The legality of cast nets

Discussion in 'LOCAL NORTH CAROLINA TALK' started by Bryan8552, Mar 19, 2007.

  1. Bryan8552

    Bryan8552 New Member

    Messages:
    422
    State:
    nc
    Somebody please clear this up for me. In reading the 06-07 NC Regulations Digest it seems to plainly say that it's perfectly legal to use a cast net at Kerr Lake. It also seems to plainly say that it's illegal to use one at Falls of Neuse Reservoir in Wake county. I was checking these places because it's mainly where we fish. Out of curiosity I continued checking other counties and determined (all of this to the best of my ability, and trust me I'm no lawyer), that it's illegal to use a cast net in any of the following counties: Catawba, Chatham, Davidson, Iredell, Lincoln, Mcklenburg, Montgomery, Rowan, and Stanly Counties. If this is right it would be illegal to throw one at Lake Norman, Tillery, High Rock, Baden, Tuckertown, Falls (Stanly County) and possibly a few others. As best I can tell there is actually very few places in the state where you can legally use a cast net. As a matter of fact, out of all the places I checked, the Kerr Lake area was the only place where it seems to be legal.

    Am I reading this thing right?
     
  2. riddleofsteel

    riddleofsteel New Member

    Messages:
    353
    State:
    NC
    "Taking Nongame Fish for Bait
     Nongame fishes or other aquatic animals taken for bait may
    not be sold.
     Nongame fish may be taken for bait only with the equipment
    listed below, and an appropriate inland fishing license is required.
    1. A dip net not greater than 6 feet across.
    2. A seine not greater than 12 feet in length with a bar mesh
    measure of not more than 1/4 inch.
    Exception: In Lake Waccamaw any length seine may be used
    to collect bait fishes.
    3. A cast net.
    4. Minnow traps under immediate control and attendance of the
    operator and not exceeding 12 inches in diameter, with
    funnel openings not exceeding 1 inch in diameter.
     The daily creel limit is 200 nongame fish in aggregate, subject to
    the following restrictions
    1. No more than 50 eels, none of which may be less than 6
    inches in length
    2. No herring (alewife and blueback) greater than 6 inches in
    length may be taken or possessed from the inland fishing
    waters of coastal rivers up to the first impoundment dam on
    the main course of the river. First impoundment dams are
    identified under the Hook-And-Line Regulations above.
     Any fish taken for bait purposes are included in the daily possession
    limit for that species (where such a limit is specified).
     Nongame fish may not be taken for bait from Bear Creek and
    Rocky River, Chatham County; Fork Creek, Randolph County;
    Deep River below Coleridge Dam, Randolph County; and those
    portions of Deep River in Moore, Chatham and Lee counties.
     Game fish incidentally taken with nets or traps while capturing
    bait must not be harmed and must be released immediately."
     

  3. riddleofsteel

    riddleofsteel New Member

    Messages:
    353
    State:
    NC
    I do not see what you are talking about. My understanding is that with a special devices permit you can take non-game fish for bait as long as you do not sell them.

    Can you quote the regs you are referring to?
     
  4. greggofish

    greggofish New Member

    Messages:
    214
    State:
    Holly Springs, NC
    in all 100 counties. All you need is a fishing license. There are a few bodies of water that you may not use them. See above post for those waters.
     
  5. greggofish

    greggofish New Member

    Messages:
    214
    State:
    Holly Springs, NC
    is only necessary when you are selling the non game fish.

    If you are catching them for bait..........all you need is a fishing license.
     
  6. riddleofsteel

    riddleofsteel New Member

    Messages:
    353
    State:
    NC
    What's in your wallet..............

    "Special Fishing Devices
     Special fishing devices, which may be licensed for the taking of
    nongame fishes, include the following: bow and arrow (except
    crossbows), seines, cast nets, gill nets, dip nets, bow nets, reels,
    gigs, spear guns, baskets, fish pots, eel pots and traps (including
    automobile tires).
     A noncommercial special device license is valid when no more
    than three special devices are used.
     A commercial special device license is required when four or
    more special devices are used."

