Trading a Sport-caught Fish

July 19, 2018

Question: I know I can’t sell a salmon if I catch it with my normal fishing license but is it technically illegal to trade something for it? (Rich, Oroville)

Answer: California Fish and Game Code (FGC), section 7121 states that it is unlawful to sell or purchase any fish or amphibia taken in, or brought into, the waters of the state, or brought ashore at any point in the state. There are exceptions for those who fish under the authority of a commercial fishing license and those who purchase fish from the commercial fishing industry, commercial vendors, grocery stores, etc. If you caught your salmon with a recreational fishing license you are not in the commercial fishing category and you cannot sell your fish. You also cannot trade something for your fish. The definition of “sell” per FGC, section 75, includes to offer or possess for sale, barter, exchange or trade. And to close the loop, it would be unlawful to “buy” recreationally caught fish. FGC, section 24, defines “buy” as an offer to buy, purchase, barter, exchange or trade.

This goes for salmon roe also.  I got a warning from a warden many years ago for trying to trade the roe of a hen I caught on the Trinity River.  You can gift fish but there cannot be any expectation of a quid pro quo.