Sturgeon and taking pics

[Clint S]

So I got in a discussion today about removing sturgeon from the water and taking pictures.   My take was it was not technically against the law,  their take if it leaves the water you can be ticketed.   I stated that the NY regs only list possessing the fish or causing it undue harm is against the regs.   Their take was you possess  it once you remove it from the water even if it was to take the hook out.  I them asked them if they caught a bass today and brought it in the boat to take the hook out would they possess the bass and risk a ticket.........     


I called region 7  and this is what they said:

 I asked "Is it illegal to remove a sturgeon from the water to take a picture" answer "It is a grey area we would prefer you did not remove the fish from the water, if an ECO officer was there he could write you a ticket for causing harm to the fish" I asked if there is a specific reg. against it and they said   "no".   

  I asked you removed a fish directly from the water for 15 seconds snapped a pic and gently placed it back would I get a ticket. Answer "I really cannot answer that, if the ECO thinks you harmed the fish, yes"      So there is no reg against it, it's up to the ECO to determine harm,
  and if they determine that even playing the fish caused harm you could be ticketed.

They also stated that possession was the act of having a fish in your possession with the intent to keep it,  not just removing the hook

Thoughts...........

[perch-hound]

seems to me any sane judge would toss it out if it came into their courtroom, I know I would.
I have a real problem with these egotistical bast..ds, size 54 shirt, size 2 helmet!!!!
That's my rant for the day! 

[Dispy]

You stated the definition of "possession" correctly and most CO's view it as such. It is unfortunate, but that's the way it goes. Interpretation of the english dictionary is black and white This is why I harp on bass guys, including my own son's, for taking pictures of bass caught during the "catch and release" period.

[Clint S]

So are we supposed to cut our line at the boat on every fish out of season and leave the fish to deal with a hook and line hanging from their mouth?  It is "catch and release", so how are you supposed to release a fish if you are not allowed to catch it? 

Worm this was for the most part about Sturgeon which are endangered species.   My line about the bass possession was an argument to the person I was talking to as he said you possessed a fish the moment you touched it and per the regs   "possession"  is illegal.  Possession per the DEC is possessing a fish with the intent to keep it or transport it.   Sturgeon is not a C and R  species and can NEVER be targeted for fishing.   Catching one by mistake though................

The person  from region 7 DEC I talked to basically said it is not against the regs to remove the fish from the water, but if you cause the sturgeon harm  even by fighting it for a long period of time you could be ticketed.   Females only spawn every few years and can abort if they are played to exhaustion.   

I have seen at least one guy get ticketed in the Lower fly Zone in Altmar  (It is C and R)   for leaving the fish out of the water for too long and not properly reviving it.   It floated belly up and a ticket was issued.

I can say pretty much for sure if you caught a bass today.   Took it out of the water and snapped a pic and gently released it you would be probably be OK.       Unless, of course, you were actively targeting the fish which would be illegal.   

 

[ecolt14527]

Well guys, I went on the job in 1957, the law was very clear then and is very clear today. It is not about possession !
Here is the section that applies to the incidental catch of protected or fish that are caught during the closed season:
 Sec. 11-1301 of the ECL states " Fish unintentionally taken contrary to any provision of the Fish & Wildlife law or (order) regulation of the department shall be returned to the water immediately without unnecessary injury"
      Two trials by judge resulted in convictions, case were on Waneta Lake and involved Muskies caught and held out of water for picture taking. The proof was easy as a reading from a dictionary in relation to "immediately" was all that was needed.
      Bottom line, chances of getting caught snapping a picture of a fish is slim to none !!   JTP

[ryanrobb52]

Reminds me of the new gun laws.  A whole bunch of laws in place and the officials cant even tell you what is legal and what is not.

[MickeyFinn]

I talked to an Eco about this a few years back after I caught a sturgeon in the barge... What he said was this ,  could I write you a ticket ... Yes... Would I ? No, unless you were committing other blatant violations that I observed, a ticket like that is just to stick it in your backside for being a but hole...

[filetandrelease]

nothing wrong with a quick pic and realeasing a fish , the problem at the canal is guys are  targeting them , yesterday a man came off another job told me that when he was there with his kids ,  he saw a man land one and called guys over to take more pics then kicked it back in now that is worth a ticket + a swim    just my .02

[Clint S]

1800 tips DEC.   If the man had no respect for the fish and the pics were on the camera.................

[filetandrelease]

I now believe this matter is well in hand ,

[Raquettedacker]

1800 tips DEC.   If the man had no respect for the fish and the pics were on the camera.................

     Its 1-800-TIPP DEC (1-800-847-7332)

[filetandrelease]

     Its 1-800-TIPP DEC (1-800-847-7332)

or just look in the back of the book the green police are all in there ,

[fishreaper]

NYS DEC Freshwater Fishing guide, Vol 4, Issue 1, October 2012.

Pg. 14:

"Catch and release means catching and immediately releasing the
caught fish without harm. Measuring, weighing and photographing of
the fish are permitted as long as the fish is not removed from the water
for an extended period or handled in a manner that could cause it harm.
Fish may not be placed in a bucket, tub, livewell, on a string or any other
holding device. Catch and release angling is only permitted during the open
season for a particular fish species. Catch and release angling during the
closed season, or for endangered or threatened fish species is prohibited"

   http://www.dec.ny.gov/docs/fish_marine_pdf/fishguide12.pdf 

[esox v]

        Bottom line, chances of getting caught snapping a picture of a fish is slim to none !!   JTP

Untill you post them on the internet !! Like the guys ice fishing Waneta did.....  

[eyedoktr]

NYS DEC Freshwater Fishing guide, Vol 4, Issue 1, October 2012.

Pg. 14:

"Catch and release means catching and immediately releasing the
caught fish without harm. Measuring, weighing and photographing of
the fish are permitted as long as the fish is not removed from the water
for an extended period or handled in a manner that could cause it harm.
Fish may not be placed in a bucket, tub, livewell, on a string or any other
holding device. Catch and release angling is only permitted during the open
season for a particular fish species. Catch and release angling during the
closed season, or for endangered or threatened fish species is prohibited"

   http://www.dec.ny.gov/docs/fish_marine_pdf/fishguide12.pdf 

The most important part of this has been put in bold (by me). Seeing as how there is no "open" season for sturgeon, there is no catch and release. Therefore no pictures, measurements, or weights should be taken. If it's that important to you to have a picture of yourself holding one, go to a fishery where it is legal.