Trout Beads Once Again

I know this has been covered before but the question of the use of legality of trout beads in Pennsylvania was posed to me today by an acquaintance. I reviewed the threads on Fish Erie and couldn't find any that contained a citation to the fishing regulations in the Administrative Code (http://www.pacode.com/. I'd also point out that in the newspaper article which had a quote from a PAFBC regional law enforcement supervisor who said that trout beads were illegal in Pennsylvania there was no reference to where in the regulations this was set forth.

I looked at the regulations and found only two subparts that appeared applicable in determining the legality of the use of trout beads. They appear below. I also did Lexis searches of Pennsylvania case law for "trout beads", "snagging", "snatch fishing", "foul hooking", and the two subparts I've cited. I found no reported decisions concerning any of them.

To me, the plain meaning of the two cited subparts does not provide a basis for concluding that the use of trout beads is illegal. Though I acknowledge that "snagging", "snatch fishing" and "foul hooking" are not defined in the Code, I'd suggest that applying the ejusdem generis rule of statutory construction would lead a court to conclude that the legislature, by listing "snagging", "snatch fishing", and "foul hooking", would be considered to have meant only to prohibit methods of taking fish without inducing a bite.

I don't believe that the use of trout beads, if rigged in the normal manner, i.e., between two and four inches above a size 12 or 14 hook and 18" or less below some split shot, can be said to be a method of taking fish without inducing them to bite. The only stated reason for rigging trout beads above the hook I've been able to find is that the beads are so rigged to prevent fish inhaling egg imitations deeply and consequently being hooked deeply and less likely to survive upon release. Contrast the rigging of trout beads with the flossing or lining rig used in the Northwest, a video of which can be seen here: http://www.youtube.com/watch?v=Y8iz3u5_djU.

All that being said, I'd like to know if anybody has any new information, particularly any statements from the PAFBC, concerning the legality of the use of trout beads.

TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
SUBPART B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS

58 Pa. Code § 63.6 (2011)

§ 63.6. Authorized devices for game fish, baitfish and fishbait

(a) It is unlawful to fish for game fish with more than three lines of any description, whether fished by rod or by hand, at one time except while ice fishing in accordance with § 63.10 (relating to ice fishing). No more than three hooks may be attached to line used in fishing for game fish. Rods, lines and hooks shall be under the immediate control of the person using them. A fishing device shall be deemed to be under the immediate control of the person using it if, when the terminal device (hook, bait or lure) is taken by a fish, the person using the device has direct control over it and it is not connected at that point to a casting or depth placement aid such as a casting boat or downrigger. Casting or depth placement aids such as downriggers or small remote controlled boats are not prohibited by this chapter.

(b) It is unlawful to fish for baitfish with more than three lines of any description, whether fished by rod or by hand, at one time with not more than three hooks attached to each line; a dip-net or minnow seine not over 4 feet square or 4 feet in diameter, and a minnow trap, with not more than two openings, which may not exceed 1 inch in diameter. Rods, lines, hooks, nets and seines used in fishing for fishbait and baitfish shall be under the immediate control of the person using the same. For the purposes of this subpart, gizzard shad ( Dorosoma cepedianum ) 8 inches or less in length are considered baitfish.

(c) For purposes of this section, a hook is considered a fishing device with no more than three points or barbs.

(d) It is unlawful to use more than three lines at any time, except while ice fishing in accordance with § 63.10, when fishing for game fish, baitfish or both.

(e) It is unlawful to use any type of net or seine to catch or take game fish. A landing net may be used to land game fish legally caught by hook and line.

58 Pa. Code § 63.9 (2011)

§ 63.9. Snatch fishing, foul hooking and snag fishing

(a) It is unlawful to take or attempt to take fish by the methods known as snatch fishing, foul hooking or snag fishing or to take or attempt to take fish with a snagging hook or device which may be used to capture the fish by engaging the device in, to, with, or around any part of the body of the fish. In addition, it is unlawful to possess a snagging hook while in the act of fishing. A snagging hook is a fishing device that is designed or modified to facilitate the snagging of fish. It is either of the following:

(1) A hook with other than a single barb which is weighted on the shank at any point below the eye of the hook and above the barbs thereof.

(2) A hook that is otherwise designed or modified so as to make the snagging of fish more likely when it is used than if a normal hook or fishing device were used.

(b) Nothing in subsection (a) may be construed to prohibit the use of long bow, crossbow, spear and gigs as provided in § 63.8 (relating to long bows, crossbows, spears and gigs) or other net or devices specifically authorized by law or this subpart.

Email them and ask them

http://www.fish.state.pa.us/inform.htm

Okay, not at all what I was hoping for. Disappointing, really, with such great potential from a term like that.

Let me ask you this: if I tie an egg sac to a line, no hook...drift it through a run, and when a fish takes the eggs, I rip a shank-weighted treble through his chin...legal?

More importantly: if this issue is of such importance to you, why do you even care what the internets at large (let alone this abnormally high concentration of dUmaSeS) thinks? k3d1d has the best solution.

Cold,

I'm not quite sure that I understand how your hypothetical snatch fishing rig is configured. At first there appears to be no hook then, Jaws-like, a shank-weighted treble appears. I'm sure this is down to my lack of intellectual irrevelance but I just can't visualize your rig. May I trouble you for a pic or two?

Though my letters to Santa, the Tooth Fairy and President Obama never seem to be answered, I see the wisdom in your suggestion of putting the question of the legality of the use of trout beads to the PAFBC. I'll be sure to post the detailed position statement I receive in response.

ORIGINAL: lowwaterdouble

Cold,

I'm not quite sure that I understand how your hypothetical snatch fishing rig is configured. At first there appears to be no hook then, Jaws-like, a shank-weighted treble appears. I'm sure this is down to my lack of intellectual irrevelance but I just can't visualize your rig. May I trouble you for a pic or two?

Though my letters to Santa, the Tooth Fairy and President Obama never seem to be answered, I see the wisdom in your suggestion of putting the question of the legality of the use of trout beads to the PAFBC. I'll be sure to post the detailed position statement I receive in response.

Sorry. 2 separate lines. One hookless with eggs, one baitless with a shank-weighted treble. Use the eggs to get the fish out into open water, then rip into him with the hook. For that matter, skip the baited line. Chum the water, get the fish feeding, bury a barb in the side of his head.

Happy to help.

ORIGINAL: Loomis

I would say if you think trout beads are a good way to fish, use them. 

Indeed. And if you like to fish trout beads in Erie streams, don't take the training wheels off of your bicycle, you'll need them.

ORIGINAL: World Famous

I would also like to know more of this "snatch fishing". Does one need a fishing license to do this? What is the limit? How do you throw one back? Do you have to buy any drinks? So many questions....WF

Yes you need a liscence and your "SNAGGER" membership card.(see slickfish for apps).

There is no limit (says so on the back of the membership card).


Either over your left shoulder at a 38 degree angle to the water to a distance of no less than 10 feet or pooch kicked out of the gravel and mud. Your choice both are acceptible..

As far as drinks are you snatvh fishing or fishing for snatch. Makes a difference...

beads are g@y.

Where's that video of the steelhead toss?