Legal Question

[Stan Wright]

I was thinking about something today...

What is "Fishing"?  And what is "Practice Casting" ?

What do you think the Game Warden would say if he walked up and ask for your fishing license... and you said: "I'm not fishing, I'm practice casting".

Let's say you had NO Flys, or lures or Hooks of any kind on you...  Just a piece of yarn tied to the end of your fly line leader... or a practice plug on the end of your line.?????

[Donald Kern]

Other than to piss off a game warden, I see no reason to be on the lake or river doing this. No public parks/ back yards in your area ? 

[Allen Morgan]

I'm with everyone else.  If I'm going for casting practice (or my kids), I head for the backyard, a public park, or a public school on the weekend.  Practice football fields make great practice for surf rods, as you can measure your distance (I can clear about 120 yards or more, goal-post to goal-post).

In actuality, I prefer to do my surf rod casting practice on the water.  Naturally, I will have my license with me.  It helps that I have an Oklahoma 5-year license, doesn't expire until 2016.

[David, aka, "McScruff"]

If you wanna practice casting, erect a target in your yard, park or local field.
My uncle was a warden for years.
You got a ticket for practice casting without a license.

[JBplusThuy]

I practice fly-cast on a local lake all the time, with a piece of red yarn on the end of my leader.

Now, it so happens that:

1) I do have a fishing license

2) I'm with a well-known group that does this weekly at that location

3) I have never - even once in my life - seen a game warden at that lake

But if I were to not have my license with me, and were to receive a ticket, I'd go to court and beat it because if there's no method of taking fish it's not angling (under the legal definition), and that's no more illegal than is dragging a string in the water off the side of the boat.

Of course, I don't encourage anyone to deliberately antagonize game wardens and beating the ticket would be a lot of trouble to go to and might involve attorney's fees, so always carry your license just in case. I keep mine in my wallet along with my driver's license.

[Donald Kern]

Never was a game warden but did 12 yrs as a police officer. Not saying it's kosher but I had the pen. "And yes your honor I did see the defendent using a fly rod with a hook attached . He apparently got hung on something and lost it." Again just saying no reason to antagonize these outstanding guys (and gals)

[jim cosgrove]

tif you are on the water or near it with fishing equipment you are legally fishing.i license is less than a case of beer in my statethat being said my state's DNR is a joke these days.more interested in hassleing the people who do comply than confronting the sometimes large groups of people who respect no laws.not disrespecting game wardens but for the most part where i live they are too busy seeing if they can get you on boating or traffic tickets checking the tread on your trailer tires and other "game "violations.got a ticket one time for the battery in my trolling motor on my 10 foot john boat not being in the compartment which my boat had none.meanwhile people with buckets of 8 inch bass and 75 gills strolled right by the sign that says 14" min on bass .limit 10 bluegills.i have bought a fishing license since i was 16,more years than i care to think of.have been asked for it twice.my state also puts all funds collected for fishing/hunting into the general fund not to the DNR.i do not have much love for the conservation police as they are called here.

'

[DAVID L EITUTIS]

YUP JIM I AGREE WITH YA WHOLE HEARTEDLY ON THE ILLINOIS GESTAPO DNR DUDES!!!!!!!! ONLY ONE SOLUTION , move outta this state buddy . I HATE THE DNR AS MUCH AS YOU APPARENTLY DO TOO !!!!!!!

  THEY CAN BE BEAT AT THEIR OWN GAME HOWEVER , for instance the rules say a canoe need not have numbers posted on it as long as it is not powered other than by wind or people. Had a Ranger hassle me once up at Shabbona state park , he was going to give me a ticket. He was a new young guy and had to show him in his own rule book which I carry with me . When he got all done I asked him if he was done with me or wanted a further education , never replied just turned around and left.... I hate em all !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Vince Fusco]

Just a guess  here.....but if there are no hooks involved I would say you are not fishing.  I am sure the laws vary from state to state though a,nd it would be wise to check before getting a fine trying to prove a point. 

[dick tabbert]

Its the question that has more than one answer and it all depends on the warden. You know there are some good wardens with reasoning power who my really know your not fishing and let you slide then you have young gung ho Joe's who's only job they believe is to show off his power and show it off with a ticket it's a power issue with them. I once was talking to one a real but wipe's and said you know your innocent till proven guilty we've all herd it a thousand times his answer was your wrong if I write you a ticket your guilty till you can prove yourself innocent. So it basically depends on the warden you get but my take is I treat them all with respect its a dangerous job along with the police there jobs I wouldn't have because of the danger involved you have to kind of admire them for that part so I treat them the way I would want to be treated.

[Tony Livingston]

I'm gonna' weigh in here for a minute....... Conservation Officers have what I imagine to be a thankless job...out in all kinds of weather, slogging through swamps and brush.....most likely under-funded and definitely understaffed.....and don't forget that during hunting season nearly EVERYONE they're likely to encounter is armed to the teeth.... I admire the dedication that it takes to perform a job like that day in and day out...... are they perfect, or incapable of making mistakes? Of course not...no more so than anyone here on this site. But I would wager that most of them are doing the best that they can with what they have to work with.

 

[Steve Totten]

If I were a CO and this situation came up, you're getting a ticket.  Why aggravate a guy trying to do a job that is difficult at best and down right impossible at times.  The few experiences I have had with conservation officers has been generally very positive and professional.  I was ticketed for no registration on a boat I had just purchased and once for an expired license.  In both cases I was the one at fault an knew it.  Why not tell the CO's thanks for doing their pretty thankless jobs. 

[Allen Morgan]

No registration on a boat you just purchased????  How long after purchase were you ticketed?

When I bought my kayak, I had the paper receipt, good for 30 days temporary registration until the dealer got the paperwork to me.  Of course, the dealer took longer than 30 days.  Once I went past that limit, I kept the boat at home until I got what I needed and registered it.