SMB regs - Susky/Juniata

wgmiller

wgmiller

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Would taking a picture of a SMB held out of the water any other time of the year (outside of 5/1 - 6/12) from these waterways be a violation of "catch and immediate release"?

From the "C & R bass regs":

From 12:01 a.m. on May 1 through June 12:
CLOSED SEASON, NO TOURNAMENTS. During the closed season, it is unlawful to target or attempt to catch a bass. A bass that is accidentally caught during the closed season must be immediately released unharmed without being removed from the water. It is unlawful to possess bass in, on or along these waters.

Remainder of the year:
NO HARVEST—CATCH AND IMMEDIATE RELEASE ONLY; catch-measure-immediate release tournaments only.


I'm not tossing barbs or trying to throw anyone under the bus, but instead just trying to make sure I'm clear on the regs. I see pics on different social media sites and just want to make sure I'm interpreting the regs right so I don't get jammed up either. Obviously a photo of a SMB held out of the water from May 1 through June 12 would be a clear violation, but what about the rest of the year?

For the record, I rarely fish the Susky as most of my SMB fishing is done on the Conestoga, well upstream of the Susky confluence.

 
If that's the full reg (I didn't check the PFBC site), then I think the spirit and intent of the law would seem to make it ok for a picture then release outside of 5/1 - 6/12. (Measure and release is ok.) That being said, the law is vague and is open to interpretation of the local WCO, so it's a calculated risk of sorts to do it I guess. Albeit a small one probably. I'd have a tough time stomaching getting busted for that given the gray area in the reg, and would likely pursue the violation further. I have a tough time believing a WCO would write someone for that who is clearly actively pursuing C&R angling.

Between 5/1 - 6/12, the reg is clear, no question. No pictures. Good catch wg, and not something I would have immediately thought of.
 
wgmiller wrote:
Obviously a photo of a SMB held out of the water from May 1 through June 12 would be a clear violation, but what about the rest of the year?

I don't think it would be a violation during the rest of the year.

I'm also unaware of any accounts of fines being assessed for photographed fish during May/June. I think the spirit of the law is to immediately release fish and not drag 'em around in live wells.

In Florida, this concept is interpreted literally for tarpon and goliath grouper - that is to say, you can't pull them out of the water and they must remain at least partially submerged during unhooking. I doubt this is the intent with SMB regs. Consider the situation where someone is fishing from a handicapped pier or an old timer who can't bend all the way over the gunwale to keep that 8" fish in the water. They have to be lifted to be unhooked.

Just to be safe, however, it would be a good idea (and ethical) to literally not remove the fish from the water. Or better yet - as you already do - just skip bass fishing on these rivers during those times.
 
Fishidiot wrote:
wgmiller wrote:
Obviously a photo of a SMB held out of the water from May 1 through June 12 would be a clear violation, but what about the rest of the year?

I don't think it would be a violation during the rest of the year.

I'm also unaware of any accounts of fines being assessed for photographed fish during May/June. I think the spirit of the law is to immediately release fish and not drag 'em around in live wells.

In Florida, this concept is interpreted literally for tarpon and goliath grouper - that is to say, you can't pull them out of the water and they must remain at least partially submerged during unhooking. I doubt this is the intent with SMB regs. Consider the situation where someone is fishing from a handicapped pier or an old timer who can't bend all the way over the gunwale to keep that 8" fish in the water. They have to be lifted to be unhooked.

Just to be safe, however, it would be a good idea (and ethical) to literally not remove the fish from the water. Or better yet - as you already do - just skip bass fishing on these rivers during those times.

CLOSED SEASON, NO TOURNAMENTS. During the closed season, it is unlawful to target or attempt to catch a bass. A bass that is accidentally caught during the closed season must be immediately released unharmed without being removed from the water. It is unlawful to possess bass in, on or along these waters.


The intent of the regulation, since the population crashed, is for anglers to not pursue smallmouth bass at all because many are on their beds spawning.
 
Fishidiot wrote:
just skip bass fishing on these rivers during those times.

I misspoke.

Of course you cannot bass fish during those months. To clarify, I would say that you should avoid any fishing that would likely result in significant hooking of bass. I don't fish those rivers for bass during those months - it is off limits.

Frankly, I avoid bass fishing pretty much everywhere during the spawn. But - yes - deliberate bass fishing is illegal on those waters during those months. This is clear.

Would that result in a fine for a photo of a bass caught during those months and lifted from the water? Perhaps.

My point above... you should just fish elsewhere altogether during those months if you're using flies that would likely result in significant bass hooking.
 
^ +1

The season is closed for 6 weeks in these waters and open for 46 weeks.

I fished for bass on their beds one time, a long time ago in Florida on Lake George. Basically, flipping a rubber salamander into a spawning bed and yanking and winching a spawner out. I did that for about two hours until I caught an 8 lb female dripping eggs. I gently released it without taking a pic and told the guide to pull up anchor and let's go somewhere else. We motored out of the lake and fished for stripers in the St. John's river for the rest of the two days I fished. I ended up catching a whole bunch of really good stripers and had a great time. The guide had never seen such good striper fishing before in the river. Good karma, probably.

Anyway, I do not fish for bass at all during the spawn, legal or not. The choice is yours in other waters, but it is prohibited in the lower Susky to help build back up the SMB bass population.
 
The law could not be any clearer. Pulling a SMB from the water during the closed season on the susky and its tribs is unquestionably a violation. Take a picture if you must but be prepared to graciously accept and pay the fine. Outside the closed season take your picture and release immediately. I personally don't understand taking pictures of every fish caught to begin with since it rarely equals immediate release.
 
I'm clear on the closed season (May 1- June 12). My question was outside of that time frame (the rest of the year) on the special regs section of the Susky and Juniata. Or, for that matter, the time frame from April 18 - April 30 on "closed waters".

For the record, I don't take a picture of every fish I catch. However, I've seen quite a few guide services holding chunky Susky smallies out of the water on a boat over the past few weeks. So my curiosity became piqued...
 
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