    Sounds to me like your cast net needs the ten dollar non-commercial devices permit
     
  7. riddleofsteel

    riddleofsteel New Member

    Messages:
    353
    State:
    NC
    Ok here is what is in dispute;

     A season must be authorized to use a special fishing device in
    a body of water (see “Seasons and Waters,” page 28).


    If you go on in the regs HUGE portions of the state appear to have no authorized season to use these devices. What may be happening here is the difference between taking non-game fishes for bait and taking them for possession. Sounds like a fine line but remember you can sell non-game fish legally taken without restriction. If you can net them without restriction you could make a living seining for non-game fish I guess.
    However, it plainly says that non-game fish taken by special devices for bait can not be sold.

    I will call Raleigh tomorrow for a ruling.
     
  8. Bryan8552

    Bryan8552 New Member

    Messages:
    422
    State:
    nc
    If they say it's legal to throw one in those counties they desperately need to print a new book. It has read the same way for many years and plainly says (as best I can read) that there are only a very few places in the state where you can legally use a cast net. As a matter of fact, I've been leaving mine at home for over 20 yrs now, due to the way the Reg. Book reads. Been catching my bait on hook, line and sinker. Nothing I could do about it, but I'll be pissed to find out they wrote the book wrong, or for that matter, that I don't have sense enough to read and understand it. Cause what little education I have, I received in this fine state!
     
  9. greggofish

    greggofish New Member

    Messages:
    214
    State:
    Holly Springs, NC
    The following section is the only section that you need to worry about if you are using a cast net to catch your own bait. You can use a net in all 100 counties with just a fishing license. There are a few areas (very few) mentioned in the regs where local rules prevent you from using a net. That is about as simple as it gets but this has been discussed to death around here for a long time. If someone wants to buy an extra license for fun, more money in the pot to put some lights up at a few dark ramps I suppose.....


    Taking Nongame Fish for Bait
    _ Nongame fishes or other aquatic animals taken for bait may
    not be sold.
    _ Nongame fish may be taken for bait only with the equipment
    listed below, and an appropriate inland fishing license is required.
    1. A dip net not greater than 6 feet across.
    2. A seine not greater than 12 feet in length with a bar mesh
    measure of not more than 1/4 inch.
    Exception: In Lake Waccamaw any length seine may be used
    to collect bait fishes.
    3. A cast net.
    4. Minnow traps under immediate control and attendance of the
    operator and not exceeding 12 inches in diameter, with
    funnel openings not exceeding 1 inch in diameter.
    _ The daily creel limit is 200 nongame fish in aggregate, subject to
    the following restrictions
    1. No more than 50 eels, none of which may be less than 6
    inches in length
    2. No herring (alewife and blueback) greater than 6 inches in
    length may be taken or possessed from the inland fishing
    waters of coastal rivers up to the first impoundment dam on
    the main course of the river. First impoundment dams are
    identified under the Hook-And-Line Regulations above.
    _ Any fish taken for bait purposes are included in the daily possession
    limit for that species (where such a limit is specified).
    _ Nongame fish may not be taken for bait from Bear Creek and
    Rocky River, Chatham County; Fork Creek, Randolph County;
    Deep River below Coleridge Dam, Randolph County; and those
    portions of Deep River in Moore, Chatham and Lee counties.
    _ Game fish incidentally taken with nets or traps while capturing
    bait must not be harmed and must be released immediately.
     
  10. Bryan8552

    Bryan8552 New Member

    Messages:
    422
    State:
    nc
    Greggofish,

    Ran into a game warden on the Cape Fear river between Fayettville and Elizabethtown. This was prolly 10 years ago. He said if he caught us throwing a net in that river he was going to write us a ticket because it was simply against the law.

