Can I get my chops busted for....-gctid392494

[Guest]

Will the wildlife guys bust me up for letting a friend play a fish for a while ? I mean, they dont have a license, I set the hook, hand them the pole for a while, and then land the fish myself.

[FISHIN00]

Everywhere I've been....if they see the fishin pole in the person hands...they are fishing...therefore they require a licence...as pointed out to me years ago in WI.

[Guest]

I can't speak for Washington, but in my area, there are some cases where Conservation Officers have charged a guy's wife for fishing without a licence when she was in the boat reading while he fished. Only one line in the water, too.

[kwb]

I know that fishing derby rules almost always say right up front each person on boat must have fishing license to be elegible to win prizes.

I suspect this is to make sure that boat is in compliance with rules of most states.

If they don't have a license and have pole in hand at any point they are going to be in violation of law.

[yachtman]

Yeah you can.... not only that in the state of washington if you have a pole in the boat and dont have a licence you can get ticketed. They wont be nice about it either.

[Guest]

yachtman wrote:
Yeah you can.... not only that in the state of washington if you have a pole in the boat and dont have a licence you can get ticketed. They wont be nice about it either.

WTF??? I have never heard of this before - are you trying to tell me that possession of fishing equipment is illegal unless you have a license ?

[SomeSailor]

You have to be actively fishing. Just having the pole aboard will not get you a ticket. And yes... you they can get a ticket for fishing without a license if you hand them the pole.

Using that logic Mike... only one person would have to have a license.

[yachtman]

PugetMike wrote:
WTF??? I have never heard of this before - are you trying to tell me that possession of fishing equipment is illegal unless you have a license ?

If you are in a boat or walking on the shoreline of water with a fishing pole and you dont have a licence they can ticket you. Im not saying the will but you better have a good reason for doing so.

[Guest]

You guys don't have boat licences there? Here in VA you can get a license for the boat, everyone on board is covered...

[yachtman]

Here is one instance i have found while searching. Now while having a pole on board does not constitute fishing but if the fish and game has determined that or decided that you have been fishing with that pole with out a licence you will get ticketed even if you havent. So in certain circumstances. Yes it can happen. Now this instance is frmo montana but washington is the same. If a fish and game person decides youve been fishing well you've been fishing true or not.

Fishing Without a License

My question involves criminal law for the state of: Montana

My friend and I were stopped by fish and game officers as we were hiking out of the back country. We were about a 1/4 mile form the trail head and at least 3 miles from the lake where we camped. They asked where we had been and then asked to see our fishing licenses. both myself and my friend were carrying collapsed fishing poles on the outside of our packs. My friend showed them his license and I told them that I had not been fishing and was only carrying a back up pole. The officers then separated us and we were each questioned. We both told the officers that I had not been fishing and had not assembled my pole. They then ticketed me for fishing without a license. My question is does carrying a fishing pole in the back country constitute fishing? Am I innocent until proven guilty? Can I be charged with no proof that I actually fished?

Thanks in advance for any help with this matter.

[joeydiver]

SomeSailor wrote:
You have to be actively fishing. Just having the pole aboard will not get you a ticket. And yes... you they can get a ticket for fishing without a license if you hand them the pole.

Using that logic Mike... only one person would have to have a license.

I can tell you that here in the good ole state of NY, I was saltwater fishing while my wife was reading (seems like a running theme here), the DEC guys asked for my licenses, er, registrations (which I had) and saw the other spinning rod I keep on the boat IN THE CABIN, and asked for my wifes registration. She didnt have one, doesnt fish. The guy was ok about it, didnt fine me, but said if there are rods on board equal to the number of people on board (over the age of 16, I believe), they can consider that proof of intent to fish, or have fished, or whatever. I never looked it up to verify. Its a free registration, but they can fine you if you dont have it.

Joey

[rafaelfigueira]

PugetMike wrote:
Will the wildlife guys bust me up for letting a friend play a fish for a while ? I mean, they dont have a license, I set the hook, hand them the pole for a while, and then land the fish myself.

In Oregon, yes: "All persons 14 years or older must have in possession a valid Oregon angling license to angle for or take or assist another in angling for or taking of any fish for personal use". In other words, every hand holding a pole should be licensed.

Since WA and OR share so many of their regulations, I bet it's the same up there.

[Guest]

I suspect the rules are a little different when you have a boat with a head, kitchen, and sleeping quarters. With the exception of DHS in a constitution free zone, this kind of boat is considered a home.

[Machog]

Just don't tell anyone, or put it on a forum...............oh crap!

[Guest]

Here in Calif if you are on a boat or have a car or trailer, you can have all the poles you want, license applies to who is actively fishing ie: holding rod, 2 rods in water = 2 people (unless you have a 2 rod stamp) etc.

If walking / backpacking with rod, you must have license if in an area where you can possibly take fish - ie: you and wife are walking down to lake, she is not fishing but you want to try 2 different rods, you must carry both rods and only 1 may be used at a time unless you have 2 rod stamp. Seems F&G here are a little more forgiving than other states, which is hard to believe!