenses, nor were there limits. Right now, the state is thinking of imposing them for the first time to help balance the budget.

There may be restrictions or licensing for commercial fishermen, or for excursion boats (where a large number of people fish at one time), but there was a local marina, the Port of Egypt, which rented motorboats for fishing; no license was required.

There also may be some restrictions on gathering shellfish, though, again, they’re more likely to apply to someone doing it for a living than someone going down to the creek to dig clams.

3

In recent years NC started requiring a fishing license for the ocean. Not sure how many other states do that now.

4

I think Rhode Island now has salt water licenses. Massachusetts might follow.

All shellfishing in my Massachusetts town requires a license, whether private or commercial. (Prices vary and senior citizens might be free.)

Fresh water fishing in Massachusetts has required a license from the state for the fifty-something years I’ve been alive.

I think in all cases, children below a certain age were exempt from the license rules.

5

Normally below 16 you don’t need a fishing license. In the past NC allowed fishing without a license in freshwater if you used live bait but that exception is gone.

6

In NYS there are limits as to size and number of fish per day (occasion?) for certain fish.

7

Massachusetts has size & catch restrictions for many fish. I’ve been fishing plenty of times with my FIL, and we’ve never been stopped or boarded, but the penalties are strict enough (like seizure of your boat) that he’s always been pretty conscientious about the limits.

8

The limits are on fish you KEEP, not on fish you catch. It would be silly, and unenforceable, to limit on caught fish.

9

You have just as many regulations for fishing in the ocean off of California. You need a “Ocean Enhancement Stamp” in addition to your California Fishing License. Only exception is pier fishing, in which case you don’t need a license (but you still have to follow all other fishing regulations).

10

Ocean Enhancement Stamp? The hell? Sounds like an overly bureaucratic way of saying “Fishing License”. But thanks for the info, I will look into it.

11

What it the logic behind this?

Seems to me that fishing off of a man-made pier (which at some point cost someone $$$ to build) would be the situation where there would possibly be a payment required (if just to help maintain the pier) as opposed to fishing on some random stretch of solitary beach.

12

Few things to note. The beach, below the high tide line is public property. No matter what the billionaire’s security guard tells you. You still need a license to fish from the beach, although the state pier 10 feet away from you is ok to fish without a license.

Never been able to figure out why but here is the rule from CA DFG’s FAQ:

There are also “report cards” you need to purchase if you intend on catching certain types of fish. Those fish are Salmon, Steelhead, Sturgeon, Abalone and Lobster.

A weird situation also exists if you own the lake. In California, we have places like Santa Ana River Lakes, Laguna Niguel Lake, Irvine Lake and a few others that are privately owned. They take it upon themselves to stock fish then charge people to go and fish there. In places like that, you don’t need a fishing license.

However, I’ve seen people cited in private lakes where the HOA only allows residents to fish. You would think they’re considered private, and therefore, don’t require a license but it does happen.

If you have specific questions about fishing in California, I can help you out too. :slight_smile:

13

Where do you live? If you live here in Texas, they conveniently spell it all out for you in each year’s hunting and fishing annual, and on the Texas Parks & Wildlife website. They have drawings & photos that show what the fish look like, how to measure them, and how many you can keep. I’d suspect that all states have something similar.

Basically, if you’re licensed, they don’t draw much of a distinction between boats and shore fishing, but there are bag and size limits on many fish- you are expected to be able to identify the fish you catch up to a point. Chances are that if it’s not explicitly mentioned and described in the annual, it’s not a fish with catch limits or size limits.

If you’re not licensed, it doesn’t matter- they’ll fine you heavily for fishing (or hunting) without a license. Here in Texas anyway, game wardens have serious power- they can come on your property to inspect stuff without warning if you’re hunting, etc… We take our wildlife pretty seriously, believe it or not. Some of the more environmentally conscious people around here are hunters and fishermen.

14

I’m in Los Angeles. I’ve only been fishing once about 15 years ago. It was fun, but it was in a swimming pool up in Mt. Baldy where my dad took me. I don’t think I can sit out in a boat for hours hoping for a catch though :wink:

You mentioned Santa Ana River Lakes and I think that’s the closest one to me. How’s the fish biting there? The pool that I went to was packed fish trout, you could drop a line and get a fish within 10 seconds. I kind of want to do that again and heard about the Santa Ana place.

15

It’s been years, but when I fished, the rules varied widely depending on where I was. In Florida, no license was required if you were fishing on a charter boat, or on a commercial pier/bridge. I assume that the owner/operator of the charter or pier/bridge paid taxes to the state to operate their business.

