Bro., for some reason we go thru this every year. The NC Fishing Regulations says that you can not use a live game fish for bait that has a limit set on it, same goes for catching then in a throw net. You can use the side meat of a game fish if you keep the carcass intact, so that the Wildlife Officer can inspect it if he happens to stop you. Every other year we have a Wildlife Officers to come and talk to the cat fishermen in this area and they go thru the Regulations with us and this issue comes up at each session and what the Wildlife Officers tell us is what I have stated previously.

Also, for some strange reason there is a rumor every year about a Wildlife Officers that gives the same type of information that you said you have received. A fellow in Jamestown lost his fishing equipment, etc. plus a healthy fine for allegedly listening to a Wildlife Officers down the road from him. The court found out that the fellow did not even have a neighbor that was a Wildlife Officer.

 

Bro., for some reason we go thru this every year. The NC Fishing Regulations says that you can not use a live game fish for bait that has a limit set on it, same goes for catching then in a throw net.

I understand what you are saying: a wildlife agent has said it is not legal. All I am saying is - I have read and reread the regulations, and I can not see where the "NC Fishing Regulations" say you cannot use a live game fish for bait that has a limit set on it. Can anyone tell me the page of the regulations that this rule is on?

 

"It is unlawful to destroy unnecessarily any inland game fish taken from public fishing waters." >>>>>>>
Ted, by any chance did you read the above quote in the NC Regulation Manuel.

There are other references to this issue thru-out the reg's, but lets wait until you hear back from your Wildlife Officers and if you don't mind, please publish the name of this Officers, cause I'm sure someone in Raleigh would like to offer him a refresher course on the Reg's.

 

Mac, I tried to private message you my wildlife officer friend's name and phone number but your box is full. I do not want to post it here on the main forum because you know how most fisherman feel about the game warden. If you will clear space on your private message box and PM me I will send you his name and phone number. He never said using live bass and crappie was legal, he said he did not know any specific rules outlawing it. I did read the sentence you posted:

"It is unlawful to destroy unnecessarily any inland game fish taken from public fishing waters." >>>>>>>

I feel this is a very vague rule that can be interpreted many different ways. First, I see no mention of game fish with size/creel limits. So, if it is interpreted that way - then bream and perch can not be fished live, because they are also game fish. I do understand that different wildlife officers interpret the rules differently, and I would not want to be written up by your game warden and then have to hire a lawyer to defend my position, either way I lose. So, I guess you are right in simply not using live bass and crappie in the first place. It may or may not be legal, but it's not worth the hassle if caught by the wrong warden.

Either way, I see this is a touchy subject for you (maybe because it comes up every year and you have to retell the new guys all over again). So, I will not post any more threads on this post. I do apologize for stirring up the pot and again I thank you for all your helpfull posts. Ted.

 

It is unlawful, while fishing, to change the appearance of fish
subject to size limits or daily creel limits or remove the head
and/or tail from fish that are regulated by a size limit so that
they may not be measured and/or identified.​

Per the NC Hunting and Fishing Regulations for 2009/2010, page 19.

Also, it is a no/no to have an undersized game fish in your live well, cooler, etc, expect two bass and striper's on LKN during the period of May thru August. Plus it is illegal to have live game fish on jugs or trot-lines of any size, any time.

Previous comments that I have stated can be found within the Regulation Manuel.

 

"It is unlawful to destroy unnecessarily any inland game fish taken from public fishing waters." >>>>>>>
Ted, by any chance did you read the above quote in the NC Regulation Manuel.

There are other references to this issue thru-out the reg's, but lets wait until you hear back from your Wildlife Officers and if you don't mind, please publish the name of this Officers, cause I'm sure someone in Raleigh would like to offer him a refresher course on the Reg's.

Where does that say that you cannot use a legal sized live game fish with a length limit on it? I see nowhere. Also, he never said the warden he knew told him it was legal, he said that he didn't know and would check into it and get back to him. Just as any state agent would do if they are asked a question that they do not know.

 

It is unlawful, while fishing, to change the appearance of fish
subject to size limits or daily creel limits or remove the head
and/or tail from fish that are regulated by a size limit so that
they may not be measured and/or identified.​

Per the NC Hunting and Fishing Regulations for 2009/2010, page 19.

Also, it is a no/no to have an undersized game fish in your live well, cooler, etc, expect two bass and striper's on LKN during the period of May thru August. Plus it is illegal to have live game fish on jugs or trot-lines of any size, any time.

Previous comments that I have stated can be found within the Regulation Manuel.

Once again, nowhere in those statements does it say that you cannot use a live legal sized gamefish with a size limit. Actually if you go straight by what is being said it would seem to be worse to fillet the fish, there by altering it much more than it were still completely intact on a hook.

I know you cannot use live gamefish on a jug or trotline but we are fishing with rod and reel.

Since what your suggesting is legal isn't clearly stated in the rules if you would be so kind as to provide the name of the game warden that provided you with that particular interpretation that would be wonderful.

However, it sounds to me like if you go by what's in the book, it would be perfectly legal to use either live or the fillets of a game fish regulated by a length limit if the fish is still identifiable and the intact carcass/live fish can be measured and be above the legal limit.

