Definition of foul hooking a fish?

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ScottyJ
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Definition of foul hooking a fish?

Post by ScottyJ »

Does it vary from organization to organization or is there a standard definition as to what qualifies for a foul hooked fish in a tournament. The other day I was fun fishing and caught a 4 pounder on a spook. Originally the fish had the back set of hooks in the mouth and the front set in the side of the head. After I landed the fish the back set was hooked on its "nose"area and front set were still in the side of its head. There was obvious intent for the fish to eat the bait but would this fish have to be released in a tournamnet situation. Thanks1

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Re: Definition of foul hooking a fish?

Post by Mike »

Happens all of the time with top water baits. That is a legal catch. The only time its NOT OK to keep a foul hooked fish is if you are bed fishing.
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Re: Definition of foul hooking a fish?

Post by Phil »

For 20 plus years I have been told anything outside the mouth is foul hook. Saw a guy loose a tournament one year at Clearlake because of it, not intended but it happens.
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Re: Definition of foul hooking a fish?

Post by jamescaird »

The definition of foul hooked is hooked outside of the mouth, not too many will argue that one.

As for tournament rules seems like foul hooked fish are mainly not allowed when sight/bed fishing, to prevent INTENTIONAL foul hooking of fish on beds.

In your example I think some would consider that a legal tournament catch, the tournaments seem to have pretty clear rules on this matter. There is often a sight fishing/bed fishing distinction for "hooked inside the mouth".

As for DFG rules, they can't be hooked outside the mouth (at all, regardless of circumstances), which would over-ride local tourney rules if you wanted to get technical.
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Re: Definition of foul hooking a fish?

Post by rico »

If my memory serves me correctly, Steve Kennedy turned loose a big swimbait fish at Clear Lake at the Elite Series event. The fish had the hook on the outside of the mouth. So it would seem this applies all the time, not just to bed fishing.
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Re: Definition of foul hooking a fish?

Post by 201Pro »

rico wrote:If my memory serves me correctly, Steve Kennedy turned loose a big swimbait fish at Clear Lake at the Elite Series event. The fish had the hook on the outside of the mouth. So it would seem this applies all the time, not just to bed fishing.
That's my understanding. CA F&G regulations stated that all game fish must be hooked in the mouth or it must be released!!
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Re: Definition of foul hooking a fish?

Post by Mike »

rico wrote:If my memory serves me correctly, Steve Kennedy turned loose a big swimbait fish at Clear Lake at the Elite Series event. The fish had the hook on the outside of the mouth. So it would seem this applies all the time, not just to bed fishing.

BASS is the only circuit that has enforced the rule. All others are only during bed fishing.
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Re: Definition of foul hooking a fish?

Post by tunaman »

Mike wrote:BASS is the only circuit that has enforced the rule. All others are only during bed fishing.
Incorrect sir... it is CA DFG law that all fish must be caught with the hook on the inside of the mouth, and every tournament organization I know of stresses that all DFG rules and regulations apply.

I have an email validating that from the Director of CA DFG if you'd like to see it?

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Re: Definition of foul hooking a fish?

Post by tunaman »

Here's a link to the thread with the final ruling on the matter:

http://westernbass.com/forum/viewtopic. ... highlight=

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Re: Definition of foul hooking a fish?

Post by Mike »

tunaman wrote:
Mike wrote:BASS is the only circuit that has enforced the rule. All others are only during bed fishing.
Incorrect sir... it is CA DFG law that all fish must be caught with the hook on the inside of the mouth, and every tournament organization I know of stresses that all DFG rules and regulations apply.

I have an email validating that from the Director of CA DFG if you'd like to see it?

Roger


What am I incorrect about? I said, "BASS is the only circuit that has enforced the rule. All others are only during bed fishing". I acknowledge that there is a rule on theDGFG's books, but most tournament orgs rules state that only fouled hooked fish while in the act of sight fishing shall be released.
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Re: Definition of foul hooking a fish?

