# Legality of random fishing **URL:** \ **Category:** Factual Questions\ **Created:** [February 1, 2010, 7:20pm UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279 "2010-02-01T19:20:01Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![Daylate](https://avatars.discourse-cdn.com/v4/letter/d/9dc877/32.png) [@Daylate](https://boards.straightdope.com/u/Daylate)\ **Post date:** [February 2, 2010, 11:43pm UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/21 "2010-02-02T23:43:56Z")
Here in the Soviet of Washington, EVERYTHING in salt water is regulated. First you buy your salt water license, then the shellfish stamp, then the salmon stamp, then the seaweed (not kidding) stamp, and probably a few I’ve forgotten about. I was out in the San Juans fishing this summer, and I’ll swear we were checked by the wardens at least twice a day. But, by golly, in many locations the beaches above the mean lower low water mark - basically all the tidelands - are also owned by the owner of the abutting property, who has the right to restrict access as so desired. I’ve got some property on an island in the San Juans that has approximately 4-1/2 miles of beaches, all owned by the abutting property owners. This tends to irritate many of the more liberal members of the population, but there doesn’t to be much anything they can do about it as this is all written into the affected property deeds. Confiscating it for public use would undoubtedly generate huge lawsuits. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [February 3, 2010, 12:03am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/22 "2010-02-03T00:03:29Z")
> [@butler1850](#): > > 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. It comes into play fairly often around here. We’re a rural area, and plenty of farmers have decent sized cow ponds that are fishable. Some golf courses will let you fish the water hazards if you want. You also see some commercial ponds–usually part of catfish farms, where you can go and fish for an admission charge + additional charge per pound of fish kept, but no license is required. But if you fish in a National Forrest, your regular state fishing license isn’t good enough. I think you’re supposed to get some kind of permit from the feds, too. Unless they’ve changed it. Been a long time since I did much fishing. ---
**Author:** ![Gbro](https://avatars.discourse-cdn.com/v4/letter/g/c6cbf5/32.png) [@Gbro](https://boards.straightdope.com/u/Gbro)\ **Post date:** [February 3, 2010, 12:24am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/23 "2010-02-03T00:24:34Z")
> [@VernWinterbottom](#): > > I think in all cases, children below a certain age were exempt from the license rules. Here in Minnesota, Children can fish free but must follow all applicable laws. When fishing a lake with a slot (size of fish(17"-26" walleye must be returned) example) even a 5 year old must return such fish to the water. That includes a fish that is almost dead, or even dead in the case of netting rough fish and one finds a dead sport fish in the net. I took my BIL ice fishing for the 1st time, we were fishing Crappies and he caught a 18" Walleye, his 1st ever walleye. His lower lip had heel marks on it from pouting about not being able to eat that fish. > [@](#): > > QUOTE=srzss05;12063833]The limits are on fish you **KEEP** , not on fish you catch. It would be silly, and unenforceable, to limit on caught fish. [/QUOTE] One can be ticketed here in MN for fishing a certain species in a closed season. For example, [muskellunge,](http://en.wikipedia.org/wiki/Muskellunge) If i were out casting 12" crank baits during a closed season on an experimental muskellunge lake, I would get a ticket for sure! ---
**Author:** ![D\_Odds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/d_odds/32/2882_2.png) [@D\_Odds](https://boards.straightdope.com/u/D_Odds)\ **Post date:** [February 3, 2010, 12:46am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/24 "2010-02-03T00:46:00Z")
> [@kanicbird](#): > > In NYS there are limits as to size and number of fish per day (occasion?) for certain fish. And, as of last year, a salt water license is required. If you fish on party boats (like I do), then the one is covered under party boat captain’s license. I don’t know about salt water charter boats, but for fresh water charters, each individual needs to be licensed. In NY, the Wildlife Dept (or whatever it is called), has the authority to check your vessel/catch to ensure proper licenses and that quota and size limits are being obeyed, and can issue fines to those breaking the rules. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [February 4, 2010, 3:51am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/25 "2010-02-04T03:51:21Z")
> [@](#): > > 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? Apparently you could go to jail. This guy caught a black sea bass and he may be prosecuted. He was just a private fisherman. How in the heck are you supposed to know what fish grabs your bait? :mad: > **[Latest Breaking News Videos | Fox News Video](https://www.foxnews.com/video)** > > Discover the latest breaking news videos from Fox News. From politics to entertainment Fox News has the most up-to-date videos that you can watch now. I fully support limiting commercial fishing and protecting endangered species. But, to go after a guy that accidentally catches one fish? :rolleyes: WTF? ---
**Author:** ![tr0psn4j](https://avatars.discourse-cdn.com/v4/letter/t/958977/32.png) [@tr0psn4j](https://boards.straightdope.com/u/tr0psn4j)\ **Post date:** [February 4, 2010, 4:28am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/26 "2010-02-04T04:28:10Z")
> [@aceplace57](#): > > Apparently you could go to jail. This guy caught a black sea bass and he may be prosecuted. He was just a private fisherman. How in the heck are you supposed to know what fish grabs your bait? :mad: > > [Latest Breaking News Videos | Fox News Video](http://video.foxnews.com/v/4000167/big-catch-lands-fisherman-in-hot-water) > > I fully support limiting commercial fishing and protecting endangered species. But, to go after a guy that accidentally catches one fish? :rolleyes: WTF? Good. Ignorance of the law is no excuse. Regulation booklets are available for free at just about ever tackle shop. I don’t mean to brag, but I’ve been fortunate enough to catch one from my kayak out of Malibu. I, however, did everything I could to limit handling the fish (which involved not taking a picture of it ☹ ), and I was able to revive and release it. They’re beautiful fish. ---
