Forum

The commentary below was on the PFBC website a few years back, but the letter of the law hasn't changed.  The conclusions can be extended to other fish, not just trout.  I have bolded some text for emphasis.

My bigger point is this: we are all members of a conservation-minded organization that preaches catch-and-release.  Does targeting muskies during the closed season support this cause?  Does the absence of a clause that specifically bans "targeting" a species out of season mean that it is an ethical thing to do?  How embarassing to MI would it be if some of our members were accused of fishing out-of-season?

This is something that each one of us must decide.  Right now it doesn't matter for me because I don't live anywhere near PA.

Chris

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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 the 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 the 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.

Bottom Line: The current regulations are not intended to encourage fishing for any species during the closed season even on a "catch-and-release" basis, but it is not illegal to fish as long as the fish is immediately returned unharmed to the waters from taken. Anglers who target a fish during the closed season could potentially harm the fish and would then be liable for violating the closed season regulation.

Matt brings up a good point, but whether the closed season makes sense or not has very little to do with the fact that the season is closed.  There are probably some things MI50 can do to encourage more progressive fishery management from the PFBC.  I have feelings on some things that should be considered, but will not express them because I am not a fishery professional. 

The average angler can't tell the difference between a tiger and a purebred, making closed seasons for one vs. another very difficult, especially in waters where both are present.

The thing that makes this particularly difficult is that you can go be fishing for bass with small jigs and crankbaits this time of year and catch a walleye or two by accident even if you were targeting bass (and vice versa in May).  It's very hard to use the incidental catch argument when you are chucking 8" crankbaits.

Ontario, New York, and Minnesota all have closed seasons and very clear regulations about targeting species out of season.  If you are caught chucking a big chunk of wood on a lake like Chatauqua (NY) or Pigeon (ON) before the season opens, you are looking at a big fine.  It is not as clear in waters where you could be targeting pike.

I know I am coming off as legalistic in this whole thread.  I realize that I don't really know the answer to this question, but am playing devil's advocate here.  I suspect that PA leaves the closed season thing vague on purpose.

Chris

All,

There are two ongoing discussions on the same topic on the Chapter 16 board: http://threerivers.muskiesinc.org.

Those guys have much more experience trying to work with the PFBC, and have some strong opinions about size limits and seasons that are expressed over there.

Here's a direct quote from one of those threads (the question was asked to a PFBC fisheries person):

Q: Rick, do you personally think that any regulations changes would benefit the muskellunge?"
A: "No. Our creel surveys show that there are hardly any people actually fishing for and keeping muskies. The amount of incidental catches is insignificant and therefore a regs change would have no effect"

Chris