CA DFG No Hook Outside Mouth Rule?

[CharleyA]

Clue me in guys. I thought this was a bogus rule except when sightfishing. But I heard quite a few Elite guys were throwing back non-sight fish hooked outside of the mouth at ClearLake.

Thanks,

Charley Almassey

[ASD]

here we go again

[ASD]

try a "Search " it has already been beat to death here!

[mrfishin86]

I'm pretty sure it was written because of people snagging and keeping salmon but because there was no stipulation put in the rule it reads as though it applies to every species.

(b) Snagging is prohibited. Snagging is defined as impaling or attempting to impale a fish in any part of its body other than the mouth by use of a hook, hooks, gaff, or other mechanical implement. This definition does not include activities otherwise authorized under these regulations for the lawful use of a gaff, bow and arrow, or spear.
(c) It is unlawful to kill, or retain in possession any fish which has not voluntarily taken the bait or artificial lure in its mouth. Any fish not taken pursuant to these regulations, shall be released immediately back into the water.

[massbaster]

When I was watching the flw from clearlake I saw Randy macabee keep a bass he had foul hooked on a DD22 , so I thought they had fixed that rule

[keithcant]

As pointed out before....the BAIT must be taken by the fish 'in it's mouth' and the regulation does not specify if the hook must start from inside the mouth and protrude outward....nor outside the mouth and protrude inward -----or the bait taken by fish 'in the mouth' and as doing so got impaled by the hook elsewhere. The regulation applies to taking the bait. The position of the hook helps demonstrate that but as stated....thae regulation shown does not specify where the hook must be.

A tailhooked fish would arguably be not likely taking the bait or artificial in the mouth.....but depending on the bait used a gill plate hooked fish quite likely was attempting to take it in the mouth.

The usual tournament rule of NO outside mouth hooked bed fish rule is a separate 'rule' having no involvement with state regulations----and seems designed to thwart any argument that a non inside mouth hooked bed fish was TRYING to take the bait into the mouth. (NO ONE WOULD FIB ON THIS POINT WHEN THOUSANDS$$ ARE INVOLVED-----I'm sure).

Various insights and opinions of what various DFG action would be is merely the opinion of that DFG report writer or enforcement officer. HE is not the LAW nor is his particular action nor opinion the LAW. The LAW is what is specifically written in the statute and any particular precedent via citable cases concerning that particular law.

An interesting issue doe emanate from the usual tournament rule 'get cited---get DQed'. Especially 'interesting' if the cite comes from a clueless cite-writer.

[Cooch]

I was quite surprised too Charlie, we heard all this week from anglers releasing caught fish up there. Ya just gotta believe as some kinda precautionary reason, maybe there was an emphasis on a potential bedding bite, that Tripp Weldon passed this down.

The two rules as stated above are purty clear,

"b: Snagging is prohibited. Snagging is defined as impaling or attempting to impale a fish in any part of its body other than the mouth "
and
"c: It is unlawful to kill, or retain in possession any fish which has not voluntarily taken the bait"

Most of the guys reporting this, were indeed catching them on a crankbait, a Chatterbait or flippen some sort of plastic. No doubt, these fish were ineed voluntarily attacking the baits! The fact that there were NO fish on beds being reported, I believe every single one of those anglers who released a fish due to this rule, was misled and got screwed because of some officials mis-interpretation of the California DFG Rule!

[tunaman]

B.S. is all I have to say... not getting dragged back into this since so many just refuse to accept the truth.

Bottom line - go back and watch the Clear Lake tournament when Kennedy won, all the while releasing several giants on Hudds - that demonstrates the intent of the rule perfectly.

Kudos to Niggemeyer and the rest of the guys who got it right once again, in spite of the cheese on the line.

Someone needs to petition the Fish and Game Commission to get this ruling removed... it has nothing to do with salmon or intentional snagging.

OUT!

Roger

[Brian D.]

ahhh Ha! I was wondering when you'd be sucked back in to the foul hooked fish vortex. LOL...

[DanIsaac]

yep, just one more example of CA at it's best. If it makes sense, avoid it at all costs, that's this State's MO.

Cooch I agree with you one this one. The way the rule is written IMHO, intent has to be taken into consideration.

Dan

[bigbass111]

I work with a retired fish and game warden. He says if the fish is caught anywhere outside of the mouth sighfishing OR NOT. It is deemed snagged and must be released. He fishes himself and says it sucks but its a rule just like no use of game fish as bait..

That is why you see the Elite guys following the REAL rules. Tripp Weldon made sure of the rule I can guarentee you that. These guys fishing other tours keeping reation bait fish hooked in the head should be DQ'd do to CA REGULATIONS..

DFG doesn't care if the fish was the one being aggressive. If the fish did not get the bait INTO its mouth then it doesn't count...

VERY SIMPLE GUYS, NO GRAY AREAS....