How Can Catch And Release Fishing Be Legal in No-take Waters?

July 1, 2010

Question: To allow catch and release fishing in no take waters is an interesting concept because it allows fishing after the limit is achieved. Under this philosophy an angler fishing a catch-and-release only water (zero limit) would never be able to catch a fish since they would be in momentary possession of an overlimit. Bass tournament fishermen routinely will have a limit in the livewell and cull to larger fish (legal or not). Most wardens I’ve talked to don’t like the idea of culling. They say you should stay one short of a limit, but they can’t justify that concept when compared to the zero limit waters. It would be interesting to have a judge’s perspective. Your thoughts? (Greg P.)

Answer: In waters where the bag limit for trout or salmon is zero, fish for which the bag limit is zero must be released unharmed, and should not be removed from the water.

Given this, if a fish is accidentally killed or dies in the process of catch and release fishing in these zero limit waters, a violation occurs. The fish must be released alive or in a condition where it will live or else it becomes a “take” and the angler can be cited (see page 27 in the 2010 Freshwater Sport Fishing Regulations booklet).

A zero bag limit means you may not retain any fish, but take with immediate release is still legal. In fisheries with number limits (e.g. bass with a five-fish limit), the limit is defined by a number of fish. “Take” is defined as the hunt, pursuit, catch, capture or killing of a fish or the attempt to hunt, pursue, catch, capture or kill a fish. If the limit is five fish, and you have five and continue to fish, you are attempting to take more than five, which by law is considered “take” of an overlimit. It’s a subtle difference, but it is different. By allowing “zero take” fisheries, the Department of Fish and Game (DFG) is allowing angler opportunities where fishing may occur without the retention of any fish.

In regard to your comparison to bass fishing tournaments, a special allowance is made only for DFG-permitted bass tournaments to allow for culling once a limit is reached. The regulations covering tournaments prohibit the use of bait so that all fish, including those culled and those weighed, may be released alive. Most bass are hooked in the lip or mouth and have a good survival rate when released after capture and retention in a live well. Most states have similar laws allowing for culling only during authorized tournament events.