Re: {Tidal Potomac Fly Rodders} Re: Tidal Basin and Snakeheads

You'd be wrong if you think the Park Service or DC Police won't write you a ticket for not wearing your PFD on the Potomac.  It might be all about discretion, but they can and do write them.

 

As for the snakehead, I think the regulations are cut and dry.  If you're not allowed to release a snakehead back into the waterway, that means it will be in your possession.  If it's in your possession, it cannot be alive.

 

Additionally – regulated fishing activities are listed as follows in 19 1503.1 (click for link):

"It Is Unlawful
It shall be unlawful to do any of the following:

1. Introduce any species of fish, or other aquatic organism not indigenous to the waters of the District of Columbia;
2. Possess a fish with a total length less than the minimum (see Species Descriptions);
3. Possess a number of fish of a particular species greater than the possession limit listed in the DC Fish Field Guide;
4. Possess aboard any boat, while fishing, or while in the possession of fishing equipment, any fish that has had the head or tail removed for which size or a weight limit is prescribed;
5. Capture, harass, harm, or fail to return to the water immediately any organism which is listed by the US Department of Interior as endangered, or threatened, except for specific or designated scientific collection;
6. Take, kill, or injure fish or other aquatic organism by using explosives, chemicals, firearms, or electricity, except for scientific collection;
7. Take, catch, or possess any species of sturgeon; or
8. Take fish except as specified in these rules.

 

The word "Introduce" in a legal sense can be argued to mean putting anything non-native into the water, be it a snakehead, pacific salmon, or even Manbearpig.

 

What I wrote in a previous post was my professional advice as the owner of a flyshop based on statements made by professionals of each lawmaking jurisdiction regarding the enforcement of the regulations in said jurisdictions:

• DOEE at the time of my calls (Brian King office, pre Tommy Wells) mandated the killing of any snakehead caught within the boundaries of the District of Columbia.
• Maryland DNR biologist (Joseph Love) & Virginia Dept of Game & Inland Fisheries biologist (John Odenkirk) both explained to me that they could not compel any person to kill anything, but that the deciding factor of the fish's fate came down to possession – you cannot possess a live snakehead, and possession was determined to be if the fish managed to touch whatever you were stationary on at the time.

Again, the last 2 are biologists and not lawyers, but speaking on behalf of the jurisdiction.

 

 

R

 

From: Tidal Potomac Fly Rodders <tidal-potomac-fly-rodders@googlegroups.com>
Reply-To: Tidal Potomac Fly Rodders <tidal-potomac-fly-rodders@googlegroups.com>
Date: Monday, August 20, 2018 at 10:46 PM
To: Tidal Potomac Fly Rodders <tidal-potomac-fly-rodders@googlegroups.com>
Subject: Re: {Tidal Potomac Fly Rodders} Re: Tidal Basin and Snakeheads

 

It reads like the life jacket references for boats, "Wear your PFD". It's a good idea and a great recommendation, but if an officer is in front of you and you take it off (or drop a snakehead back in), I believe he's not able to write you up. 

 

I'd be happy to be proven wrong, but all jurisdictions should be much clearer about the actual laws, also so we know whether they need changing either way.

On Aug 20, 2018, at 10:08 PM, Dalton Terrell <daltonbterrell@gmail.com> wrote:

The DC website reads as if there is a requirement to kill the Snakehead, but I can't find an actual regulation that requires this practice.

 

See the DC fishing regs here, under Title 19, Chapter 15: https://www.dcregs.dc.gov/Common/DCMR/RuleList.aspx?ChapterNum=19-15&ChapterId=149

 

The regulations related to fishing predate the discovery of the Snakehead in the Potomac drainage, with the most recent regulations becoming effective in 2000.

 

I just shot DC DOEE an e-mail to see if they view it as a requirement or a recommendation. I'll let you know when or if they get back to me.

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