More thoughts on Sturgeon from Humboldt

I had a thread earlier about sturgeon fishing in freshwater up here.  Mickfish straightened me out on that - "no take" means no fishing for, and no AOTY points.  Now I think I'm reading that I can fish for them in Humboldt Bay (salt water - a few were reported caught last year by halibut hopefuls), and that it's legal to keep one, within the slot limit...  Anyone have other info on it?

No info on them but make sure you have your report card with you when you're ready to fish them. 

Eric it's definitely iffy on whether we can fish them or not in the Bay. The Mexican guys who work the oysters farms in the North bay hate the sturgeon because they're always leaping out of the water and scaring the s@*t out of them. They told me exactly where they are and encouraged me to "remove" them. I've been down to the fish and game office and they have repeatedly stated it is legal to take sturgeon from the bay with a proper sturgeon card. Wardens on the Beat however have told me otherwise and warned me against taking them. They seem to care less about the contradiction from HQ but couldn't or wouldn't show me where it's written in the rules. Tide is a key factor and you'll be paddling awhile to get there which is no stretch for the ABKING.
We should put in an all-nighter on the bay and set to bed the myth of Humboldt Bay Sturgeon. I'm game when you are. We could use the motorboat to mothership us there if AOTY points aren't imperative. Lots of other Mystery fish in the bay too that we can drag up with some Ghost shrimp cocktails.

if AOTY points aren't imperative.

Blasphemy!   

Sorry, Hawk, I'm on a mission!  No mothership for me.  I don't want to keep a sturgeon - just to legally catch and release one.  If you can be there as a witness with your SLR digi it'd be great.  Maybe we can dredge up a halibut too - when's open season on them and when do they show up in the bay?

"In this week's episode of Myth Busters, Abking attempts to catch a rare Humboldt Bay white sturgeon! Does he succeed? Tune in to find out!" LOL!
Go git em!
PK

I so want that pic Eric! I'm there just tell me when. I think White sturgeon is year round in Humbay. I've found that I love taking pics of folks catching fish in action as much as I love the act myself. We got some of the best shots on this board last year of the local fish scene and scenery. You win AOTY this year and I'll make you famous in the magazines paparazzi  style.

You know the irony is that you will land a green sturgeon right?

Any chance of flounder in the bay?

-Brian G

We're on it this year, Hawk!   

Yeah, Brian, that'll be my luck!  Actually, I think AOTY is hampered a bit by this question of "legal catch and release".  If you bring a 9' green sturgeon to the boat you should get the points...  unless you were fishing FOR them, which is not legal. 

Here's the heart of this matter for me:  if I catch a big chinook on the Eel (catch and release ONLY fishery) it counts for AOTY - no matter what size.  If I catch a sturgeon and it's legal to keep one then the slot limit applies, and it applies to a valid AOTY entry too.  But, if it IS legal to fish for white sturgeon in Humboldt Bay, AND it's NOT permitted to keep one, no matter what the size, then I would get AOTY points for ANY size white sturgeon that I catch and release.  See how confusing that is?!   

There's no season for halibut. 

Eric you might have found a loop hole if it is legal to fish for but not legal to keep the slot limit does not not apply so it's basicly a C&R fishery so any size you catch would count toward AOTY.   Brian Bill???

But, if it IS legal to fish for white sturgeon in Humboldt Bay, AND it's NOT permitted to keep one...

Why would it be illegal to keep a white sturgeon in Humboldt Bay? 

The regulations say that the limit applies statewide, and Humboldt Bay is not located within the closure area listed in 27.95. 

Barring any MPA restrictions for specific fishing areas, it seems to me that they are fair game in Humboldt bay just as they are fair game in Tomales Bay.  Slot limits and posession limits apply.

So it's a moot point as far as I'm concerned.

Generally speaking, unless otherwise indicated as a catch and release fishery, any fish that is not legal to keep (i.e. is out of season or has no open season) is not legal to target, and therefore not eligible for points, even if it is caught incidentally.  The example would be fishing for rockfish out of season even if your intentions were to catch and release everything.  This would be considered "taking" the fish as defined in the regulations, and it is illegal to "take" fish out of season.

1.14. Authorization for Taking Fish. Fish, amphibians, reptiles, mollusks and
crustaceans may be taken only in the amounts, only during the open season and only with
the gear authorized and shall not be taken otherwise.

1.80. Take. Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans
or invertebrates or attempting to do so.

EK

OOPS... check the Freshwater Regulations, section 5.80(f).

(f) Special North Coast District Sturgeon Closure (Humboldt, Del Norte, Trinity and Siskiyou cos.). It is unlawful to take any sturgeon in the North Coast District at any time.

If Humboldt Bay is considered to be inland water, then it is covered under the Freshwater regulations and section 5.80(f) applies... no take... not even for AOTY.

If Humboldt Bay is considered to be Ocean water, then the Ocean Regs apply and my previous statement would hold... they are legal to take.

Here is the definition of Inland Waters from section 1.53

1.53. Inland Waters. Inland waters are all the fresh, brackish and inland saline waters of the state, including
lagoons and tidewaters upstream from the mouths of coastal rivers and streams. Inland
waters exclude the waters of San Francisco and San Pablo bays downstream from Carquinez Bridge, the tidal portions of rivers and streams flowing into San Francisco and San Pablo Bays, and the waters of Elkhorn Slough, west of Elkhorn Road between Castroville and Watsonville. Also see Section 27.00.

Are we talking about the diff between "no take" and "zero bag limit" fishing?
Because it sounds like fish listed as "no take" do not qualify for AOTY; whereas, fish listed as "zero bag limit" AKA Catch+Release do qualify for AOTY.
Actually, now that I re-read the posts, it sounds like this part is already clear. But just so I'm clear: this is correct, right?
Thanks, and sorry to jackdathread!
PK

Eric K has pinpointed the heart of the matter-whether Humboldt bay goes by freshwater or ocean regs. If you talk to the old salts down at the docks here they'll read you the riot act for even wanting clarification on that issue. People here like the ambiguity, if it isn't lawless it's no fun.

Excellent input, everyone.  I think it's officially ambiguous!     Seems to me Humboldt Bay is NOT inland waters, and it would be under the same rules as bays elsewhere - like Kunz said, so a slot limit would apply for both DFG and AOTY.  That seems just.  I can live with that, but I'll keep myself focused on learning if there really are any unique sturgeon regs up here.