**Author:** ![D\_Odds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/d_odds/32/2882_2.png) [@D\_Odds](https://boards.straightdope.com/u/D_Odds)\ **Post date:** [February 10, 2010, 3:17am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/27 "2010-02-10T03:17:19Z")
Jeez, I read black sea bass and I was thinking about the ones we have here in NY. There are seasons, size limits and quotas, but I don’t think anyone would go to jail for it. Fined for sure, if caught, but not jailed. Then I watched the video and thought, “That’s the biggest f’n blackfish I’ve ever seen.” So I googled it and found out the west coast version is quite different. Here they are a tasty delicacy and a fun catch (especially legal-sized ones). I understand the _giant_ sea bass isn’t as good as a food fish. ---
**Author:** ![tr0psn4j](https://avatars.discourse-cdn.com/v4/letter/t/958977/32.png) [@tr0psn4j](https://boards.straightdope.com/u/tr0psn4j)\ **Post date:** [February 10, 2010, 3:28am UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/28 "2010-02-10T03:28:28Z")
> [@D\_Odds](#): > > Jeez, I read black sea bass and I was thinking about the ones we have here in NY. There are seasons, size limits and quotas, but I don’t think anyone would go to jail for it. Fined for sure, if caught, but not jailed. Then I watched the video and thought, “That’s the biggest f’n blackfish I’ve ever seen.” So I googled it and found out the west coast version is quite different. Here they are a tasty delicacy and a fun catch (especially legal-sized ones). I understand the _giant_ sea bass isn’t as good as a food fish. Well most of us wouldn’t know (with the exception of a a few old timers and those who’ve caught or bought them in Mexico). ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [February 12, 2010, 7:56pm UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/29 "2010-02-12T19:56:31Z")
> [@aceplace57](#): > > Apparently you could go to jail. This guy caught a black sea bass and he may be prosecuted. He was just a private fisherman. How in the heck are you supposed to know what fish grabs your bait? :mad: It’s not the catching, but the keeping. Surely you’ve heard the term “throw it back?” Catching the fish doesn’t usually hurt it much at all, unless they swallow the bait and hook entirely. As long as you don’t thrash the creature in the process and remove all the slime, it’ll be fine. ---
**Author:** ![constanze](https://avatars.discourse-cdn.com/v4/letter/c/f9ae1b/32.png) [@constanze](https://boards.straightdope.com/u/constanze)\ **Post date:** [February 12, 2010, 8:10pm UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/30 "2010-02-12T20:10:31Z")
> [@srzss05](#): > > The limits are on fish you **KEEP** , not on fish you catch. It would be silly, and unenforceable, to limit on caught fish. Depends on the place. The current EU fishing quotas are based on what you bring into harbor, not what you catch and throw overboard; however, the problem is that if you use old, dumb nets or a bad technique, you get a lot of by-catch which you are not allowed to sell, so you throw dead fish overboard, which doesn’t help the ocean or the fish at all. So the aim is to introduce new smart nets and change the quotas to everything that’s caught, because a caught fish is lost for the oceanic balance. ---
**Author:** ![constanze](https://avatars.discourse-cdn.com/v4/letter/c/f9ae1b/32.png) [@constanze](https://boards.straightdope.com/u/constanze)\ **Post date:** [February 12, 2010, 8:15pm UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/31 "2010-02-12T20:15:03Z")
> [@bump](#): > > It’s not the catching, but the keeping. Surely you’ve heard the term “throw it back?” > > Catching the fish doesn’t usually hurt it much at all, unless they swallow the bait and hook entirely. As long as you don’t thrash the creature in the process and remove all the slime, it’ll be fine. Depends on how you catch it, and how deep it was before you pulled it up. Commercial fishers who use a net kill most of the accidental, and unwanted, by-fish simply by the pressure difference of pulling the net out of the water. ---
**Author:** ![tr0psn4j](https://avatars.discourse-cdn.com/v4/letter/t/958977/32.png) [@tr0psn4j](https://boards.straightdope.com/u/tr0psn4j)\ **Post date:** [February 12, 2010, 10:52pm UTC](https://boards.straightdope.com/t/legality-of-random-fishing/527279/32 "2010-02-12T22:52:15Z")
If I was to go fishing with the intent of catching a 0 fish limit species, I could potentially get in trouble. Let’s assume I go fishing somewhere that I know has a lot of black sea bass, if they can prove my intention is to catch those sea bass, I’m almost certain I’d be in deep shit. Some guy posted a picture of a Steelhead he caught and released in a creek on his property somewhere in California. As far as I know, the DFG actually tracked him down and prosecuted him. > [@constanze](#): > > Depends on how you catch it, and how deep it was before you pulled it up. Commercial fishers who use a net kill most of the accidental, and unwanted, by-fish simply by the pressure difference of pulling the net out of the water. Not just commercial fisherman but recreational anglers can do this too. Some Rockfish have limits to them, while others don’t. Unfortunately, Rockfish all like the same types of spots, deep rocks. You never know what you have until you finish reeling him in the 300 feet to the boat. Unless you’re VERY careful, their eyes will be bulging and their swim bladder will be inflated and coming out of its mouth. [Previous page](https://boards.straightdope.com/t/legality-of-random-fishing/527279.md?page=1)