 

The usual size limit for a bass in NC waters is anywhere from 14" to 20"; depending on the waters you are fishing. What the hell would you be fishing for that requires a 20" bait? I would be scared to pull that up... if I could pull it up. Moreover, the reason I think it's illegal to use live bass as a bait fish is because of the limits put upon it. Perhaps you have a bass on your line and a fish takes it, (probably Nessie the Loch Ness Monster) when you bring in Nessie, it most likely destroyed the fish and or swallowed it completely. There is no way for a Warden to establish the size of that fish. Nor is there a way for the Warden to establish how many fish have been used as bait. However, if you simply use them as cut bait by filleting them, there are carcasses on hand that demonstrate the size and the number used.

I have a question about using bream. A lot of folks around here say it is illegal to use it as a live bait or a cut bait but I've read the regulations and it clearly states that as long as it is a fish with no limits (e.g. size or creel) and it is take from rod and reel, then it is legal to use as cut or live bait. Am I wrong or am I right?

 

First off, thank you Mac for all of your posts, I primarily fish the Yadkin/Pee Dee Lakes but read all your posts to help learn more about catfishing in general. You and WylieCat really help me to understand the habits of local cats and how to target them. Yesterday I read where "Mac" said you should never use live bass, crappie or stripers for bait in NC.

"In NC we can only use the filets off of the sides and retain the structure of the bass from head to tail. If we do otherwise, there is quite a penalty for breaking a NC Wildlife Regulation. Under no circumstances should you fish with a live bass, crappie or striper in NC as live bait."

Last night I studied the NC Rules and Regulations and I cound not see anything outlawing fishing with live bass, crappie or stripers. I did see where there is a size limit on them - so you obviously cannot cut them up for cut-bait (no way to prove they were legal length). Today I called my game warden friend and he said he didn't know about any rules prohibiting using live bass or crappie for flathead baits. He said he would look deeper into it, but didn't off hand know of any rules outlawing it. I may be wrong in this matter, but I was wondering if anyone could point me to the rule saying use of live bass and crappie as bait is illegal. Again, thanks Mac for all of your posts. Ted.

iaw inland game & fishery's yes it is as long as there legal caught fish

 

As mentioned earlier, on page 19 of the regulations digest it states, "It is unlawful, while fishing, to change the appearance of fish subject to size limits or daily creel limits or remove the head and/or tail from fish that are regulated by a size limit so that they may not be measured and/or identified." Also it states "It is unlawful to destroy unnecessarily any game fish taken from public fishing waters."
Technically that can even be applied to using them for cut bait according to the "change the appearance" and "unlawful to destroy unnecessarily" parts. Looks like we could use some official clarification by the NCWRC! Since bream are under a 30 fish combined creel limit, it would even apply to them. Gets kinda sticky don't it?

 

As mentioned earlier, on page 19 of the regulations digest it states, "It is unlawful, while fishing, to change the appearance of fish subject to size limits or daily creel limits or remove the head and/or tail from fish that are regulated by a size limit so that they may not be measured and/or identified." Also it states "It is unlawful to destroy unnecessarily any game fish taken from public fishing waters."
Technically that can even be applied to using them for cut bait according to the "change the appearance" and "unlawful to destroy unnecessarily" parts. Looks like we could use some official clarification by the NCWRC! Since bream are under a 30 fish combined creel limit, it would even apply to them. Gets kinda sticky don't it?

Hmm, it sure does. So does that mean it is illegal to use bream as live and/or cut bait, too? I've been breaking that law quite often lately :foot-in-mouth:

 

i cant speak as to the bass or crappie for bait ( why use crappie for bait they taste too good in my frying pan ) but i have asked a wild life officer last time i was checked for licence about the brim question he said yes you can use them for bait so long as it was caught on rod and reel can not catch them in cast net.

 

It just shows how some of these statements can be left open to interpretation by individual wildlife officers. Personally I will continue to use these fish for bait as long as they are caught on hook and line, and within creel and length limits like most NC catfishermen. As far as using them alive, I can only find restrictions pertaining to jugs and trot lines. Neither of which I use anyway. Of course if I see "official" regulations clearly stating otherwise I'll do my best to abide by the rules.

 

I just e-mailed this question to the top three officers with the WRC, a colonel and two majors.

"Sir,

I frequently visit a fishing website named "catfish1.com". There's an ongoing argument there that's been taking place for years. Some of us think that it's perfectly legal to use largemouth bass and crappie as livebait and some others think that it's illegal.

Do you know of someone with the WRC who can clearly answer this question for us once and for all?

Thank you for your time,

Bryan"

Now, hopefully we can clear this up once and for all.

 

I use bream live, cut, fileted. I see alot of replies where the word "interpretation" of the law or regulation. we can interpret all we want, as can the game warden/wild life officers. This is MY interpretation of it. Where it says to to destroy unnecessarily, like has been said leaves it open to interpretation. How i see it is to destroy/kill with out "use" is what i think they mean. if you catch said game fish legally and fillet it to put on ice for dinner while still on the boat you still have to maintain the carcass for identification so if i use the filet for bait i would think the same applies in keeping the carcass for ID. But again im just interpreting what i think the law says so im going with what i was told until told otherwise by office or new clearer regulations.