    If what you're saying above is true, then it would be illegal to take non-game fish for bait using a rod and reel.
     
  11. BILLYP

    BILLYP New Member

    Messages:
    415
    State:
    Fayetteville, North Carol
    Simply put all you need is a special device license, fishing license, and a net. I have ran into game wardens on the cape fear this year and last year while throwing my net. All they asked to see was my licenses. Thats it.
     
  12. greggofish

    greggofish New Member

    Messages:
    214
    State:
    Holly Springs, NC
    I officially give up.

    More bait for me I guess.

    I heard chicken liver works great :lol: :lol:
     
  13. greggofish

    greggofish New Member

    Messages:
    214
    State:
    Holly Springs, NC
    One last thing......


    The only place in the State you can't use a cast net is in designated public trout water.

    Thought I would be a bit more specific than "a few areas"

    Happy bait catchin'.......
     
  14. Bryan8552

    Bryan8552 New Member

    Messages:
    422
    State:
    nc
    Called Raleigh to find out the answer. I called the # which is labeled "Regulation Information" on the first page of the book. The lady on the phone said the only way to determine if it's legal or not is to pick a county I'm going to fish in and she would give me the phone # of the officer in that county and I could ask him. I then asked was it not possible to determine the answer using the Reg. Book. She said "definitely not, there are way too many laws from county to county to put all of them in the book". So I then picked a county and she gave me the name and # of the officer and hung up in my face. I then called the officer, what do you think I got? No answer! According to the lady who they have placed in charge of "Reg. Info." You would have 100 phone calls to make to find out whether or not it's legal to throw a net in NC. That's providing that someone would answer the phone. Oh yeah, before she hung up on me, she did say, positively, that a special device license was required statewide, to throw a cast net. She just could'nt tell me where we could and could'nt throw it. She also said, positively, that the legalities of using a cast net to catch bait, varied from county to county.

    Bottom line: If the state is running short on money (or the wardens wife made him sleep on the couch last night), you're getting a ticket! If not, it's your lucky day.
     
  15. greggofish

    greggofish New Member

    Messages:
    214
    State:
    Holly Springs, NC
    Even though I should be fishing.......

    The person you spoke with either has no clue what you were asking or what the regs really are and relayed incorrect information. This would not be the first time. The rules are not county by county. They are enforced equally. There are some things (seasons and such) that are different by county and they are clearly outlined.

    I assume she is just confused and did not understand the question.

    My advice for you is to email a simple question or questions to the NCWRC.

    Such as "do you need a special device license to use a cast net in NC?"

    "Are the rules in the regulation book enforced equally in all counties"

    This way you have a written response that you can return to and even post here for all to see. The regulation are a bit confusing at first but if studied, become clear fairly soon.

    By the way if you meant to say something in the PM you sent me, it didn't come through. It was blank.

    Good luck.......and be aware that a response by NCWRC to your email will take 2-4 weeks on average. :roll_eyes:
     
  16. JAYNC

    JAYNC Active Member

    Messages:
    1,312
    State:
    Newport N.C.
    I think the prices of the fishing and hunting in this state are extremely low anyways. That is why I just buy a sportsman and a special device license every year. This will avoid any kind of situation with the game wardens. The ten dollars it costs will be far less than the ticket. It clearly says that you must have a special device license to use a cast net. You can get it right online now or you can get it at sporting good stores. The only time I have seen that laws can get tricky is when your in a county that touches the ocean, then you have a whole other manual that is about 500 pages long on all the rules. Like eel traps, it says in the fishing regulations that you can use up to three, they must be twelve inches wide maximum and have an opening of an inch or less. But if you look in the other manual for the ocean counties it says that you must also have an escape hatch that is 4x4" with 1/2" mesh. I believe that is so the small ones can escape. I haven't built the escape hatches yet so I haven't put one in the water for a long time. There are many things that you have to look out for, but for cast nets its pretty black and white, buy a special device license.
     
