Steelhead Fishing Without Being Cited for Salmon Fishing

August 13, 2009

Question: With salmon season essentially closed in most areas, and even catch and release fishing now prohibited, how can a DFG game warden really tell if someone is targeting salmon for catch and release but claiming they are fishing for steelhead? A lot (if not all) of the tackle and methods are the same and one pocket of water can hold both species. I know this may require a rather lengthy explanation, but I feel it will help to educate and empower our fellow anglers so that we may understand and contribute to rebuilding and sustaining our salmon runs for the future. Thank you. (Richard C.)

Answer: The determination by the game warden as to whether or not a violation has occurred in their presence will be contingent on the circumstances presented at the time. According to Captain Mark Lucero, the game warden will evaluate the fish species present in the river, the type of gear being utilized and the manner in which the gear is being used.

For example, during the open season when steelhead are present in the river, it is legal for a person to take steelhead utilizing gear that is legal for taking steelhead. If a salmon is hooked but immediately released back into the water, the chances of being arrested are minimal. However, under different circumstances – for instance, if salmon are also in the river, steelhead are absent, the method of take being used is not legal for steelhead or the released salmon does not survive – then an arrest is much more likely.

If a game warden finds someone using gear and angling methods typically used to target salmon (such as flossing or snagging), then the warden may deem that a violation as well. The warden will have to evaluate all the circumstances present at the time when determining whether the elements of a crime are present and a violation has occurred.