[Code of Federal Regulations]

[Title 36, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR2.3]



[Page 18-19]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

 

PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents

 

Sec. 2.3  Fishing.



    (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



[[Page 19]]



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 Sec. 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]