Post by Marc »

Happens all of the time with top water baits. That is a legal catch. The only time its NOT OK to keep a foul hooked fish is if you are bed fishing.
Mike, if you believe that is a legal catch, you are setting yourself up for a rude awakening. A foul hooked bass that is retained is illegal the moment you don't immediately release it in California. All tournament rules require first and foremost that all follow the State law. The State law requires the "immediate release" of foul hooked bass. Period.

They all enforce State law.

Because some tourney organizations operate in states that allow the retention of foul-hooked bass except when bed fishing, they may also state so; but this is trumped if you are fishing in a State like California which always requires the release of foul-hooked fish.

Focus on the rule that says all State rules will be enforced.

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Re: Definition of foul hooking a fish?

Post by Marty »

The rule reads “such a manner that the fish voluntarily takes the bait or lure in its mouthâ€
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Re: Definition of foul hooking a fish?

Post by bryanmc »

tunaman wrote: Incorrect sir... it is CA DFG law that all fish must be caught with the hook on the inside of the mouth, and every tournament organization I know of stresses that all DFG rules and regulations apply.

I have an email validating that from the Director of CA DFG if you'd like to see it?

Roger
Marty is exactly correct. Tuna... please show me the word HOOK in this section copied from the Ca. state fishing regulations

1.05. Angling.
To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.


The law was written to prevent deliberate snagging of fish, BASS misread it in their own special way. Again, there is nothing in the regs that I can see that says the fish must have a hook in it's mouth.
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Re: Definition of foul hooking a fish?

Post by Hardshell »

Mike wrote:Happens all of the time with top water baits. That is a legal catch. The only time its NOT OK to keep a foul hooked fish is if you are bed fishing.
Correct!

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Re: Definition of foul hooking a fish?

Post by clearlakeoutdoors »

Per cal dfg it is also illegal to cull dead fish , But FLW allows it! I think That If a fish eats the lure and its caught just outside the mouth it should be a legal catch.
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Re: Definition of foul hooking a fish?

Post by Andy Giannini »

I am starting to read the regs and tilting towards outside hooking is OK.

This seems funny, its not so much the intent of the angler that you must prove, like if you really were snagging fish off beds on purpose.

An outside the mouth hooked fish on a spook for example, would be a legal catch...but you would have to prove the intent of the FISH!

I could just see a fish on the witness stand testifying...

"For the record Mr. Bass, did you on the morning of 8/24/09 intentionally and voluntarily try to take a lure inside your mouth, or were you merely swiping at it with your tail?"

"I did, but not voluntarily...Mr. Giannini triggered a genetic response...The way he works those baits...its not fair. There was nothing I could do to stop myself. I hit it, but he provoked an involuntary reaction out of me. The bait had such powerful attracting and triggering stimuli...(Fish breaks down, into sobs..)
It was just so tempting, any fish would have done the same thing..."

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Re: Definition of foul hooking a fish?

Post by tunaman »

[quote="Marty"]The rule reads “such a manner that the fish voluntarily takes the bait or lure in its mouthâ€
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Re: Definition of foul hooking a fish?

Post by Oldschool »

The snagging rule was written to protect salmon, however applies to all fresh water game fish. Technically the CA DFG regualtion applies to CA tournament catches year around, not just bed fishing.
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Re: Definition of foul hooking a fish?

Post by tunaman »

Here is the response on behalf of the Director of the California Department of Fish and Game:

Mr. Nelson,
I am responding to your email on behalf of Director Broddrick, requesting clarification on California Code of Regulation section
2.00(c)

Section 2.00 in the Freshwater Sportfishing Regulations describes and limits the "Methods of Take" for sport fishing. Section 2.00 is intended to maintain the sporting nature of "angling" and clearly
separate it from commercial methods of take. Angling as defined in
section 1.05 means to take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait
or lure in its mouth. This means the fish must take the bait, lure or
hook “in the mouth.â€
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Re: Definition of foul hooking a fish?