  17. BILLYP

    BILLYP New Member

    Messages:
    415
    State:
    Fayetteville, North Carol
    Special Fishing Devices
     Special fishing devices, which may be licensed for the taking of
    nongame fishes, include the following: bow and arrow (except
    crossbows), seines, cast nets, gill nets, dip nets, bow nets, reels,
    gigs, spear guns, baskets, fish pots, eel pots and traps (including
    automobile tires).
     A noncommercial special device license is valid when no more
    than three special devices are used.
     A commercial special device license is required when four or
    more special devices are used.
     A season must be authorized to use a special fishing device in
    a body of water (see “Seasons and Waters,” page 28).
     Effective July 1, 2006, no river herring greater than 6 inches
    in length may be taken or possessed from inland fishing waters
    of coastal rivers.
    YOU NEED A SPECIAL DEVICE LICENSE AND YOU WILL BE GOOD, THEY AN DO NOTHING TO YOU, UNLESS YOU ARE USING IT ILLEGALLY.
     
  18. Mark J

    Mark J New Member

    Messages:
    9,407
    State:
    Four Oaks, NC
    Two years ago A member here was cast netting for shad behind the highway patrol station below the dam of Holt's lake in Smithfield.

    A warden asked to see his special device license and he said HUH?
    When it was explained the member left right then drove a mile and bought the license. He was fortunate the warden didnt ticket him.

    On the other hand I've had wardens that saw me throwing a net and didnt say a word. The way some of these laws are written and enforced I think alot of it is left up to the warden.

    Its 10 bucks. Pay the 10 bucks and be covered.
     
  19. bigblaze

    bigblaze New Member

    Messages:
    738
    State:
    NC
    I have been on both sides of the net...urrr fence.

    I asked a warden on Friday afternoon after he had just checked us and a cooler with 30 monster hickory shad...(caught on a rod and reel at Weldon)

    quote....
    Is a special device permit needed to throw a cast net in NC!...he said "NO"!

    I too have been stopped by that same warden in blacks creek and she told me I needed a special device permit to throw a net...

    It's pretty confusing...

    I agree with greg if your using a cast net and intend to sell the bait get a permit....

    if your using it to gather bait for your own personal use I think the permit is not needed...

    just my two cents....
     
  20. riddleofsteel

    riddleofsteel New Member

    Messages:
    353
    State:
    NC
    OK






    Here’s the real deal direct from the NC Wildlife Enforcement Division in Raleigh NC.
    I called this morning explained our confusion and concern and put our questions to Capt. Mitch Kuykundall.

    • Is a special fishing devices permit required to use a cast net to catch shad for bait?
    • What, if any, are the restrictions to using a cast net to collect shad for bait, for personal use, in NC?
    He examined the regulations we have been talking about and took my phone number so he could consult with the Inland Fisheries Division about our concerns. When he called me back he stated the following;

    1.[FONT=&quot] [/FONT]If you are using a cast net to collect shad for bait, for personal use, you do NOT need a special devices fishing permit, only a regular fishing license.

    2.[FONT=&quot] [/FONT]You can use a cast net to collect up to 200 shad per person, per day, for bait
    anywhere in NC at any time except for the limited areas listed in the last sentences of the “Non-game fishes for bait” section.

    3. You can not sell any bait fish caught under this regulation.


    At that time I asked him what the section of the regulations that refers to special devices licenses and authorized seasons referred to. He stated that according to the Inland Fisheries Division these regulations refer to the use of seines, fish traps, and other special fishing devices used to catch non-game fish for consumption and/or sale. This requires a special fishing devices permit except for bow fishing and that can be done under a regular hunting/fishing license.
    Putting out more than three fish traps, seines, or nets or using nets to catch bait fish for sale requires a commercial special devices license and must be conducted according to the regulations listed on page 28 of the 2006-2007 book.

    His final comments were to keep throwing a cast net for catfish bait. Just be sure to properly identify the fish you keep for bait.