What is your interpretation

http://www.dfg.ca.gov/marine/pdfs/salmonpreseason2011.pdf

This is a link to the current regs (synopsis) for salmon. My question is this:

If you are fishing with bait via any other means other than trolling, you have to use circle hooks. Furthermore, (here is the tricky part), they only define trolling as fishing from a boat... "THAT IS MAKING IT'S WAY BY MEANS OF A SOURCE OF POWER...". That seems to be the only definition for trolling used by DFG, and the gear in use, i.e. downriggers or lead ball on a release with a flasher and so on are not included in the definition.

Now, in reference to the above, consider the following;

A. If you are trolling in a kayak and paddle/pause/paddle... are you still trolling during the pauses?

B. Is there a minimum or base line for what is to be considered making way, in other words, in some weather conditions you can paddle very gently and make way at a decent speed while in other cases you can be paddling hard and making no way at all. If 5 mph is basically top speed (+/-) the is 2 mph considered making way? What about 1mph, 1/2mph, 1/4 mph... How would this law be interpreted in such a case?

C. If you are using the "traditional" mooching rig as used many years ago and you are paddling is you method of fishing then defined by your gear or your movement?

Based on the above, interpret the following scenario: You are using a light action limber rod with a sliding sinker, a single hook with a threaded anchovy. You are paddling from the mouth of Bodega to the Whistle Buoy (MLPA/SMRA with trolling only allowed). There is a headwind so though it may seem to you that you are making way, to an observer on a hill, is seems that you are basically sitting in one spot. What is you take a short breather for a moment?

Now, I know the reality is call it as you see it, but I am more interested in dissecting this issue from a purely technical point of view.

Any input is greatly appreciated,

Thanks.

Someone?... Anyone?

I'm looking for help in interpreting this. I need to figure out that if I am using a "mooching" set-up and trolling dead slow, is this then still considered mooching, or is it now trolling.

The only difference in gear would be that the anchovy would be threaded tail first so that the head is pointing in the direction of the rod and the hook is in the tail. Otherwise all gear would be the same as mooching, i.e.; light rod, light line, light sinker on slider rather than heavy sinker on a release.

Please, any input is greatly appreciated.

Thanks.

Any questions I need answered I always use the "ask a warden" email adress

[email protected]

takes a couple days for them to answer so just wait patiently...

Jeff

This is only my opinion, but I think the key to falling under the term "trolling" in your situation would be NO sliding sinker/mooching rig and perhaps having some kind of flasher or dodger on the main line with the J hook.  A fixed banana sinker with a leader/bait could probably lean more towards trolling in your argument/situation.

Bottom line - get rid of the sliding sinker. 

Good question though.

 

I love a good technicality argument better than most, but what matters OTW is the individual wardens interpratation at the moment. 

Even from your question I'm not exactly what you're trying to avoid, sounds like you want to use trolling gear but not get in trouble if some warden doesn't think you're moving fast enough, eith against the wind or on a paddleing pause.

To simplify to whole thing I believe the barbless circle hook is the key. Use it and it won't matter if you're trolling or mooching, you'll be legal.  A circle hook on the end of the rig isn't open to intrepertation, it is what it is.

"TROLLING is defined as angling from a boat or floating device that is making way by means of a source of power, other than
drifting by means of the prevailing water current or weather conditions "

It depends on how long of a breather you take.  Even though you're not moving while paddling because of the wind/current, it's definitely not drifting by their definition (I'm not sure if I would call it trolling, but you are moving lol).  But if you take a long enough breather where you're letting the conditions control your movements, then you should consider using circle hooks.  Also, I assume that the binoculars would be on you long enough to determine if your breaks in between paddles are intentional or not.  I would just make sure that you're moving, at a minimum, a little faster than the current drift speed.

Agreed with Dale that it depends on a wardens interpretation, but I think it's possible to determine if someone is mooching vs having a difficult time trying to troll - even if takes 10 minutes of observation to determine that.  If I were in that situation, I wouldn't leave it open to interpretation and it would be similar to bringing a 22.01" hali to the docks.

I have a question to add - what if the current is strong and the drift is 3mph?  That's a nice trolling speed. Would a boat have to use circle hooks since they're letting the current do the work?

Thanks for the replies, good points, and I agree; regarding a kayak scenario. Now lets look at the same issue but with a different boat. Say it's a trailer boat, powered by a very small kicker that, when calm, will make approx. 1/4 mph at idle. Going with the drift add the 1/4 mph, going against the wind/current, subtract it.

In this case, could it still be argued that the boat is purely drifting in any direction, and thus mooching? Nudling's question is headed in somewhat the same direction, consider the following: If the drift from wind/current is taking you south at 1 mph, and with the use of auxiliary power your speed over ground is now 3/4mph south, is it any different than trolling at 3 mph into a 3.25 mph wind/current drift? (same net speed over ground).

I argue that, if the kicker (or any type of propulsion; pedal, gas, electric...) is running and in gear, despite the fact of how weak or strong the output is, it should be considered trolling, regardless of what kind of gear is used. This should apply to all boats, including kayaks with electric motors and so on. If the prop is spinning, the boat can no longer be considered drifting.