Post by ScottyJ »

Since there is such a big discrepancy about the meaning, I wonder how many tournaments have people won or cashed a check cuz they have hooked a fish outside the mouth and not thought it was a big deal.
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Re: Definition of foul hooking a fish?

Post by Marc »

Here is the rule straight from the CA DFG regs:

(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.

Andy makes an amusing argument. Bottom line, when you land the fish and the hook is not "in its mouth" like stated above, I would love to see you convince the warden and judge that you did not violate the rule.

As you will recall, this is why Dottie wasn't submitted for an IGFA record, because she was foul-hooked and technically was not captured by a legal method in CA.

I don't like the CA reg, but it is the reg. You guys need to change it instead of trying to ignore it or focusing on the fish's intent. You have two standards being applied during tourneys, and it is unfair to those following the law. Tournaments shouldn't be won by being able to get away with something until caught.

In Washington State we changed the law to allow retention of fish that are "foul hooked," but at the same time "snagging" is illegal.

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Re: Definition of foul hooking a fish?

Post by sTony »

Guys can argue it all they want but, in California, anytime a fish is caught hooked outside the mouth it's not a legal catch. Spin it all you want, it's a DFG violation, which in and of itself is cause for disqualification from a tournament.

How this plays out amongst the non-tournament crowd or the bank anglers, heck you know how that one goes. But to think that there are all these guys fishing tournaments that will 'interpret' DFG rules to their own means is a pretty big reason why I won't fish many of them.

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Re: Definition of foul hooking a fish?

Post by Kilroy »

Here is a new twist... Pre fishing for the Frog Tournament I had a fish come up and WHAM, there it was. I did a Roland Martin style WHOA SON hook set and there it was. I clearly saw the fish take my frog in its mouth. When I boated the fish, The frog was outside the mouth BUT the hook was through the gill plate and the hook was INSIDE the mouth. Since the hook started outside is this a legal or not legal fish???
That's why they call it fishing, not catching...
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Re: Definition of foul hooking a fish?

Post by birdi23nls »

I have no horse in this race, i don't fish tournys and don't eat fish but...

this is one of those montesquieu, spirit of the law, type of things. It seems like the spirit of the law is to keep people from snagging fish on purpose. The letter of the law is a bit more difficult to understand.

does the hook have to be in the mouth when the fish is in the boat? if so, any fish that come off while swinging the fish is not legal?

what if the front treble hooks come out during the fight and the back hooks hook the fish in the outside of the mouth? the hook was in the fish's mouth at one time, therefore it is a legal catch?

what about what kilroy said? hook is in the mouth but starts on the outside?

there are so many variables...
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Re: Definition of foul hooking a fish?

Post by Greg_Cornish »

Mike wrote:What am I incorrect about? I said, "BASS is the only circuit that has enforced the rule. All others are only during bed fishing". I acknowledge that there is a rule on theDGFG's books, but most tournament orgs rules state that only fouled hooked fish while in the act of sight fishing shall be released.
Tunaman is like that. LOL :lol:

If its not a tournament and there's no-one within 2 miles is it still against the law?
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Re: Definition of foul hooking a fish?

Post by texas john »

Kilroy wrote:Here is a new twist... Pre fishing for the Frog Tournament I had a fish come up and WHAM, there it was. I did a Roland Martin style WHOA SON hook set and there it was. I clearly saw the fish take my frog in its mouth. When I boated the fish, The frog was outside the mouth BUT the hook was through the gill plate and the hook was INSIDE the mouth. Since the hook started outside is this a legal or not legal fish???
Ask those guys at Dixon what a Foul Hooked fish is...The one guy caught Dotty when she was well past the record....But Foul Hooked...If the hook does not originate from the inside of the mouth you should throw it back....That is just my take....I know a lot of Local Tournament rules specify no foul hooking of bed fish, I think it is just that their rules have not been updated.

