Some Organic Fishing Methods Not Legal

March 11, 2010

Question: There is an old legend that local Native Americans used to grind up the roots of Yucca Plants and spread them in the water to “stun” fish so they could collect them. Can I use this as a fishing method? (Jeff, Riverside County)

Answer: No. Although that may have been how Native Americans historically fished and a seemingly natural method, today the use of chemicals of any type is not a legal method of take. According to Department of Fish and Game (DFG) Game Warden Patrick Foy, fish must be taken by angling, which is defined under the California Code of Regulations, Title 14, section 1.05 as “to take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth” (exceptions are listed in Section 2 of the fishing regulations, under Fishing Methods and Gear Restrictions).

Adding these ground-up root chemicals to the water would also be unlawful because it is generally illegal to deposit in, permit to pass into, or place where it can pass into the waters of this state any substance or material deleterious to fish, plant life or bird life (Fish and Game Code, section 5650[a][6]). In addition, FGC, section 5650(a)(5) specifically prohibits the use of Cocculus indicus, the plant from which these legends are derived.