Fishing After Bag Limit

August 20, 2009

Question: If I have five trout on my stringer, can I continue to fish if I don’t keep any more than the five fish bag limit? In other words, catch-and-release after I have my limit of five? Thanks. (Don B.)

Answer: Good question, but the answer is NO. The definition of “take” is to “hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so” (FGC Section 1.80). Therefore, catch-and-release fishing is not legal unless you’re still under your maximum bag limit.

If you catch your limit of stripers (2) and then fish for black bass and accidentally catch a striper,  is that illegal?

If you catch your limit of stripers (2) and then fish for black bass and accidentally catch a striper,  is that illegal?

I think the definition says that if you don't keep it and you are not trying to catch a striper you are OK.

If you catch your limit of stripers (2) and then fish for black bass and accidentally catch a striper,  is that illegal?

I think the definition says that if you don't keep it and you are not trying to catch a striper you are OK.

That is my understanding. The safest thing though is to stop fishing when you have a bag limit of any species or fish with one fish less than a bag limit if your fishing tactics could catch multiple species including the species you have a bag limit of. It has come up before with rockfish/salmon/halibut/WSB where intent is sometimes not straightforward and what species you have on your clip may define what you are fishing for in some situations in the eyes of the DFG.

If you catch your limit of stripers (2) and then fish for black bass and accidentally catch a striper,  is that illegal?

I think the definition says that if you don't keep it and you are not trying to catch a striper you are OK.

That is my understanding. The safest thing though is to stop fishing when you have a bag limit of any species or fish with one fish less than a bag limit if your fishing tactics could catch multiple species including the species you have a bag limit of. It has come up before with rockfish/salmon/halibut/WSB where intent is sometimes not straightforward and what species you have on your clip may define what you are fishing for in some situations in the eyes of the DFG.

Nailed it

Better to err on the side of caution than fighting it in court.

If the water you are fishing has more than one species and you get a limit of the species you are targeting, switch gear and target another species. Release any incidentally caught fish that would put you over limit.

It isn't uncommon for me to continue fishing for rockfish after I get a limit of lings. The same tackle that catches lings will catch cabbies. No one has ever questioned me and I've never given the notion that the warden would care any thought. Just keep in mind that in the ocean there is a limit of 20 in combination for most finfish in addition to species limits.

Has this ever come up for you guys?  I'd be surprised. Obviously if you are fishing a high mountain lake that has nothing but trout, stop fishing when you get your limit. Other than that, just fish.

just fish.

Sounds like the making of a song to me....

 

The definition of “take” is to “hunt, pursue, catch, capture or kill fish, amphibians, reptiles, mollusks, crustaceans or invertebrates or attempting to do so” (FGC Section 1.80). Therefore, catch-and-release fishing is not legal unless you’re still under your maximum bag limit.

Like many of the regulations, I have found flaws in this one, would love some more clarification ,  what about catch and release only waters where the max bag limit is zero?   Thanks hojoman for doing these posts always enjoy reading them, first time one I have issues/questions about.