My 0.02.....
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Re: Definition of foul hooking a fish?

Post by sTony »

Go into a court room and tell a judge that the letter of the law wasn't as important as the spirit of it and see how far that gets you.

Through the gill plate or not all that matters is were the hookpoints are in the fish. If inside the mouth, it's a legal catch.

And if while fighting a fish the bass slips from the trebles in it's mouth to the a trailing hook on the outside of the mouth, it's not a legal catch. All that matters is where the hooks are buried when you have it in your boat.

Most orgs I know of have rules that state that DFG or local regulations apply and supersede their own.

This is really what an honor system is all about. You're supposed to know the rules and regs and apply them, not 'your' interpretation of said rules and not the 'spirit' of the rules.

Again, with so may folks willing to argue this it's no wonder tournament draws are down. Sounds as if there is pretty much an anything goes attitude short of caging or tethering a fish and short of snagging a bedding bass.

I've talked to DFG about it several times and for those that don't believe me, call them and they'll tell you so. And if you want to see it changed you have to petition the Fish and Game Commission to do so.

sTony
Last edited by sTony on Mon Aug 31, 2009 12:53 pm, edited 2 times in total.
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Re: Definition of foul hooking a fish?

Post by sTony »

Reminds me of the story about golf legend Bobby Jones. Early in his amateur career, he was in the final playoff of the 1925 U.S. Open at the Worcester Country Club. During the match, his ball ended up in the rough just off the fairway, and as he was setting up to play his shot, his iron caused a slight movement of the ball. He immediately got angry with himself, turned to the marshals, and called a penalty on himself. The marshals discussed among themselves and questioned some of the gallery if anyone had seen Jones' ball move. Their decision was that neither they nor anyone else had witnessed any incident, so the decision was left to Jones. Bobby Jones called the two-stroke penalty on himself, not knowing that he would lose the tournament by one stroke.

When he was praised for his gesture, Jones replied, "You may as well praise a man for not robbing a bank."

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Re: Definition of foul hooking a fish?

Post by Tin Can »

sTony wrote:
Through the gill plate or not all that matters is were the hookpoints are in the fish. If inside the mouth, it's a legal catch.

huh? So the hook point enters the fish through the side of it's face and the point ends up on the inside of the fish's mouth it's legal?

Or, the hook point enters the fish from the inside and the hook point goes through the fish's face and ends up outside it's mouth it's not legal?
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Re: Definition of foul hooking a fish?

Post by sTony »

Tin Can wrote: huh? So the hook point enters the fish through the side of it's face and the point ends up on the inside of the fish's mouth it's legal?
Yes. Happens rarely but does occur. To clarify, the rules say 'in the mouth; meaning inside the mouth.' It doesn't say anything else or other then that. So, whether it came in through the gill plate or up the anal canal, all that matters its where the hooks are and if anywhere other then inside the mouth, it's not legal. That's extreme, but it's literal and that is all that matters.
Tin Can wrote: Or, the hook point enters the fish from the inside and the hook point goes through the fish's face and ends up outside it's mouth it's not legal?

Yes again.

Read the letter of the law and try not to add to it. All it says, very clearly, is that the hooks must be in the fishes mouth. If you have a treble hook and one point is in and one point is out all that really matters is that hook point on the inside. That meets the criteria.

For crying out loud, this isn't brain surgery.

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Re: Definition of foul hooking a fish?

Post by Andy Giannini »

Hey Stony,

I am going to get really weird here, the question is,

Does the fish only have a mouth on the interior? It doesn't really have anyparts external? Like if I hooked one outside its lip, would n't that also be part of its mouth?

I think this is entirely different than hooking one in the rear, or anal vent which I have manage to accomplish.

Not trying to have fun with you Stony, just having fun with the topic in this instance.

Its pretty tough to catch a fish on a Smithwick Rogue for example and not get one hook in outside somewhere?

