36 C.F.R. § 2.3

Fishing

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Except in designated areas or as provided in this section, fishing shall be in accordance with the laws and regulations of the State within whose exterior boundaries a park area or portion thereof is located. Nonconflicting State laws are adopted as a part of these regulations.

(b) State fishing licenses are not required in Big Bend, Crater Lake, Denali, Glacier, Isle Royale (inland waters only), Mammoth Cave, Mount Rainer, Olympic and Yellowstone National Parks.

(c) Except in emergencies or in areas under the exclusive jurisdiction of the United States, the superintendent shall consult with appropriate State agencies before invoking the authority of § 1.5 for the purpose of restricting or closing park areas to the taking of fish.

(d) The following are prohibited:

(1) Fishing in fresh waters in any manner other than by hook and line, with the rod or line being closely attended.

(2) Possessing or using as bait for fishing in fresh waters, live or dead minnows or other bait fish, amphibians, nonpreserved fish eggs or fish roe, except in designated waters. Waters which may be so designated shall be limited to those where non-native species are already established, scientific data indicate that the introduction of additional numbers or types of non-native species would not impact populations of native species adversely, and park management plans do not call for elimination of non-native species.

(3) Chumming or placing preserved or fresh fish eggs, fish roe, food, fish parts, chemicals, or other foreign substances in fresh waters for the purpose of feeding or attracting fish in order that they may be taken.

(4) Commercial fishing, except where specifically authorized by Federal statutory law.

(5) Fishing by the use of drugs, poisons, explosives, or electricity.

(6) Digging for bait, except in privately owned lands.

(7) Failing to return carefully and immediately to the water from which it was taken a fish that does not meet size or species restrictions or that the person chooses not to keep. Fish so released shall not be included in the catch or possession limit: Provided, That at the time of catching the person did not possess the legal limit of fish.

(8) Fishing from motor road bridges, from or within 200 feet of a public raft or float designated for water sports, or within the limits of locations designated as swimming beaches, surfing areas, or public boat docks, except in designated areas.

(e) Except as otherwise designated, fishing with a net, spear, or weapon in the salt waters of park areas shall be in accordance with State law.

(f) Authorized persons may check fishing licenses and permits; inspect creels, tackle and fishing gear for compliance with equipment restrictions; and inspect fish that have been taken for compliance with species, size and other taking restrictions.

(g) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1992–2023 · leading case: San Francisco Herring Ass'n v. Usdoi, 946 F.3d 564 (9th Cir. 2019).

Sort: Relevance Newest Treatment

San Francisco Herring Ass'n v. Usdoi, 946 F.3d 564 (9th Cir. 2019). · cites it 8× “” 36 C.F.R. § 2.3 (d)(4). “Fishing” is defined as “taking or attempting to take fish.”

United States v. Knauer, 635 F. Supp. 2d 203 (E.D.N.Y 2009). · cites it 4× “ORDER GO, United States Magistrate Judge: Defendant Richard Knauer is charged with engaging in commercial fishing in violation of 36 C.F.R. § 2.3 (d)(4) and harming/harassing wildlife in violation of 36 C.”

United States v. Buehler, 793 F. Supp. 971 (E.D. Wash. 1992). · cites it 2× “Additionally, pertinent provisions of 36 C.F.R. § 2.3 provide: (a) Except in designated areas or as provided in this section, fishing shall be in accordance with the laws and regulations of the State within whose exterior boundaries a park area or portion thereof *974 is located.”

San Francisco Herring Ass'n v. U.S. Dep't of the Interior, 683 F. App'x 579 (9th Cir. 2017). “The SFHA does not allege any action “made reviewable by statute,” and must therefore establish that it is challenging some final agency action.”

United States v. Adrian Nature, 898 F.3d 1022 (9th Cir. 2018). “” 36 C.F.R. § 2.3 (a), (c). If the Site were not a “park area” and we did not read the regulation mutatis mutandis, these cross- references would make applicable to the Site a regulation that by its terms could never apply.”

San Francisco Herring Assoc. v. Usdoi, 33 F.4th 1146 (9th Cir. 2022). “” 36 C.F.R. § 2.3 (d)(4). Violations of this prohibition are punishable by fine and up to six months in prison.”

United States v. Knauer, 707 F. Supp. 2d 379 (E.D.N.Y 2010). · cites it 3× “They then issued Knauer two misdemeanor summonses: commercial, fishing in viola *382 tion of 36 C.F.R. § 2.3 (d)(4) and harming or harassing wildlife in violation of 36 C.”

Alaska Wildlife All. v. Jensen, 108 F.3d 1065 (9th Cir. 1997). “See 36 C.F.R. §§ 2.3 (d)(4), 5.3. These regulations have not been enforced in the Park, see 36 C.”

Nat'l Parks Conservation Ass'n v. Dep't of the Interior (D.D.C. 2023). · cites it 2× “nservation Association (“NPCA” or “Plaintiff”) alleges that the Department of the Interior, the National Park Service (“NPS”), Secretary of the Interior David Bernhardt, and Acting Director of the National Park Service Margaret Everson (collectively, “Defendants”) have violated…”

United States v. Boyd (5th Cir. 2001). “Boyd was cited for unauthorized fishing within Gulf Islands National Seashore, in violation of 36 C.F.R. § 2.3 (d)(4). Boyd contested the citation, arguing that he had a right to fish under Mississippi law and the Magna Carta.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.