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2018 AOTY/DOTY Entry

Topic: Is It Illegal for a Minor to Sell His Catch to the Neighbors?  (Read 1344 times)

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Hojoman

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February 22, 2018

Question: Before I throw cold water on a neighborhood kid’s moneymaking scheme, please advise me if what he is doing is legal. He regularly fishes in Half Moon Bay and is advertising through email to sell the catch to neighbors on an ongoing basis, depending on what he catches. I suspect that he needs a commercial fishing license to engage in this commerce, but I don’t have the regulations to back up my belief. What does such a license entail, by the way? (Anonymous)

Answer: Where to start! What that young person is doing is illegal – likely on many different fronts.

First and foremost, it is unlawful to sell or purchase any sport-caught fish or amphibians taken in the waters of California (Fish and Game Code, section 7121).

A commercial fishing license is required for any resident 16 years of age or older to take fish for commercial purposes or otherwise contribute materially to the activities onboard a commercial fishing vessel (FGC, section 7850).

Furthermore, there is a whole host of additional permits, licenses and stamps required of commercial fishermen depending on where they fish, how they fish and what they fish for. You can see a complete listing of descriptions and fees at the CDFW website (www.wildlife.ca.gov/Licensing/Commercial/Descriptions).

Additionally, there are regulations for commercial take that often involve different seasons and size limits than what is required of recreational anglers.

These commercially caught fish then have to be “landed” by a licensed receiver before they are sold (FGC, section 8033).

As you can see, it’s no simple undertaking to be a commercial fisherman in California, but these regulations are meant to help conserve the state’s fisheries. The illegal activities you’ve described need to stop. If the individual does not stop, please call our CalTIP number (888-334-CalTIP) so that our wildlife officers can educate this young person.


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But what if the kid is under age 16?  I think that's what the original question was trying to ask.


Archie Marx

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But what if the kid is under age 16?  I think that's what the original question was trying to ask.

Illegal
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Found this on the CDFW Q&A website;

A child or young adult 15 years of age or younger does not need a fishing license to catch their own limit of fish.  All of the same regulations apply for them except the requirement to purchase a fishing license.

« Last Edit: February 22, 2018, 09:32:08 PM by Ski Pro 3 -- Jerry »


Archie Marx

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Found this on the CDFW Q&A website;

A child or young adult 15 years of age or younger does not need a fishing license to catch their own limit of fish.  All of the same regulations apply for them except the requirement to purchase a fishing license.

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Yes Archie, it's illegal and I posted exactly the language that makes it so.  The original post was ambiguous about the law in regards to under-aged "neighborhood kid" and I had a question about it.  Simply stating something is illegal doesn't explain either.  In fact, it sounded a bit hostile to me.  Taking the time to research where in the law it stipulates that it's illegal and answering a posted question would have been, so I did the research myself and posted my findings.  Part of the problem with in-the-field enforcement of fishing laws is the reluctance of those charged to enforce them to take the time to explain to those unaware what the law actually says. 
Fortunately the final sentence in the original post does address the education part of the agency's job. 
« Last Edit: February 23, 2018, 11:46:54 AM by Ski Pro 3 -- Jerry »


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Educate= $$$ fines and Adults also for transport/aiding and abetting.... Sometimes they might Educate only, but I'm pretty sure the Kid or his parents know it is illegal. If he is younger than 16 when a fishing licence IS required than his parents could run afoul of the law in a big way. (thinking conspiracy). Fish and wildlife officers weigh intent as well as action of all parties involved... Big bad risk they are ALL taking. Also those that are Buying from him are commiting a crime. Mowing lawns or doing yard work might be a better risk,,,
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Educate doesn't stop at fines.  Taking time to explain the law or even what the language is in the law, that's all I was asking.  Not some terse "illegal" reply. 
The kid was advertising so I doubt he was aware he was doing something illegal. 

Hillary got a pass for her illegal e-mails because the FBI said she wasn't aware of violating the law.  A kid fishing doesn't get the same due diligence with enforcement?
« Last Edit: February 23, 2018, 12:20:49 PM by Ski Pro 3 -- Jerry »


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It would be nice to have a youth license.  12-21 years old, $10 for combined hunting and fishing license with all tags except federal either free or at a deep discount.

Like Oregon does.

No way a 16 year old should pay full freight, and if we have 13 year olds engaged in commercial activities then them having contact with licensing agents and taking some nominal responsibility for paying their fees would probably be a good thing.


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It all falls back on the Parents of a minor child. They ultimately are the ones that are blamed/fined. Like it or not, know it or not, that is the law..... :smt001
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Educate doesn't stop at fines.  Taking time to explain the law or even what the language is in the law, that's all I was asking.  Not some terse "illegal" reply. 
The kid was advertising so I doubt he was aware he was doing something illegal. 

Hillary got a pass for her illegal e-mails because the FBI said she wasn't aware of violating the law.  A kid fishing doesn't get the same due diligence with enforcement?

Are you really comparing Hillary vs some Joe Schmoe?  People like Hillary have been getting away with all sorts of crimes because she is rich and powerful.  Us grunts at the bottom get no slack.  Where have you been living the past few decades? 
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Are you really comparing Hillary vs some Joe Schmoe?  People like Hillary have been getting away with all sorts of crimes because she is rich and powerful.  Us grunts at the bottom get no slack.  Where have you been living the past few decades?

I'm just sayin' IF an LEO takes offense that the rich and powerful can get away with breaching national security, then perhaps they can express it with withholding funds and not fining a child who may or may not have known they were breaking the law. 

« Last Edit: February 23, 2018, 03:07:11 PM by Ski Pro 3 -- Jerry »


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They have that discretion.... As all law enforcement does.
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Archie Marx

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Jerry,

I didn’t intend to be hostile. I thought the author covered the legality of the kid’s alleged actions pretty clearly in her first paragraph after the introduction (and subsequent paragraphs):

“First and foremost, it is unlawful to sell or purchase any sport-caught fish or amphibians taken in the waters of California (Fish and Game Code, section 7121). “
« Last Edit: February 23, 2018, 03:59:04 PM by Archie Marx »
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It all falls back on the Parents of a minor child. They ultimately are the ones that are blamed/fined. Like it or not, know it or not, that is the law..... :smt001

That holds true for ANYTHING regarding a minor. Especially school issues :)
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