In some states, younger teenagers…say 16 or younger, may not need a license, and there may be a similar provision for senior citizens. Also think Native Americans are exempt from licensure…

16

Santa Ana River Lakes (SARL) can be a good option for you. You wont need a fishing license but you’ll still have to pay around $20 to fish the lake. They stock their lakes heavily with not only large trout, but a lot of trout. The lakes are bigger then the Mount Baldy pools and despite the heavy stockings, you aren’t guaranteed to catch fish. A lot of people end up going there so expect some heavy competition. Also don’t expect any type of scenery. It’s literally a few holes dug out in a dirt lot in the middle of a city.

They advertise heavily and even lie to make their sponsors look better. A while back, they were pimping Nitro’s Crave bait. Now, it looks like Eagle Claw is their main sponsor (actually looking at some of Eagle Claw’s products, they might have bought out Nitro). Be skeptical about any of their sponsor’s products they are promoting. Berkley Power Bait is the standard in dough baits. Fish that, not whatever brand SARL is advertising.

I’ve only been there once in the last 5 years. It’s really not my type of place. I try to avoid the beer drinking, loud music crowd, I don’t want to spend $20 on top of my $47 a year fishing license to go fish a mudhole, and I’m just not a fan of how they run things. You might not mind that crowd of people and the $20 fee isn’t too bad since, if you were to go somewhere else, you’d have to pay $13 for a One Day Fishing License. The other thing that turns me off is the clipped or worn down fins and tail on their stocked trout.
But this is coming from a guy who’s been involved in the drama of the fishing community for years. Most likely, you’ll go with your kid, or father, or friends, and have a good time.

Here’s their website.

17

I think you can universally say, that in the US states, and fishing in fresh water, you need a license. They are serious about it too. If caught fishing without a license, and the F&G officer decides to push the issue, they can take your gear, boat, and the car you hauled it to the water with… then fine you. But, a license is inexpensive. Follow all the rules, including catch (retained fish) limits, or the above can also apply. It doesn’t happen often, but if you were a repeat, or egregious offender, it can happen.

Salt water has traditionally been a free exercise, but a new National SaltWater Fishing registry was set up recently. The state has a choice of either having their own registry, which populates the National list; having fishermen register directly with the National list; or having a salt water license of their own. More info (geared around NH fishermen) can be found here. http://wildlife.state.nh.us/marine/Saltwater_Registry_FAQs.html There are links to more information there as well. There are a few exceptions, such as fishing from a “licensed for hire” vessel, and one for youth.

This year, NH residents can just register directly, but next year there will be a salt water license.

Though I’m not a salt water fisher… yet… I am a freshwater fisherman. I have no problem purchasing my fresh water license every year, but am irked by the idea of a salt water one. I’m not entirely sure why, other than “it was always free,” as my reasoning.

One other thing to keep in mind is that if you are an adult, and with a youth who does not require a license, and is fishing, you MAY NOT touch, handle, or use any fishing gear, nor assist with handling of fish, unless you are also in possession of a valid license. Again, the F&G officer probably won’t hassle you, but can, so the “I was just helping my kid” line isn’t particularly valid in their eyes.

F&G officers are generally strict, but fair, and don’t want to hassle someone making a mistake, but rather they want to stop those abusing the system. They want you out hunting & fishing, and enjoying the outdoors. Busting you won’t make a lifelong hobby participant… But, they could be having a bad day, and so I find it easier to just follow all the rules as they are written… even if it means not taking something I could otherwise legally do so.*

-Butler

*I have turkeys that come through my yard. With the appropriate instrument (bow & arrow in my case), and license in season, I should be able to legally harvest one of them. Only one conflict. One rule says “no discharge within 100yds of a dwelling,” another says that it’s fine, if you have landowner permission. I’m happy to give myself permission to fire on my land, but I’m not sure how it applies to my neighbor, though the rule that allows me to do it, specifically says that the neighbor doesn’t matter. Two F&G officers have given me two opinions. One says it’s fine, one says it isn’t. I’m leaning on the side of caution, and not taking them… though it kills me to see them walk off uncooked.

18

Nope. No license is required for freshwater fishing in ponds on private land in my state.

19

Ok, so there is that exception. But, as not many of us own an entire pond, I’ll let my statement stand with regards to the vast majority of publicly accessible water to fish upon.

20

That rule exists in California too but, somehow, it doesn’t apply to all private lakes. Lots of the private lakes around here that have houses built around them and only allow members of the HOA to access the lake still require fishing licenses. The enforcement on the fishing license is lax but wardens have been known to give tickets.

One guy who got ticketed told me the reason the warden gave him while citing him was that the lake was fed by public water, therefore they have jurisdiction. But if that’s the case, why can’t us fisherman access these waters?