Cast netting Bluegill

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sprestwood

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Hixson,TN
<font face="times new roman,times"><font size="4">Help me understand this, I am reading from the new bait harvest rules (2010 regs) and classifications. It appears that sunfish may be harvestable by cast net, for bait, under previous rules sunfish were classified as game fish and like wise a cast net was an illegal harvest method. I wish to get a consensus here then I will email TWRA for confirmation. </font></font></p>

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<font face="times new roman,times"><font size="4">Thanks.</font></font>
</p>
 
The potential list of sunfish from the TENNESSEE WILDLIFE RESOURCES COMMISSION SPORT FISHING PROCLAMATION effective March 1, 2009.

Warmouth, Lepomis gulosus
Bluegill, Lepomis macrochirus
Redear sunfish, Lepomis microlophus
Longear sunfish, Lepomis megalotis
Green sunfish, Lepomis cyanellus
Flier, Centrarchus macropterus
Redbreast sunfish, Lepomis auritus
Pumpkinseed, Lepomis gibbosus
Orangespotted sunfish, Lepomis humilis

with Redear Sunfish still being limited to 20.

This list is from SECTION XV. SPECIAL DEFINITIONS
A. Game Fish - The following fish are designated as game fish:

Those not listed barring exceptions were only harvest able with a non-game method such as a cast net. The new Class A Bait Fish definition plus Section V—Legal Gear for Bait Harvest section would conclude these fish are harvest able without rod and reel--class A sport fish method of 2009 and earlier.

Would they record a class B (method other than rod and reel) sunfish as a state record?
 
Well, its looks like it will be legal to net them now, gonna be a slippery slope on that one for sure though. My "bait" is anything less than 3 lbs.....cats love them.
 
At first, I thought that it would be legal to cast net them from the wording.

However, on page 14, it explicitly says "A licensed sport angler (with all required licenses, permits, and stamps) can harvest game fish (INCLUDING RAINBOW TROUT AND SUNFISH) for use as bait from the wild USING LEGAL SPORT FISHING METHODS. When harvesting game fish, all restrictions in the sport fishing proclamation apply....."

I don't believe that either rainbow trout or sunfish can legally caught with a cast net. The other Section I - Class A bait fish that are listed are NOT game fish and can be harvested by the Section V Legal Gear for Bait Harvest list.
 
<font face="times new roman,times" size="4">Eric, possession of trout without the very informative invoice that creates a paper trail from you to a licensed bait dealer will eliminate cast netting of trout, an other game fish, but a receipt for bluegill is not stated as a requirement.

Here is what I have have understood as "Sport Fishing" and "Sport Fishing Methods." Sport fishing includes Class A (Rod and Reel) and Class B (Methods Other Than Rod and Reel), Sport fishing includes but is not limited to Class A for game fish, but also includes Class B methods. My example is the description of snapping turtle methods on page 30 of the 2010 Regs Guide. </font></p>

<font face="times new roman,times" size="4">"Common snapping turtles may be taken by
all legal sport fishing methods except archery,
spear guns and dipping."</font></p>

<font face="times new roman,times" size="4">archery, spear guns and dipping are not all of the Class B methods, leaving room to cast net a turtle, only if its species and length are suitable per regulations.</font></p>

<font face="times new roman,times" size="4"> </font></p>

<font face="times new roman,times" size="4">A key to understanding the new regs is a news summary from : </font> </p><p class="MsoNormal">http://news.tennesseeanytime.org/node/3643</p>

</p><p style="background: white none repeat scroll 0% 0%; text-indent: 0.5in; line-height: 18pt; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial" class="MsoNormal"><font face="times new roman,times" size="4"><span style="color: black">"Bait Proclamations- Live Bait, Commercial and Sportfishing:</span></font></p><font face="times new roman,times" size="4"> </font><p style="background: white none repeat scroll 0% 0%; line-height: 18pt; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial" class="MsoNormal"><span style="color: black"><font face="times new roman,times" size="4">The regulation changes include: 1) adoption of the Live Bait Proclamation 09-20 will regulate the sale and use of live bait for fishing; 2) Proclamation 09-21 which amends Commercial Fishing Proclamation 08-01 to allow commercial fishers to use live bait and provides guidelines for bait dealers who harvest live bait from the wild for the purpose of sale; and 3) an addition to the previously proposed Sport Fishing Proclamation 09-22 which would remove live bait regulations from the Sport Fishing Proclamation (because they will now be in the Live Bait Proclamation)."</font></span></p><font face="times new roman,times" size="4"> </font>

<font face="times new roman,times" size="4">Emphasis added to key language. The </font><span style="color: black"><font face="times new roman,times" size="4">Live Bait Proclamation adds a new class of regulation to the previous </font></span><span style="color: black"><font face="times new roman,times" size="4">classes of Commercial Fishing and </font></span><span style="color: black"><font face="times new roman,times" size="4">Sport Fishing. As stated sunfish are influenced by the </font></span><span style="color: black"><font face="times new roman,times" size="4">Live Bait Proclamation as indicated by its listing on page 14 of the 2010 regs guide being classified as a bait fish with legal harvest methods for those fish listed on page 15 under Section V—Legal Gear for Bait Harvest. </font></span></p>

<span style="color: black"><font face="times new roman,times" size="4">On page 18 and 19 of the 2009 regs guide an article educating anglers on live bait fishing and threats of transfer of fish and disease to waters where it will be invasive. One very simple method to reduce transfer of invasive species is to use bait only in the water it is caught from. This is the only reason that I can think of as why sunfish are included as these could be sold by bait dealers if it was under 4 inches long in previous regulations.</font></span></p>

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Cast nets are not legal for taking gamefish (see pg. 30, center column of 2010 fishing guide). Bluegill and most other sunfish species are gamefish. Nothing in the new live bait regulations (p. 14) supercedes this. You still have to use legal sport fishing methods to harvest gamefish to use as bait (as Eric M. pointed out). So no, you cannot use a cast net to catch bluegill for bait.
 
Guys read the fine print on sunfishes regarding their use as a live bait. Those fish caught by sport fishing methods are legal for use as bait but those sunfish sold as bait must be taken from private waters or ponds. Taking sunfish from public waters with a cast net is still illegal. In public waters they are still considered a game fish and may not be caught with a cast net.
 

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