Catch-and-Release Fishing During a Closed Season

March 20, 2014

Question: In the freshwater regulation hand book under Section 1.38 it states: “CLOSED SEASON. That period during which the taking of fish, amphibians, reptiles, mollusks or crustaceans is prohibited.” This leads to my question regarding whether a person can still fish during a closed season as long they release all the fish they catch? In other words, I would practice catch and release and use barbless hooks to protect the fish from further harm. The regulation restricts the taking of fish, but no fish will be taken. I am very confused. Can you help clarify? It’s kind of twisted and confusing. (Robin O.)

Answer: Fishing during a closed season is prohibited, period. Even though you don’t intend to take any fish away with you, the definition of take is to “Hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so” (CCR Title 14, section 1.80). Therefore, despite your best methods, even the attempt to fish is prohibited.

There are few exceptions, but the take of crayfish other than with hook and line is authorized when a stream is otherwise closed to fishing (CCR Title 14, section 5.35(e)). Typically, crayfish may be taken only by hand, hook and line, dip net or with traps not over three feet in greatest dimension (CCR Title 14, section 5.35). Most crayfish have no limit and the season is open all year. However, Shasta crayfish are protected and so there are specific river and lake closures listed for their protection in the 2014-2015 California Freshwater Fishing Regulations booklet (see page 21), as well as online at http://www.dfg.ca.gov/regulations/. Look for subsection (d) of this section for the closed waters to avoid.

Thank you for that. Good stuff!