Trout Fillets for Bait (Legalities)

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Drew9870

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People tell me not to get caught using Trout for bait, but I do not see one line in the regulations that states you cannot use game fish for bait, it specifically says you can use dead fish and fish parts.

Once in a great while I will keep a stocker or three from Wirth and use the fillets for bait, but I don't believe this is illegal considering it is not a waste.
 
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mrlindeman

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Me too. Its only if it is living. As long as bait itself is allowed. Then we should be fine. Call odfw to make sure.
 
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GraphiteZen

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A search of the 2011 Regs for "bait" yielded 201 entries so I won't list them all (lol), however,

Page 8:

3. Dead fish, preserved fish, or parts of fish, shellfish and fish eggs may be used as bait. Goldfish may not be used as bait or in angler’s
possession while angling.
Page 9:

3. Dead fish, preserved fish, or parts of fish, shellfish and fish eggs may be used as bait. Goldfish may not be used as bait or in angler’s
possession while angling.
Page 11:

5. Possess in the field game fish dressed or mutilated so that size, species or fin clip
cannot be determined until the angler has reached their automobile or principle
means of land transportation and has completed their daily angling;
I could not find anything that specifically prohibits you from using trout, but #5 of page 11 would give the official all he needs to cite you as trout are listed as a "game" fish.

Page 8:

Game Fish Are defined as follows: Trout, salmon when taken by angling, steelhead, largemouth bass, smallmouth bass, bluegill,
crappie, other sunfish, catfish, walleye, yellow perch, hybrid bass (white x striped cross), whitefish, sturgeon
and shad when taken by angling, mullet, grayling and striped bass
2011 regs
 
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Drew9870

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Game Fish Are defined as follows: Trout, salmon when taken by angling, steelhead, largemouth bass, smallmouth bass, bluegill,
crappie, other sunfish, catfish, walleye, yellow perch, hybrid bass (white x striped cross), whitefish, sturgeon
and shad when taken by angling, mullet, grayling and striped bass

I think this is my answer right here..... Shad is a game fish, and people legally use that as bait, so what would make it any different from any other game fish.

Rule #5 is probably mostly talking about Sturgeon so people don't chop the head/tail off to make it measure legal size.

Thanks Zen, either way, if it ever got taken to court, I'd just pack a regulations book with me and politely ask someone to point that law out, lol.
 
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mrlindeman

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I am going to call as well. Its not that clear and would rather not get a ticket in the first place.
 
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Drew9870

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I am going to call as well. Its not that clear and would rather not get a ticket in the first place.

Make sure to get a dependable ODFW worker on the phone, rather than one of the BS'ers that state ''what they think'', otherwise that would probably be a garuanteed no, I'd ask for someone who is highly familiar with the laws, maybe even someone who helps write/edit the laws from the department.

And also state that Shad are a gamefish that is used legally.
 
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joesnuffy

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Rule #5 is probably mostly talking about Sturgeon so people don't chop the head/tail off to make it measure legal size.

This would be any fish (sturgeon, bass, trout) where there are size restrictions. Also it protects other species such as native salmon and Steelhead that have their adipose fin still attached. If you fillet the fish on the bank there is no way to determine if it's fin was clipped or not. It's also no easy to identify fresh coho and chinooks without being able to look into their mouths.
 
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Drew9870

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I already figured that as well, Sturgeon was just a good example, Lingcod and Cabezon would be another good example, but if one were to look at the skin still attached to the Trout fillets, you would easily tell it was a hatchery rainbow with the dull rainbow and large black spots, and plus, the fillets alone are over legal Trout size, and of course, we cut strips off the fillets.

It would be BS if it was illegal, I would wonder what other unlawful things are not stated in the regulations.
 
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GraphiteZen

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Where you are going to run into problems is rule #5 stating that you can't possess mutilated game fish "until the angler has reached their automobile or principle means of land transportation and has completed their daily angling." So if the game warden catches you with a meat that looks like a fish while you, at that time, are still angling they are going to first try to figure out what kind of fish it is. If he/she can determine that it is a game fish you are going to be written a citation, per #5. It makes no difference if you caught it on the river or at Wirth several days before, that isn't the issue. At that point it will be up to you to disprove the notion that were not fishing with a mutilated gamefish in your possession which, of course, would be impossible because you were. :)
 
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Drew9870

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Where you are going to run into problems is rule #5 stating that you can't possess mutilated game fish "until the angler has reached their automobile or principle means of land transportation and has completed their daily angling." So if the game warden catches you with a meat that looks like a fish while you, at that time, are still angling they are going to first try to figure out what kind of fish it is. If he/she can determine that it is a game fish you are going to be written a citation, per #5. It makes no difference if you caught it on the river or at Wirth several days before, that isn't the issue. At that point it will be up to you to disprove the notion that were not fishing with a mutilated gamefish in your possession which, of course, would be impossible because you were. :)


What would make Shad strips any different? Your saying (well, the regs are saying) I can get cited for possessing Shad strips?
 
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GraphiteZen

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Shad are not game fish, that's the difference.

Shad are recognized as a gamefish:

Game Fish Are defined as follows: Trout, salmon when taken by angling, steelhead, largemouth bass, smallmouth bass, bluegill,
crappie, other sunfish, catfish, walleye, yellow perch, hybrid bass (white x striped cross), whitefish, sturgeon
and shad when taken by angling, mullet, grayling and striped bass.
 
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GraphiteZen

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Ok I ran a search for shad. It appears that in certain sections shad are lot listed as a game fish, in fact they are cited as having no limit in the same rule-set as carp, pikeminnow, chub, etc. It is probably in these sections that you can use shad for bait as they are not a gamefish in that area. Which means: You're hosed.
 
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Throbbit _Shane

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Ok I ran a search for shad. It appears that in certain sections shad are lot listed as a game fish, in fact they are cited as having no limit in the same rule-set as carp, pikeminnow, chub, etc. It is probably in these sections that you can use shad for bait as they are not a gamefish in that area. Which means: You're hosed.

And the regulations become even more confusing...
 
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mrlindeman

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If I purchased my bait at a store and filet it and fish with it I should not get a ticket. Givin its a bait allowed fishery. Trout or other wise. It is my bait. I baught it. If they want the reciept I will keep one with me. To ticket an angler on meer assumption that the bait they are using came from the fishery they are angling is bull. So shrimp it will be . Im not taking the risk. I called ODFW and could not get a hold of anyone that would not give a different answer than the last person.

Certain REGS are meant to be confusing to the point you either get a ticket or just assume it is illegal. It is the point of the structure of the ODFW regs. My grandfather worked with ODFW as a biologist and Knows how that system works. No ticket? low revenue.

I would not take the chance. One state trooper might be ok with it. The next thing you know Barbrady comes along and ehh ticket. Im going to the bait store friday :) I will keep my reciept just in case.
 
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