I have always figured the intent of the fish was to eat the bait, so I was not deliberately foul hooking fish, although it could be interpreted that way. I did not see the fish, but only generated the strike etc.

Fun topic!

A.G.

You know, I can't find the "Hook in mouth" part, only "bait or lure in mouth". I will call DFG to get some feedback, this is interesting, if you get down to the letter of the law so to speak.
Last edited by Andy Giannini on Mon Aug 31, 2009 1:48 pm, edited 2 times in total.
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Re: Definition of foul hooking a fish?

Post by Tin Can »

sTony wrote:
Tin Can wrote:

For crying out loud, this isn't brain surgery.

sTony
Don't get yer panties in a wad there bud, you're the one confusing matters with talk of hook points and such. :D

All that matters is where the point enters the fish, not where it ends up. If a fish eats a worm and your big *** 4/0 EWG hook goes all the way through the lower jaw it's legal as can be.
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Re: Definition of foul hooking a fish?

Post by Tin Can »

Andy Giannini wrote:
You know, I can't find the "Hook in mouth part, only bait or lure in mouth". I will call DFG to get some feedback, this is interesting.
So then if I catch a fish on a spook it must have the spook itself in it's mouth to be legal? If it's hanging by a treble it's not legal!

Throw em back!


I'm just having some fun so nobody get mad! :D I don't fish tourneys and I do't eat bass so any bass I catch just goes right back anyway
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Re: Definition of foul hooking a fish?

Post by Greg_Cornish »

What if the line goes in the fishes mouth, out the gills, wraps around the fish twice goes back in the mouth, out the other gill and hooks another fish by the dorsal fin? Is that in the DFG rules?
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Re: Definition of foul hooking a fish?

Post by sTony »

Greg_Cornish wrote:What if the line goes in the fishes mouth, out the gills, wraps around the fish twice goes back in the mouth, out the other gill and hooks another fish by the dorsal fin? Is that in the DFG rules?
That would be a NO, :lol:


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Re: Definition of foul hooking a fish?

Post by birdi23nls »

This is starting to get funny. There are so many variables, and that was my point with the letter of the law vs. the spirit of the law thing. I could really care less but when you start trying to interpret what some idiot lawmaker wrote, this is what you get.

Whoever writes these laws are either slightly retarted or they write them vague on purpose so that they can write someone a ticket.

This reminds me of Bill Clinton arguing what the meaning of is is
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Re: Definition of foul hooking a fish?

Post by sTony »

Andy Giannini wrote:Hey Stony,

I am going to get really weird here, the question is,

Does the fish only have a mouth on the interior? It doesn't really have anyparts external? Like if I hooked one outside its lip, would n't that also be part of its mouth?

I think this is entirely different than hooking one in the rear, or anal vent which I have manage to accomplish.

Not trying to have fun with you Stony, just having fun with the topic in this instance.

Its pretty tough to catch a fish on a Smithwick Rogue for example and not get one hook in outside somewhere?

I have always figured the intent of the fish was to eat the bait, so I was not deliberately foul hooking fish, although it could be interpreted that way. I did not see the fish, but only generated the strike etc.

Fun topic!

A.G.

You know, I can't find the "Hook in mouth" part, only "bait or lure in mouth". I will call DFG to get some feedback, this is interesting, if you get down to the letter of the law so to speak.
I's all good Andy. As to fish mouth parts, heck that's just too damned funny for me to even start on amigo. Parts are parts and I'm beggin' out of this debate to let everyone else chime in.

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Re: Definition of foul hooking a fish?

Post by Tin Can »

Here is one for you sTony! This really happened too.

What if you land the fish and realize that instead of hooking the fish directly you have hooked a line connected to a fish someone broke off. It still had a hook in it's mouth when it was landed.


Legal?

:D
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Re: Definition of foul hooking a fish?

