W. Va. Code R. § 58-61-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 58-61-3 - Prohibitions

3.1. Fishing on Catch-and-Release Trout Waters -- Fishing on catch-and-release trout waters is permitted during daylight hours only.

3.1.1. It is illegal to possess any lures except artificial flies and lures made of metal, wood, feathers, hair or synthetic material on catch and release trout waters.

3.1.1.a. Multiple-hook lures shall have barbless hooks.

3.1.1.b. Single-hooked lures may have barbed hooks.

3.1.2. It is illegal to keep or kill any fish caught on catch and release trout waters. The leader should be cut on a deeply hooked or gill hooked fish.

3.2. Fishing on Fly-Fishing Only Waters -- Fishing on fly-fishing only waters is permitted during daylight hours only.

3.2.1. It is illegal to use or possess any lures other than artificial flies and streamers while on fly-fishing only waters.

3.2.2. It is illegal to use any fishing tackle other than conventional fly-fishing tackle on fly-fishing only waters.

3.2.3. It is illegal to keep or kill any fish caught on fly-fishing only waters. The leader should be cut on a deeply hooked or gill hooked fish.

3.3. Fishing in Impoundments Stocked with Trout by the Division -- Only two lines or poles per angler are permitted during the period January 1 through May 31.

3.4. Fishing Methods.

3.4.1. Dipping -- A dip net may not exceed 36 square feet in overall area and its mesh may not be smaller than one-quarter inch .

3.4.2. Bow Fishing -- It is illegal to:

3.4.2.a. Use an arrow having an explosive head or shaft while bow fishing;

3.4.2.b. Use an arrow dipped in or smeared with poison or other chemicals while bow fishing; or

3.4.2.c Use a crossbow while bow fishing.

3.4.2.d. Fish taken by bowfishing may not be returned to the water or left on the bank.

3.4.3. Gigging, Snagging, and Snaring -- It is illegal to take any game fish by gigging, snagging, or snaring.

3.4.4. Jug Fishing -- The use of any free-floating device used to deploy a hook and line to take or attempt to take fish is prohibited.

3.4.5. Trotlines and Droplines -- The following requirements shall be complied with when using trotlines and droplines:

3.4.5.a. Trotlines and droplines shall be attached to the bank, or a tree on the bank;

3.4.5.b. Trotlines and droplines shall bear an identification tag that is legible and waterproof bearing the name and address of the fishing gear's owner or the owner's Division of Natural Resources identification number;

3.4.5.c. Trotlines and droplines shall be attended at least once every 24 hours;

3.4.5.d. Wire or cable lines and hooks with more than one point are prohibited;

3.4.5.e. It is illegal to attach a trotline to public piers and docks or within 50 feet of dam appurtenances; and

3.4.5.f. Trotlines and droplines are prohibited on impoundments designated by the director and published annually.

3.4.6. Seining for Minnows and Use of Minnow Traps and Throw Nets -- The seining of minnows and use of minnow traps and throw nets is permitted with the following restrictions:

3.4.6.a. Game fish may not be seined or trapped;

3.4.6.b. A seine may be used to obtain minnows for use as bait provided the seine is not larger than eight feet nor deeper than four feet;

3.4.6.c. Minnow traps may be used provided the openings are not larger than one inch in diameter; and

3.4.6.c.1. Minnow traps shall bear an identification tag that is legible and waterproof bearing the name and address of the owner of the trap or the owner of the trap's Division of Natural Resources identification number;

3.4.6.c.2. Minnow traps shall be attended at least once every 24 hours.

3.4.6.d. A throw net may be used provided the radius is no larger than 12 feet and the mesh size no larger than one inch.

3.4.7. Underwater Spearfishing -- Spearfishing is permitted with the following restrictions:

3.4.7.a. Spearguns shall be discharged only beneath the surface of the water;

3.4.7.b. It is illegal to use a bolt having an explosive head or shaft while spearfishing;

3.4.7.c. It is illegal to use a bolt dipped in or smeared with poison or other chemicals while spearfishing;

3.4.7.d. A diver may not spearfish in such a manner as to interfere with other fishermen;

3.4.7.e. A diver may not spearfish in heavily travelled boat lanes, marked swimming areas, or marked waterskiing areas; and

3.4.7.f. Fish taken by spearfishing may not be returned to the water or left on the bank.

3.4.8. Fishing through the Ice -- Fishing through the ice on public fishing impoundments is prohibited through holes in the ice with a diameter greater than 10 inches.

W. Va. Code R. § 58-61-3