Keeping Live Trout

June 19, 2008

Question: In a previous column you stated that trout could not be kept alive in a boat’s livewell, and that “upgrading” or “high grading” fish is illegal. As you probably know, “high grading” or “culling” is a common and well-publicized practice at freshwater bass fishing tournaments. Does this rule actually only apply to trout? If not, why is the DFG not enforcing these obvious violations? Thank you. (Randy P. via e-mail)

Answer: The regulation prohibiting trout from being kept alive in livewells applies just to trout and not to bass caught during a tournament. Black bass tournaments are the one exception when upgrading or culling is allowed and bass may only be culled by anglers participating in a DFG-permitted black bass fishing tournament.

The DFG issues permits authorizing the tournaments, with certain conditions. According to Senior Fishery Biologist Kyle Murphy, culling is allowed only during these contests because one of the special conditions of the permit requires the tournament sponsor to ensure that all black bass caught in the tournament are released back into the water where they were captured.

Tournament anglers successfully argued for the culling allowance before the Fish and Game Commission since anglers take extreme measures to keep the fish alive during the tournaments and all fish are released each day after the weigh-ins.

As far as the law prohibiting trout from being kept in a live condition, one of the main reasons for this law is to prevent them from being used as live bait for bass and striper fishing. It’s also the reason why the law is included in the bait regulations section rather than in the regular fishing regulations section.


June 5, 2008

Question: I’ve just heard that it is against the law for us to keep trout alive in our boat’s livewell while we continue fishing. We’ve often done this in the past to keep the fish alive and healthy so that we can have the option of releasing them later if we are lucky enough to catch larger fish. Is this really not legal? (Jim B.)

Answer: This practice is illegal for a number of reasons, and over the years a lot of trout fishermen have been cited for doing just what you describe. Here’s what California law states on the matter: 1) “No trout may be maintained or possessed in a live condition in any container on or attached to any boat” (ref. Section 4.00[e].)

Once an angler has a limit of trout (or a limit of any species) in possession, the angler may not continue fishing for more in an attempt to trade larger fish caught with smaller fish already in possession or in their livewell. This practice would be called “upgrading” or “high grading” and is illegal everywhere.

Catch and release fishing for trout is also not allowed once the bag limit is filled. The primary reason for this is because to “… pursue, catch, capture or kill fish … or attempting to do so” is still defined as “take” (ref. Section 1.80). Also, there is no assurance that any returned fish will survive for the long-term following release, and this translates to over harvest. (ref. Section 7.00).

The only way for an angler to continue fishing at this point is if they change location, tactics, bait and/or gear to clearly target other species, such as bass or crappie. After doing all of this, if any trout are accidentally caught but then immediately released, there should be no violation.