March 1st Closed Season for trout

[FarmerDave]

raftman wrote:

the main take away is that fishing non-ATW's is not illegal on a C&R basis, but they aren't encouraging it.

Thanks for your thorough explanation PCray. You should write the handbook they give out...

It would cost too much to print, require vast deforestation, and nobody could carry it.

Only ATWs are closed to fishing during this time and their upstream areas unless otherwise specified. All other streams are open to fishing, but trout and all other species not in season must be returned unharmed.

 

[allan_s]

Don't fish ATWs listed in the book. Follow any special regulations, if any, on the stream/lake you would like to fish.

Other than that fish for trout to your heart's content.

This is my favorite month to fish and I have never had a problem or thought it was that confusing. If you are really confused or want to make sure you can fish a certain section of stream or lake, just call the local Law Enforcement office and get the answer.

 

[salmonoid]

PennypackFlyer wrote:
come on - Let the trout rest for a month. You can always go to another state that starts their trout season in March.

Some creeks puts up "Trout Water" signs - however you can bet there will be someone fishing.

This is the month you should bring out your kids hula hoops (wife's pots and pans) and practice your casting at your house.

Why do the trout need a rest for a month?

 

[pcray1231]

If you are concluding that non-ATW's are closed during March, then you have to make the same conclusion for most of September and all of October, November, December, January, and February too.

The trout season ends on Labor Day. Not March 1. The extended season applies only to ATW's and goes till March 1. So for anything except ATW's, the time period we are interested in is not just March. It is Labor Day till the regional opening day. If it isn't an ATW, then the regulation has to be exactly the same on Oct. 15 as it is on March 15, for example.

Now, the PFBC flat out states that it is lawful to fish streams listed as class A and Wilderness trout streams year round. It elaborates and says that from Labor Day till opening day it's on a strict C&R basis only, so strict that even accidently harming a trout could find you in violation of law. So how do you take that? That's up to you, I guess. To me it means they aren't encouraging it but they don't intend to enforce a total fishing ban, either. It says nothing about streams that are not class A nor wilderness. i.e. what about class B, C, and D, assuming they are not ATW's? We are left to assume the regulations there would be the same as class A's and wilderness streams.

Clear as mud. Pretty bad that a message board of avid anglers can't figure out the law. But we have this debate every year, and the consensus has always turned out to be:

If it's ATW --> regular season till Labor Day, extended season till the end of February, no fishing at all in March.

If it's not ATW --> regular season till Labor Day, C&R only the rest of the year.

If it's special regs --> follow special regs.

The limits of ATW's and special regs as found in print here:

http://fishandboat.com/fishpub/summary/troutwaters.html

 

[Shaner]

I was just talking about this section 2 on the little Lehigh is stocked today so if you wanna fish stockers its legal there cause its class A...im sure this is not the only one. just one I seen

 

[pcray1231]

And there you go. You have a STOCKED class A. lol. Which side of the regulation takes precedence?

I would say the ATW reg supercedes, as the de facto C&R for non-ATW's is assumed out of omission. There actually exists a reg which says ATW's are closed. So if the LL is listed as ATW in that section, it's closed.

 

[Shaner]

PS. I don't know why everyone has such a problem understanding regs in PA

You can fish any water as long as not "Stocked trout water"-old ATW and it is C&R only. Class A is legal to fish so only stocked water you can fish is if stocked over "class A" and is still C&R

 

[pcray1231]

haha, go ahead and try that. Regarding streams that are both stocked AND class A, here's the wording in the booklet.

NOTE: Stocked trout waters are closed to fishing from March 1 to the opening day of the regular trout season in April, unless included in the Regional Opening Day of Trout Season Program or Stocked Trout Waters Open to Year-Round Fishing Program.

NOTE: It is legal to fish for trout in Class A trout streams year-round, with no harvest beginning the day after Labor Day through the opening day of trout season the following year.

Talk about contradictory!

 

[Shaner]

pcray if you had to go to court it would never hold up when states clearly

NOTE: It is legal to fish for trout in Class A trout streams year-round, with no harvest beginning the day after Labor Day through the opening day of trout season the following year.

 

[pcray1231]

I tend to agree. But it might actually go to court, when it states clearly:

NOTE: Stocked trout waters are closed to fishing from March 1 to the opening day of the regular trout season in April, unless included in the Regional Opening Day of Trout Season Program or Stocked Trout Waters Open to Year-Round Fishing Program.

i.e. if you fished there, I do think it's very likely a WCO will cite you. You can fight it and may win due to the contradictory wording. But I think the intent is that ANY stocked water is off limits in March. And if it's not stocked, then it's C&R.

They make a mistake when they assume every stream fits into a category. Some of them fit into NONE of their stated categories, like say a non stocked class B or C that's not special reg and not wilderness. And others fit into multiple categories, like a stocked class A.

