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Sturgeon. what counts as "harming and harrassing?


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#1 Guest_FirstChAoS_*

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Posted 02 June 2011 - 02:23 AM

I heard this weekend is free fishing day in Massachusetts (I have to check to make sure) and I was debating whether or not I should go down their and attempt to photograph a real river monster, the shortnose sturgeon.

I knew they were rare/endangered but a quick online search here http://www.bio.umass...r/sturgeon.html showed that their is a 20,000 dollar fine for harming or harassing one. I cannot afford that but wonder what counts as harming or harassing?

Does dipnetting, kicknetting, or seining one count as that? What about catching one on rod and reel? What about swimming up close to one with an underwater camera and photographing one?

I do not want to break the law and get a fine but would love to photograph this magnificent creature. Is their any way to do it that would not count as harming and harassing? I can even see swimming up to one to take a picture being called harrassing. Does anyone know if their is a way to photograph one without breaking a law?

#2 Michael Wolfe

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Posted 02 June 2011 - 05:41 AM

I heard this weekend is free fishing day in Massachusetts (I have to check to make sure) and I was debating whether or not I should go down their and attempt to photograph a real river monster, the shortnose sturgeon.

I knew they were rare/endangered but a quick online search here http://www.bio.umass...r/sturgeon.html showed that their is a 20,000 dollar fine for harming or harassing one. I cannot afford that but wonder what counts as harming or harassing?

Does dipnetting, kicknetting, or seining one count as that? What about catching one on rod and reel? What about swimming up close to one with an underwater camera and photographing one?

I do not want to break the law and get a fine but would love to photograph this magnificent creature. Is their any way to do it that would not count as harming and harassing? I can even see swimming up to one to take a picture being called harrassing. Does anyone know if their is a way to photograph one without breaking a law?

To be absolutely sure, you would have to contact your local Department of Natural Resources of Fish and Wildlife or whatever the department is called in your state... but I can tell you from conversations that I have had with people that have these type of responsibilities... they do consider holding an animal for any length of time to be harassing it. I asked about phototanks (obviously for smaller fish than sturgeon) for a fish caught while seining, and was told "no" that I had to return the fish to the water immediately. Essentially holding the fish for any length of time is considered harassing or possessing the animal and that is specifically what most laws do not allow.

Snorkeling with an underwater camera, on the other hand, is usually not considered harassing and is certainly not possessing the animal.

Catching one on a rod and reel might not be breaking the law (if you are fishing legally in a legal spot, etc.), but technically speaking you have to return the fish to the water immediately without holding it for any length of time.

IMO. IME. At least this is the advice that I have been given. YMMV. I am not your lawyer. And whatever other disclaimer I need to make here...
Either write something worth reading or do something worth writing. - Benjamin Franklin

#3 Guest_gzeiger_*

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Posted 02 June 2011 - 08:22 AM

You certainly should not intentionally catch one on a hook regardless of the law!

#4 Guest_pylodictis_*

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Posted 02 June 2011 - 09:41 AM

You certainly should not intentionally catch one on a hook regardless of the law!



I think if he took the right precautions it could be okay. They are tough beasts, but largely considered impossible to catch.

#5 Guest_daveneely_*

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Posted 02 June 2011 - 10:02 AM

USFWS and various states rear a lot of Atlantic and shortnose sturgeon. If you really want a photo, you might want to talk to the hatchery manager at the nearest facility and ask them if they'd let you drop one of their juvenile fish in a photo tank for a couple of minutes. Offer them your photos so that they get something out of the deal.

Leave the ones in the wild alone. It's one thing to accidentally hook one while fishing for something else, it's an entirely different beast to intentionally target one, and would most certainly get you into trouble with USWFS.

#6 Guest_gzeiger_*

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Posted 02 June 2011 - 11:35 AM

It's certainly hard to imagine a definition of harassment that would not encompass stabbing in the face.

#7 Guest_fritz_*

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Posted 02 June 2011 - 12:08 PM

Michael is correct. Anything other than immediately releasing an accidentally caught federally endangered or threatened species would/could be considered "harassment". While the chances of catching one by hook and line would be very small, it is also a big no no. No matter how nicely you handle the fish. Dave's suggestion is a good one but I think the only hatcheries that would have small shortnose are in SC and GA.

#8 Guest_FishheadDave_*

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Posted 02 June 2011 - 02:46 PM

There are also several research projects gill netting and tagging sturgeon in the northeast. You might try volunteering on one for a legal opportunity to see sturgeon. I went out on the Penobscot River a few years ago with some folks from UMaine and saw a good-sized shortnose.

PM me if you would like contact info.

#9 Guest_Irate Mormon_*

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Posted 03 June 2011 - 12:01 AM

http://www.bio.umass...r/sturgeon.html[/url] showed that their is a 20,000 dollar fine for harming or harassing one. I cannot afford that but wonder what counts as harming or harassing?]



Ah, the usual fines. A mere pittance!

#10 Guest_FirstChAoS_*

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Posted 03 June 2011 - 01:13 PM

Ah, the usual fines. A mere pittance!


The most dangerous of river monsters in these harsh economic times. Instead of attacking your body it attacks your wallet. :)



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