Surf Perch for Bait?

bsteves, thanks!

Mol, it's clear that the so-cal wardens and nor-cal wardens do not fraternize!

probably the nor-call wardens all agree with each other:
almost any bait you want, but certainly not tilapia.

and the so-cal wardens all agree with each other:
a lot of restrictions.

I'd still like to know about this finfish in fresh water. on coastside, I see lots of reports of
anchovies (but usually cut) used to nail stripers in san luis.

J

It would really be cool if we had a "resident" DFG on our site......just like how CoastSide has their own.

right now, we have:

- a few Fisheries Biologist (bsteves,scwafish....)
- a couple of local kayak fishing guides (scallen & Brendan)
- a couple of rod builders (Erik K, Randy)
- a reel expert (AlanTani)
- a few chefs (Chef Steve, ChuckE, Bob N....)
- a kayak builder (craig/kayakbuilder)
- a few kayak dealers (Scwafish,jselli...)
- a beer brewer (Molbasser)
- a wine maker (BrianG - "the guy from lodi")
- an "International Mystery Man"  (blue kayak)
- a musician (ben - guitarzan)
- a surfer dude who likes pool noodles and can also predict weather and shark attacks(jmairey)
- an artist (sean/piscean)
- a mooch "got bait?" (yours truly)

there's a few more....(I still have to re-search)

Agreed . . one thing I have always wondered . . .what if I really wanted to fish for halibut with shrimp flies?  (for example).  There is nothing to say a halibut would never ever hit a shrimp fly.  Besides  - it seems like every week some tactic or another is being adapted to a new species.  

One time I was fishing for halibut during closed season for rockfish and got stopped by fish and game.  They asked me what I was fishing for and I said 'halibut' and that was the end of it.  They did look over the yak to see what fish I might have had on board (none, of course,  because I was fishing for Halibut . ha ha) but they didn't ask to see my lures or rigging or anything (I had my line deployed while they were talking to me).  Maybe if I was a big jerk to them or something they would've asked me to pull up my lines so they could see my lure (good thing because I was trolling a baby striper!  just kidding).

I wonder how often does it actually occur that somebody is ticketed for targeting a closed species without having actually caught said species.  I believe in following regs in letter and spirit . .I am just curious.

By the way . . .maybe somebody should send an email to Ed Roberts?  He is a DFG guy that frequents Pier Fishing in California and he seems pretty friendly and informative.  His contact info is on the DFG website.

P.S . .jmairy . .my understanding of using chovies in freshwater is that's it's ok if it's cut bait . .otherwise no.

It is my understanding that you cannot be busted for "fishing" for a closed species unless you actually posses said species.

It is illegal, but they could not possibly prove it in court so I doubt you would be busted for it.

MolBasser

Agreed . . one thing I have always wondered . . .what if I really wanted to fish for halibut with shrimp flies?  (for example).  There is nothing to say a halibut would never ever hit a shrimp fly.  Besides  - it seems like every week some tactic or another is being adapted to a new species.  

ChuckE caught a massive Halibut off Pedro Point a couple of years back...using shrimpflys...unfortunately, the halibut gave him an "undesired lap dance" and flopped back to freedom

It is my understanding that you cannot be busted for "fishing" for a closed species unless you actually posses said species.

It is illegal, but they could not possibly prove it in court so I doubt you would be busted for it.

MolBasser

I think you can get busted for trying to fish for a closed species. "Intent" is how they are going to look at it. You can't be mooching with a barbless circle hook in waters that hold salmon while salmon is closed. You can say you are mooching for sea bass, but with salmon gear? It'll pretty much be you words against the DFG officers. If you have such said closed species in posession then you get charged with fishing for such closed species and posession of such said closed species.
Why would you be fishing for halibut with a shrimp fly, in rockfish infested areas during a rockfish closure? To a DFG officer that is "intent" to fish/take rockfish, no matter what you say it'll still be "intent" cuzz of the shrimp fly, which is a popular rockfish rig and not a common halibut rig.

Just my 2 cents...

BTW, I've seen halibut caught on shrimp fly rigs on rockfishing trips out of SC. The guy was putting whole squid on the shrimp flies.

I'm sure they could write you a ticket, but there is no way they could prove it in court.

You would not get busted, but you would have to go through the hassle of court.

MolBasser

PS, sides, if your poaching salmon you would be a dummy to be using a circle hook....

So what constitutes "proof" for a DFG ticket?

Do they need to take a picture of you doing the illegal deed?  I've never seen them with a camera.
Do they need the fish?  Sweet, always attach some extra weights to your poachers game clip and toss it over the side if you get busted.

Otherwise it will always be their word against yours with officer being a witness for the state.   Unless you have a really good lawyer, I'm guessing you're going to end up paying that ticket for poaching (or whatever the infraction).

I doubt it.

Just plead ignorance of fishing techniques.

Unless you have an illegal fish, I highly doubt you can get busted.  In fact, I doubt they would bother to ticket you.  I bet you would get a tounge lashing, but how are they going to prove you were (for example) mooching for salmon.

Nope your honor, I was just fishing.  I put a bait on my hook and put it in the water.

How is the DFG officer going to prove beyond a reasonable doubt that you were fishing for salmon?

MolBasser

If you are dumb enough to say you are fishing for an out of season fish when asked you are probablly going to get a ticket. Otherwise I am guessing not. The letter of the law states you can't "harass" fish that are not in season.

Ah the old ignorance plea....
to that I say...
Ignorantia juris non excusat

Yeah I agree, I am not suggesting people fish for out of season fish, simply arguing the legal points

Ah the old ignorance plea....
to that I say...
Ignorantia juris non excusat

You misunderstand.  I'm not saying you should plead ignorance of the law, which is no excuse and will get you busted, but ignorance of how to fish.

The cops can't prove that you are a better fisherman than you claim to be.

MolBasser

Ah, so more like...

Ignorantia piscator excusat

Yeah, I suppose that might work if your slogan wasn't "the science of fishing". 

LOL!!

Hey, I'm not a poacher, and I don't suggest that anyone poaches. As Bill states, I'm just arguing the legal realities.

MolBasser