 

It is legal to use game fish live for bait, as long as those species used are legal for harvest on the waters you are fishing.

You must adhere to:
1) The creel limits per species / lake
2) Size limits for the lake you fish

It would be legal to fish with two live 8" bass on Lake Norman. You could not fish with live 8" bass on the Cape Fear River. Tuscan Toadfish, I am pretty sure on the Yadkin your bass would have to be 14" to be legal there.

 

I just e-mailed this question to the top three officers with the WRC, a colonel and two majors.

"Sir,

I frequently visit a fishing website named "catfish1.com". There's an ongoing argument there that's been taking place for years. Some of us think that it's perfectly legal to use largemouth bass and crappie as livebait and some others think that it's illegal.

Do you know of someone with the WRC who can clearly answer this question for us once and for all?

Thank you for your time,

Bryan"

Now, hopefully we can clear this up once and for all.

Here is the first reply from the WRC.

"
Thanks for your inquiry. You should receive an e-mail response within 7 business days depending upon the schedules of our staff. For immediate assistance please call Wildlife Management at 919-707-0050 begin_of_the_skype_highlighting 919-707-0050 end_of_the_skype_highlighting; Inland Fisheries at 919-707-0220 begin_of_the_skype_highlighting 919-707-0220 end_of_the_skype_highlighting and Wildlife Enforcement at 919-707-0030 begin_of_the_skype_highlighting 919-707-0030 end_of_the_skype_highlighting. For assistance with licenses and special hunt permits, call 1-888-248-6834 begin_of_the_skype_highlighting 1-888-248-6834 end_of_the_skype_highlighting.

N.C. Wildlife Resources Commission"

 

We had a NCWRC wildlife officer, Steve Bullins, come speak about this very topic last year at the Carolina Catfish Club meeting. Officer Bullins did an excellent job of walking us through the regulations step-by-step so that we would know what to look for on the body of water we are fishing.

I remember Officer Bullins was about to skip over the section on game fish because, as he put it, "this doesn't really apply to you catfish guys". We quickly told him that MOST of our question with the regulations centered around using game fish for BAIT!!!

Mac's getting senile, but here is a link to what he wrote....LOL!!!: http://www.catfish1.com/forums/f120/game-fish-bait-nc-105764.html

Fishing with live game fish is really the easy question, and the answer is YES as long as it was caught on rod and reel and you adhere to the creel and size limits for the body of water you are fishing.

The tricky part is when you use game fish for cut bait.

Depending on the game fish (i.e. black bass, bluegill, striper, etc), and the waters you are fishing, you may or may not have to keep the carcass intact so as to be able to determine species and length.

If there is a size limit for game fish you are using on the body of water you are fishing, then you will need to keep the carcass in one piece.

 

Just an added note for some to remember also when using game fish for live bait that have a length limit. Some cat anglers cut the tail fin on their bait to slow them down to make it easier for the cats to catch and make it more difficult to for the bait to swim into a snag. So if you are using a crappie with an 8" length limit that practice would be illegal.

 

"...So if you are using a crappie with an 8" length limit that practice would be illegal...."

You can cut the tail off as long as the crappie is still more than 8". Just don't cut the tail off an 8" crappie....LOL!!

 

LOL wyliecat you got that right :laugh1: do crappie really make that good of a catfish bait vs bream or shad?

 

"....do crappie really make that good of a catfish bait vs bream or shad?...."

Crappie are an excellent bait, but like any bait, they have their better times of the year. I seem to have had better luck with them in colder months for whatever reason.

 

Can I resurrect this dead horse?

Can I take small bass from my private pond to a public fishery and use it as live bait? Would the officer still bust my chops because I wouldn't have a way to prove that I brought it from a private lake? I know that other states you can fish legally with undersized or otherwise illegal gamefish if you show the officer a receipt from a bait shop saying that you bought a commercially raised fish for use as bait. I know in Georgia you can do this sort of thing with trout(which normally are not allowed as live bait). Is there a similar situation here? Anyone know?

The reason I ask is I talked to a guy who lives right on the Neuse river and he caught a 45lb flathead on a 8'' bass that he brought over from a friend's pond.

 

"....Can I take small bass from my private pond to a public fishery and use it as live bait?...."

I can easily answer that.

No.

As it was explained to us by Officer Bulllins; it's all about possession.

If you read the laws, they repeatedly say, "it is illegal to possess....". They say nothing about catching or where you caught them.

You can have 6" crappie that were caught from a lake where they are legal, and if you take them to a lake where you must have 8" crappie you can be charged.

You can catch 40 bream on Lake Wylie in NC, which is legal, but if you cross into SC you could be charged with a creel limit violation.

The law is VERY CLEAR on this matter.

 

Thanks Dieter. I thought something was fishy when that guy was explaining how he caught the fish. He even told me that the fish is still in his deep freezer cuz it is too big for just him to eat at once... SAD.