So who's Salmon is it?

I witnessed a strange incident while fishing for Salmon on the Sacramento River this weekend.

2 young fishermen were trolling for salmon when one of their lines got a hit. During its initial run, the salmon immediately got snagged in the belly by an older shore angler. The 2nd boater was slow in retrieving his line, resulting in a 3 line entanglement. It took the 2nd boater a few minutes to untangle his line from the other 2 lines. At this point the older shore angler reeled feverishly and another shore angler managed to net the salmon for him, and gave him the net. The older shore angler then saw there were 2 lures in the salmon, a purple colored blue fox in the salmon's mouth belonging to the boater, and his yellow flying c embedded in the salmon's belly. He immediately cut the line to the blue fox and asked who was the owner of the lure. The young boater correctly identified his lure and asked for its return, not knowing that it was his lure in the salmon's mouth. The older shore angler turned towards shore and proceeded to remove the lure and return it to its rightful owner. But he kept the salmon.

So who is the rightful owner of the salmon? Is it the boater that hooked the salmon in the mouth, but did not manage to land it, or the older shore angler who foul hook the salmon in the belly but landed it with the help of another, or nobody's because it was not caught by angling and landed by the same angler?

I thought the fish should have been released because it was snagged, but clearly the older shore angler's opinion differed.

From page 13 of the 2013 Freshwater Sport Fishing Regulations:

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=58844

ARTICLE 1. FISHING METHODS AND GEAR RESTRICTIONS
2.00. FISHING METHODS--GENERAL.
(a) Except as otherwise authorized, all fish may be taken only by angling with one closely attended rod and line or one hand line with not more than three hooks nor more than three artificial lures (each lure may have three hooks attached) attached thereto. Anglers in possession of a valid two-rod stamp and anglers under 16 years of age may use up to two rods in inland waters which regulations provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used. See District Trout, Salmon and Special regulations for exceptions.
(b) Snagging is prohibited. Snagging is defined as impaling or attempting to impale a fish in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implement. This definition does not include activities otherwise authorized under these regulations for the lawful use of a gaff, bow and arrow, or spear.
(c) It is unlawful to kill, or retain in possession any fish which has not voluntarily taken the bait or artificial lure in its mouth. Any fish not taken pursuant to these regulations, shall be released immediately back into the water.

I'd say the older shore angler has some SERIOULY BAD KARMA COMING! That's BS

I'd say the older shore angler has some SERIOULY BAD KARMA COMING! That's BS

Plus 2 that...its Obviously the boaters fish..the old bankie shouldve realized it wasnt his lure in the fishes mouth and his snagged..

Definitely the boaters fish and the old guy on shore is a dick.

Yeah.  It was the boaters fish.

I'm sticking to fishing for salmon in the ocean!  That sounds like a zoo!

Josh

What a dick move by the shore angler.  The way I see it, hooked in the mouth or not, shouldn't it belong to whoever hooked it first and for them to release it or not depending on how it was hooked?

It's called a foul for a reason!  Boaters fish for sure. We might need instant replay out there.

Definitely the boaters fish and the old guy on shore is a dick.

This.

No grey area here and clarily a black and white situation.  Sounds like someone didn't give a $jet about it. 

Lol. 
Not uncommon to see some asshat snag and keep another dudes legally caught salmon.

The Sac River, Feather, and American have a shitload of shitbags salmon fishing right now. Avoid the crowds.

Avoid the crowds.

Matt said it. Just ain't worth it. I fish to relax and commune with nature...

ruben

I'm gonna go out on a limb here and say that NEITHER of them could claim ownership of the fish because NEITHER of them legitimately caught it. The boater caught it with the help of a foul-hook and shore net job (regardless of whether he hypothetically would have caught it anyway), and the bank guy is just a douchebag...

So who gets the fish? NO ONE!

**puts on law school property class hat**

The bank fisherman owns the salmon.  The capture of animals ferae naturae on public land is the one area of the law where possession is king.  The boat fisherman did not have possession of the salmon and did not have more than a hope of landing it.  The bank fisherman intervened and captured the salmon by securing possession.  The seminal and ancient case of Pierson v. Post, in which one hunter (Post) had been chasing a fox, and whose hounds had tired the animal, who sued a young man (Pierson), who came along at the last minute and captured the fox, claiming it for himself. 

This is first week of law school stuff.

**Takes off law school hat**

Bank fisherman is a dickbag.

**puts on law school property class hat**

The bank fisherman owns the salmon.  The capture of animals ferae naturae on public land is the one area of the law where possession is king.  The boat fisherman did not have possession of the salmon and did not have more than a hope of landing it.  The bank fisherman intervened and captured the salmon by securing possession.  The seminal and ancient case of Pierson v. Post, in which one hunter (Post) had been chasing a fox, and whose hounds had tired the animal, who sued a young man (Pierson), who came along at the last minute and captured the fox, claiming it for himself. 

This is first week of law school stuff.

**Takes off law school hat**

Bank fisherman is a dickbag.

But if the guy got the fox illegally how can he claim legal possession?

The bank fisherman should get a 5FDP.

The fish was legally hooked, just not by him. Taking that fish looks legal to me.

What are the rules on use of gaffs there?  Ticket him for that.