Topic: Can Casting Barbless Teasers Still Be Considered Fishing? (Read 1032 times)

November 01, 2014, 03:06:28 AM

March 18, 2010

Question: I invited a fishing buddy to go fishing with me this week. He had not yet obtained a license so we came up with the idea to remove the hooks from one of his swimbaits so that he could toss it out just as a teaser. It didn’t seem to be considered angling since the regulations say: pursue, hunt, capture or attempt to do so (roughly), and that the fish has to voluntarily take hook in mouth and no snagging is allowed. Since we would have no hooks on the lure, is this considered fishing as described in the regulations? (Brian S.)

Answer: Tell your fishing buddy to do his practice casting onshore or get a license. They are available online at http://www.dfg.ca.gov/licensing/.

According to DFG ret. Capt. Phil Nelms, based solely on your description, it would not be surprising if a game warden issued him a citation. It appears from the description that he is helping you “take” (e.g. pursue, hunt, capture, or attempt to do so …) fish, and if so, then he needs a fishing license.

November 01, 2014, 07:57:03 AM #1

Hojo, thanks for your regular and informed replies on the regs. I think you kind of dismissed this question a little bit, but I actually had the same question for years.
There's a place not far from here with huge trout you can go watch from the bridge, collecting below the dam (not spawning).. but its closed to fishing of course. People buy fish food and toss it to watch the fish boil up, and we usually bring a bag of grasshoppers. But I have often thought about casting a hookless fly just to watch 'em pop it and feel the tug before they spit it out.

Can you be more specific about how this violates the hunt capture, pursue etc violation?

November 01, 2014, 08:08:38 AM #2

Hojo is reposting the DFW column by Carrie Wilson. We often discuss these columns here though. What is your exact question? That is a lot easier to answer than a general "be more specific".

Also, for what it is worth, I think she got the result wrong in this answer. The part she got right is having the buddy just buy a fishing license already.

November 01, 2014, 08:10:53 AM #3

Bioman,

These are Q&As from DFGs website (probably written by C Wilson). I think it was pretty clear that since the hookless angler was assisting in take, that he too should have a fishing license.

I assume you are talking about the bridge in Tahoe city? Even if you were fishing with a hookless fly you would get lots of dirty looks, and have caltip called on you, which would waste the time of our wardens (who are already stretched thin).

While it may be legal, I think the ethical thing to do would be to refrain from dropping a line in no-fishing areas.

November 01, 2014, 08:14:51 AM #4

Here is a column from June 20, 2013:

Fishing license when practicing fly fishing?
Question: Will we need a fishing license at Big Bear Lake if we are only fly rod casting in the water? We just want to learn how to cast a fly rod and will be using a fly without a hook on it. (Patrick G., Las Vegas, NV)

Answer: You do not need to have a license if the fly is not capable of hooking a fish.

November 01, 2014, 11:12:30 AM #5

This reminds me of this joke:

A couple went on vacation to a resort up north. The husband liked to fish, and the wife liked to read. One morning the husband came back from fishing after getting up really early that morning and took a nap. While he slept, the wife decided to take the boat out. She was not familiar with the lake, so she rowed out and anchored the boat, and started reading her book. Along comes the Game Warden in his boat, pulls up alongside the woman's boat and asks her what she's doing? She says, "Reading my book." The Game Warden tells her she is in a restricted fishing area and she explains that she's not fishing. To which he replied, "But you have all this equipment. I will have to take you in and write you up!" Angry that the warden was being so unreasonable, the lady told the warden, "If you do that, I will charge you with rape." The warden, shocked by her statement, replied, "But I didn't even touch you." To which the lady replied, "Yeah, but you have all the equipment!"

source: http://www.jokes4us.com/peoplejokes/gottheequipmentjoke.html

November 01, 2014, 12:47:52 PM #6

That was a good joke.

But to the question about gear I was recently thinking similar questions in my head. If you were out with a jig with no hook you could still catch a ling at least until it spit it out. They are often hitchhikers and will grab other fish on the way up so technically you could be cited for species that do that.

I was going to use some flashers to attract fish from my kayak or tube when spearfishing (when reg fishing is closed) but decided not to use fake squid or shrimp or anything that a fish would latch onto. Not sure if that is overkill but don't want to be the one testing the wardens discretion and law interpretation.

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Topic: Can Casting Barbless Teasers Still Be Considered Fishing? (Read 1032 times)

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