 

[Shaner]

I was talking to someone by the LL and he said that people fish it early and will be pretty busy.

 

[afishinado]

pcray1231 wrote:
I tend to agree. But it might actually go to court, when it states clearly:

NOTE: Stocked trout waters are closed to fishing from March 1 to the opening day of the regular trout season in April, unless included in the Regional Opening Day of Trout Season Program or Stocked Trout Waters Open to Year-Round Fishing Program.

i.e. if you fished there, I do think it's very likely a WCO will cite you. You can fight it and may win due to the contradictory wording. But I think the intent is that ANY stocked water is off limits in March. And if it's not stocked, then it's C&R.

They make a mistake when they assume every stream fits into a category. Some of them fit into NONE of their stated categories, like say a non stocked class B or C that's not special reg and not wilderness. And others fit into multiple categories, like a stocked class A.

I agree with Pat ^

If you look at it another way, the Little Lehigh is a Stocked stream (ATW) and unless it a special regulation area, it's off limits to fishing from March 1st until opening day, regardless if it has a Class A population.

Sheesh....if there's any question at all, don't fish it. If fishing a certain place is an absolute priority, than contact the region office of the F&B Commission to find the answer.

 

[Shaner]

I don't fish it I would say its off limits also. I was just saying in court I think it would be easy to walk away from that one.

I say they shouldn't stock It early or at all since it is Class A and let people fish it C&R till open.

 

[Bamboozle]

Shaner wrote:
I was just talking about this section 2 on the little Lehigh is stocked today so if you wanna fish stockers its legal there cause its class A...im sure this is not the only one. just one I seen

Section 2 of the Little Lehigh is not class A, it's Approved Trout in Berks County and it is CLOSED to fishing until Opening Day.

The entire Little Lehigh is closed in Berks County until Opening Day and ALL of the Little Lehigh in Lehigh County as well including Section 3,4 & 7 the Class A sections.

Why, because IF a stream is listed by NAME only in a county, the ENTIRE stream is closed to fishing. If the same stream is listed by section, only the ATW sections are closed. This is NOT the case with the Little Lehigh. Only Sections 6 & 8 are open (FFO).

This is the big confusion with Class A's & other non-stocked waters during the Closed Period. If those sections are part of a stream which is ATW anywhere on its length and that stream is listed BY NAME in the Summary, the whole stream is closed Class A sections too.

 

[Shaner]

sorry miss read that looked at little cedar creek on class A however LL section 4 which is stocked 3/22 and section 7 stocked 3/12 both Class A and Stocked

 

[Bamboozle]

Shaner wrote:
sorry miss read that looked at little cedar creek on class A however LL section 4 which is stocked 3/22 and section 7 stocked 3/12 both Class A and Stocked

Class A & stocked or not, they are still closed.

Cedar is open to fishing because Cedar is listed by section. It didn't use to be but it is now.

 

[moon1284]

I love this annual post...

Is there anyone here who has been issued a citation for fishing anywhere in March (ATW, Class A, Wilderness, etc.?). There's a lot of speculation over what's legal, but what is actually enforced?

I don't have a horse in this race, just wondering.

 

[HopBack]

We all know that this law is intended to prevent fishing on STOCKED waters prior to opening day. If my 1 fish and boat officer in my county wants to track me down in the middle of nowhere and cite me for fishing for gemmies out of season..... well then I guess I was asking for it. In all reality, most efforts are going to be concentrated around stocking and patrolling stocked waters. I'm sure they could care less about you fishing some trickle for chubs ;-)

 

[Nate540]

I'm even more confused now. So what about the DHALO areas? I know they are stocking the white clay DHALO next week not really worried about the new fish as I've been fishing there all winter but I was planning on fishing this month for sure. So is it now off limits?

Thanks

 

[Shaner]

EVERYTHING ON ONE POST

STOCKED TROUT WATERS These waters are closed to all fishing (including taking of minnows) from March 1 to 8 a.m. on the opening day of the trout season

Stocked Trout Waters Open to Year-Round Fishing
Catch & Release All Tackle
Catch & Release Artificial Lures Only
Catch & Release Fly-Fishing Only
Delayed Harvest Artificial Lures Only
Trophy Trout All Tackle
Trophy Trout Artificial Lures Only
ALL Open to fishing year-round (no closed season).

NOTE: Stocked trout waters are closed to fishing from March 1 to the opening day of the regular trout season in April, unless included in the Regional Opening Day of Trout Season Program or Stocked Trout Waters Open to Year-Round Fishing Program.

NOTE: It is legal to fish for trout in Class A trout streams year-round, with no harvest beginning the day after Labor Day through the opening day of trout season the following year.


My thoughts are
The river isn't closed and un fishable when things are out of season
I would not fish a stocked class A not under special regs. A non-stocked gem stream is legal to fish but is C&R till opening day.