Post by sTony »

Tin Can wrote:Here is one for you sTony! This really happened too.

What if you land the fish and realize that instead of hooking the fish directly you have hooked a line connected to a fish someone broke off. It still had a hook in it's mouth when it was landed.


Legal?

:D
:lol: Oh brother. I'm walking into a whole new and improved land mine now ain't I? :lol:

Like I said, I'll back off and let the rest of the folks chime in on that one as well. Funny though.

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Re: Definition of foul hooking a fish?

Post by Andy Giannini »

This really happened in a club event. I caught a fish on a crank, and heading to the net it jumps off in the air and the partner lands it anyway.We who hooed anf high fived, did the Superbowl dance etc..He claims later, (just for grins) that the fish was actually his, because he caught it, and it was no longer in my possession. It had come off my bait after all...

To which the TD or club president responded,

"You may claim it as yours, but DFG my have an issue with you netting fish, unless you are a native American..."

"I am!" came the response.

It was funnier than hell.

:D

A.G.

(And he had the complexion/build to back it up being native and all.)
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CN
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Re: Definition of foul hooking a fish?

Post by CN »

Hook must be in the mouth there is no other way to interpret this is there?

In my mind if you have let's say a Spook,one treble is in the mouth one is outside hooked to the fish its foul hooked. I also agree that the fish had every intention of eating this bait but there is one hook attached to the outside of the fish there for it must be released.
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Andy Giannini
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Re: Definition of foul hooking a fish?

Post by Andy Giannini »

Its interesting, but I have not seen, where the HOOK must be inside the mouth at all.

Only that the fish intended to take the bait and or lure in the mouth.

Where does the Ca. code or DFG regs say, that the hook must penetrate the fish from inside the mouth, and have no other hooks sticking the fish anywhere else?

Not trying to be be a smart aleck, but please if you have it, post it up for everyone's benefit.

I think it says the fish must have intended to take the lure in the mouth?
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ScottyJ
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Re: Definition of foul hooking a fish?

Post by ScottyJ »

I sent an email earlier today to the Lt. that Tunaman got his response from posing my question with a copy of the link to this post urging him to read it so he could see everyones view points and maybe clear some of this up. I'll post what he sends me when I get anything.

Scott
Last edited by ScottyJ on Mon Aug 31, 2009 8:55 pm, edited 1 time in total.
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tunaman
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Re: Definition of foul hooking a fish?

Post by tunaman »

Andy Giannini wrote:Its interesting, but I have not seen, where the HOOK must be inside the mouth at all.

Only that the fish intended to take the bait and or lure in the mouth.

Where does the Ca. code or DFG regs say, that the hook must penetrate the fish from inside the mouth, and have no other hooks sticking the fish anywhere else?

Not trying to be be a smart aleck, but please if you have it, post it up for everyone's benefit.

I think it says the fish must have intended to take the lure in the mouth?
Please see my post above, which was a response to this very question from the office of the Director of DFG stating that "in the mouth is applied to mean "inside the mouth"" - nothing ambiguous about that.

That does not mean that, should a fish eat a spook with a hook penetrating the inside of the mouth and another hooked outside on the face, it would be considered an invalid catch... as long as a hook is inside the mouth it is a legally-caught fish. No hooks inside its mouth when you net or lip-lock it, it is invalid and should be released.

Lobby DFG to change the ruling... that is what should be done. Don't bitch about it here - it will do no good.

Roger
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ash
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Re: Definition of foul hooking a fish?

Post by ash »

tunaman wrote:
Lobby DFG to change the ruling... that is what should be done. Don't bitch about it here - it will do no good.

Roger

Well if we did that then we wouldnt have anything to talk about :lol: :lol:
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sTony
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Re: Definition of foul hooking a fish?

Post by sTony »

As I said in a previous post, its not DFG that need by lobbied. What has to happen is a petition must be made to the Fish and Game Commission, not DFG. They are two separate entities.

sTony
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