wildtrout2
Well-known member
I ran into this subject on the PFBC web site Q & A section. I'd like to hear what you folks think of this? I find it contradictory at best.
Q & A
Extended Trout Season Regulations
QUESTION
It's my understanding that after Labor Day the extended trout season goes into effect. I'm a little unclear on how the rules apply to wild trout streams that aren't on the list of waters approved for stocking. I know I cannot keep any trout from the wild trout streams, but can I fish catch and release? Or are these waters closed to fishing now?
ANSWER
The only waters the Commission closes to fishing are the designated approved trout waters which are closed from March 1 until the opening day of trout season. It is unlawful to fish in them for any species during that period of time.
The Commission does not prohibit fishing in other waters which contain wild trout even when it is unlawful to keep them. So it is not a crime to fish in those waters during the extended trout season.
**However, the current regulations also do not specifically permit catch-and-release of wild trout during the time when they are out of season. This means that anglers who fish for trout in anything other than approved trout waters or some specially regulated waters during the extended season could find themselves in violation of the law.
Here's how: The fishing regulations state that it is unlawful to catch fish except during their season. To protect those who may inadvertently catch a fish during closed season, the regulations state that it is not a violation if a fish is caught during a closed season while legally fishing for another species if that fish is immediately returned unharmed to the water. This does create a strict liability standard: If the fish caught out of season is harmed or killed - even inadvertently - the fact that an angler says he is fishing on a catch-and-release basis is no defense.**
It seems to me that with the current regulation, not only is it contradictory, but it potentially invites legal hassels. Honestly, what else would someone be fishing for on a wild trout stream, other than trout?
Q & A
Extended Trout Season Regulations
QUESTION
It's my understanding that after Labor Day the extended trout season goes into effect. I'm a little unclear on how the rules apply to wild trout streams that aren't on the list of waters approved for stocking. I know I cannot keep any trout from the wild trout streams, but can I fish catch and release? Or are these waters closed to fishing now?
ANSWER
The only waters the Commission closes to fishing are the designated approved trout waters which are closed from March 1 until the opening day of trout season. It is unlawful to fish in them for any species during that period of time.
The Commission does not prohibit fishing in other waters which contain wild trout even when it is unlawful to keep them. So it is not a crime to fish in those waters during the extended trout season.
**However, the current regulations also do not specifically permit catch-and-release of wild trout during the time when they are out of season. This means that anglers who fish for trout in anything other than approved trout waters or some specially regulated waters during the extended season could find themselves in violation of the law.
Here's how: The fishing regulations state that it is unlawful to catch fish except during their season. To protect those who may inadvertently catch a fish during closed season, the regulations state that it is not a violation if a fish is caught during a closed season while legally fishing for another species if that fish is immediately returned unharmed to the water. This does create a strict liability standard: If the fish caught out of season is harmed or killed - even inadvertently - the fact that an angler says he is fishing on a catch-and-release basis is no defense.**
It seems to me that with the current regulation, not only is it contradictory, but it potentially invites legal hassels. Honestly, what else would someone be fishing for on a wild trout stream, other than trout?
im not kidding either :-o
