Is one fishing if one does not have a hook on one's fishing line ?

[Beowulf]

Minnesota

Is it fishing if e.g. an actor in a trout stream has a rod and feel and fly line but no hook or lure on the end of the line? If a DNR / game warden came along and asked for a fishing license, would the actor need to have a fishing license to avoid a penalty for "fishing without a license"? It seems to me it would not be fishing, but I suppose a game warden might suspect the actor was fishing and simply broke off the hook or lure as s/he spotted the game warden. It just seems like an interesting legal question; and I plan to film a short film involving two people trout fishing in a stream-- it would be nice to save money not buying fishing licenses and trout stamps for the two actors, or worry about trout season. I suppose to be safe I should pay for the fishing licenses, but it just seems interesting legally as to if the actors are actually "fishing", if a game warden could enforce such a ticket or penalty on the actors having rods and reels but no hooks so zero chance to hook a fish.

 

[FlyingRon]

Why don't you get fishing licenses for your actors?

Anyhow, a line without a hook is not fishing as near as I can tell. Fishing involves "hook and line" (neglecting netting, spear, and bow fishing). You need a hook. You don't need bait or lure.

 

[Zigner]

Minnesota

Is it fishing if e.g. an actor in a trout stream has a rod and feel and fly line but no hook or lure on the end of the line? If a DNR / game warden came along and asked for a fishing license, would the actor need to have a fishing license to avoid a penalty for "fishing without a license"? It seems to me it would not be fishing, but I suppose a game warden might suspect the actor was fishing and simply broke off the hook or lure as s/he spotted the game warden. It just seems like an interesting legal question; and I plan to film a short film involving two people trout fishing in a stream-- it would be nice to save money not buying fishing licenses and trout stamps for the two actors, or worry about trout season. I suppose to be safe I should pay for the fishing licenses, but it just seems interesting legally as to if the actors are actually "fishing", if a game warden could enforce such a ticket or penalty on the actors having rods and reels but no hooks so zero chance to hook a fish.

Sorry, we don't do hypotheticals (or what-ifs). Don't be cheap - buy the licenses. Also, you will want to make sure you are actually allowed to shoot your film in the area.

 

[Zigner]

Non-resident angling licenses are $32 for a 3-day license or $45 for a yearly license, and, obviously, resident licenses will be cheaper. It's not going to break the bank.

 

[adjusterjack]

I plan to film a short film involving two people trout fishing in a stream-- it would be nice to save money not buying fishing licenses and trout stamps for the two actors, or worry about trout season.

It doesn't occur to you to ask the local game warden for permission to film your pretend fishing without buying the license?

smh.

 

[Beowulf]

It doesn't occur to you to ask the local game warden for permission to film your pretend fishing without buying the license?

smh.

I did that this morning, awaiting a reply.

 

[Zigner]

It might also be wise to ask the actors if they already have licenses. If they do, then it's a non-issue.

 

[Beowulf]

Why don't you get fishing licenses for your actors?

Anyhow, a line without a hook is not fishing as near as I can tell. Fishing involves "hook and line" (neglecting netting, spear, and bow fishing). You need a hook. You don't need bait or lure.

Thank you FlyingRon, makes sense. I could buy licenses but short films are usually no budget; more important, I might want or need to film outside of a trout fishing season so I was wondering if that was an option, which it would be, if pretend fishing was possible for the purpose of film. Here in MN there are shorter fishing seasons than other states due to climate. I was surprised to learn, for example, that in NC there are no fishing seasons, you just fish all year! (I am thinking of moving to NC)

 

[Zigner]

I'm not sure that the fishing seasons would apply in your situation. If you don't catch anything, and you're not trying to catch a certain species, then you're not fishing out of season. You do raise some interesting hypothetical questions.

 

[NIV]

1. Without a search, I find it pretty persuasive that a person is not fishing if he drops a line in without a hook.

2. I think if I were a cop who saw someone who appeared to be fishing in the way the OP is writing (without a hook), I would think a prudent person seeing it would think the person was fishing. That is going to be probable cause for arrest or citation.

3. How much is the license as compared to the cost of making the argument in court the person was not fishing because he did not use a hook?

 

[Zigner]

3. How much is the license as compared to the cost of making the argument in court the person was not fishing because he did not use a hook?

This was likely rhetorical, but I'll answer: $12 for a 24 hour license.

I understand a film having "no budget", but c'mon. The memory chip in the camera cost more than that.

 

[quincy]

If you are a filmmaker, you can get your questions about filming in Minnesota answered by the Minnesota Film and TV Organization and Minnesota's state board. If you live in Minnesota, you should be familiar with these already.

Filming in Minnesota parks will require permits and you will want to notify local officials prior to filming in their areas. The notifications ensure you are getting the proper permissions, permits and licenses for that locality. If you have made it known that you will be filming in the area, law enforcement will be less likely to interrupt your filming with questions or the issuance of tickets.

 

[justalayman]

Not sure what kind of film of two guys trout fishing you're going to have unless they are actually fishing.



You need to talk to the game warden but;

If you're not fishing you most likely are not allowed to have any hooks with you. That is going to limit what these fishermen are actually doing. Your Lures and flies can't have hooks in them, even those you have in the tackle box.

So you have two guys standing in the water whipping out flies with no hooks and obviously you can't have any live fish with you. If the fishing is actually part of the reason for
The film then it won't really be much of a film

If it is simply an activity they're engaged in while talking or killing time, I can see where fake fishing has a purpose

 

[adjusterjack]

I'm suddenly visualizing Graham Chapman, in the uniform, saying: "This thread is silly."

 

[quincy]

Not sure what kind of film of two guys trout fishing you're going to have unless they are actually fishing.

I am thinking that Beowulf's film will not have quite the same impact as "A River Runs Through It."

Here is a link to Minnesota's Film and TV Organization: http://mnfilmtv.org