Surf Perch for Bait?

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.

This is what I was trying to get at. You can not target closed species, even for C&R. 
The proof would be the warden seeing you fish with salmon gear, where salmon are known to be caught, during a closed season. Even though you are targeting sea bass, with a barbless circle hook cuzz you want to release the white sea bass. It'll still get you ticketed, at least I think you would. Even though you never intended to fish for salmon.

I've been stopped by DFG while halibut fishing during the rockfish closure. They said they saw us catch rockfish, we did and released them promptly. They said they saw that too. We informed them we are fishing for halibut, so they ask to see our rigs. We show them our halibut trap rigs with whole herring/squid. Then they said please release any further rockfish asap. And even told us of areas where they seen halibut caught in the last few days. Now if I had a shrimp fly rig on, I think I would've been ticketed. Even if I had no intent on targeting or keeping rockfish.

I think it all comes down to what area you are fishing and what rigs you are using.

As for your word against the wardens word. Try that with a speeding ticket. The judge is going to take the cops or wardens word. By the way game wardens can enforce the road laws as well. If you say your fishing for a fish that is out of season.You just admitted to breaking the law. And many times there are two wardens out there at the same time. Just be sure what your fishing for and how.

As far as I know, any legal sized fish (other than tilapia) can be used for bait in the ocean.

Another prime example is the use of sand dabs for halibut and lings.


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