Gifting and Donating Fish

September 18, 2008

Question: I’m a little confused regarding gifting fish and whether the person who receives the gift can be cited for being in possession of an overlimit. Let’s say some lucky fellow has 10 friends who each gift him one limit of fish. This person doesn’t have a fishing license but due to the generosity of his friends, he finds himself now be in possession of 10 limits of fish with some in his freezer. Would he be in violation? If he doesn’t hold a fishing license would he even be signatory to the conditions of the regulations? (Robert S.)

Answer: Good question! However, the regulations are clear on possession limits whether the fish are gifted or caught by a licensed individual. The definition for “Bag and Possession Limit” provides that no more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen or otherwise preserved (Title 14, CCR, Section 1.17.)

The wording “any one person” includes anyone, licensed or not, and does not necessarily apply to anglers who caught the fish.