Fishing Ticket Misdemeanor

[fake_out99]

My question involves criminal law for the state of: Nevada

I was out fishing on 4th of July weekend with my friend when we decided to make a run to the store to get some more supplies for our second night of camping. There was no size restrictions on the lake we were at, so being completely ignorant of the fishing laws I had this bright idea that I could throw my line out into the water with power bait and come back with dinner on the other end. My friend thought it was a great idea and did the same. We went into town for about an hour and to our surprise came back with our lines reeled in and Nevada Department of Wildlife officers guarding them. When we got to the rods the officers asked us if those were our lines and where had we been. Being honest we answered yes and told them we went into town to get supplies. They asked for our fishing licenses and IDs which we provided. They went into their boat and came back with tickets that reads "Misdemeanor Citations and Complaint" on top. As they handed us our tickets they explained to us that a fish could have died on our lines when we leave our lines unattended and unable to reel it up right away, which made sense to us. We told them we were sorry and that we had only recently taken up fishing this year, so we are still very inexperienced with what we do. For some reason they had mentioned not to worry that it will not affect our driving records?? That was the end of our conversation with them and they left.

We understand that we had done something wrong and had gotten a fine for it ($115 total; $50 bail, $65 court fees). What really began to freak us out and give us anxiety is the word "misdemeanor" on the ticket. We are both college students that are due to graduate next year. Soon we will be filling out hundreds of job applications and do not want to be answering "yes" to the question that asks, "Have ever been convicted of a misdemeanor or a felony?" I don't want to have to explain to every employer that it was something really simple and stupid, or have them throwing away my application simply because I answered yes. A misdemeanor just sounds terrible to a couple of kids that have never really gotten in trouble, and from what I understand is considered a criminal offense??

That ticket says we were in violation of NRS 503.290 Code 2041

Is this something to be really concerned about, or and I am I just overly concerning myself? Should I just go to court, say guilty, and pay the fine? Will I have a criminal record now, even though it is just a fishing violation? Will I have to be answering yes to the conviction question on job applications for years to come?

[Disagreeable]

If I read and interpret things correctly, you have done nothing illegal. The gist of the argument is that you had to be angling when fishing. Trolling, or trailing the bait with the current should qualify. There does not seem to be a time limit on actually reeling in the fish as long as it is alive when you retrieve it.

[aardvarc]

The problem is that he left the line unattended. There's no mention of a time limit, because the fisherman is expected to be at the other end of the line, available to IMMEDIATELY retrieve any fish on the line. In other words, like most states, Nevada wants their fishermen to be actively engaged in the activity of fishing; the intent is to discourage people from simply setting baited lines all over the place and walking away from them for God knows how long. (Same reason unsecured trot lines, jug rigs, and similar methods of fishing are often unlawful or require the owner's name and contact information to be affixed, so that the "bait and leave" lines and equipment can be traced back to their owners who are then accountable if they are not properly tended, checked, or collected.)

NRS 503.290  Manner and means of fishing; requirements for use of second combination of hook, line and rod; taking frogs.
1.  Except as otherwise provided in subsection 2, it is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. Only one combination of hook, line and rod must be used by one person at any time, except that a second combination of hook, line and rod may be used by a person if the person:
(a) Purchases from the Department or a license agent of the Department a stamp, permit or such documentation as may be provided by the Department for a second rod;
(b) Uses the rod in the manner prescribed in this section; and
(c) Has in his or her possession a valid fishing license, combined hunting and fishing license or permit to fish issued to the person by the Department, or such documentation as the Department provides as proof that the person has paid to the Department, for the licensing period that includes the time the person is fishing, the fee required pursuant to this section.

So I understand the infraction, but I'm still looking for the level of infraction. I don't see where a violation of 503.290 is listed as a misdemeanor. I'll check the penal code when I get a minute (but one would hope that the resource officer would be aware, huh?)

[fake_out99]

(but one would hope that the resource officer would be aware, huh?)

By resource officer do you mean the officers with Nevada Department of Wildlife that issued us the tickets? If so then they did not seem to know, or did not seem to understand my question. I asked them if I should be worried about the "Misdemeanor" written on the ticket and that's when they said not to worry because it will not go on our driving record.

[aardvarc]

It won't go on your driving record, or impact your driver license in any way since your fishing license and driver license are not linked. Having one is not dependant on the other, and problems or suspensions of one don't impact the other. However, if you are convicted of a misdemeanor, it will be part of your criminal history.

And if you're a new fisherman, you really should get acquainted with all of the regulations, which you can find here:

http://www.libertypresspublications.com/NevadaFish2014/

Be sure to check each year for a newer version, as regulations change frequently (especially size limits and bag limits go up and down).

[fake_out99]

I figured as much on the driving record. I have no idea why the officer would even bring it up, it seems the two are not even remotely related. So is leaving my line the water really a misdemeanor that will affect me as drastically as I think? Or just an infraction?

[brownj12]

I have not been able to find any information about the severity of the violation. Typically you need to appear in court for a misdemeanor. You mentioned a $115 fine, that really isn't inline with what would be expected of a misdemeanor. That being said I still have not found anything to indicate it isn't a criminal charge. I would contact the court and/or a lawyer to clarify, there are some weird cases where punishments for wildlife related charges are more severe than one would expect.

Before you stress yourself out too much call a lawyer, if you can find one that advertises that he specialized in Hunting/Fishing type cases that would be even better. Hopefully he can tell you it is a non-criminal infraction and you can just pay the fine. If that is not the case, any lawyer worth their salt should be able to get this reduced to something non criminal or dismissed.

[Disagreeable]

The problem is there is not a legal definition of closely attended. The fish were not left for a duration of time such that they would be unable to survive. I would fight the ticket. When trolling multiple lines by boat, fish are usually left sitting in a tank for hours while the boat is out. This is similar and not a crime.

[aardvarc]

It might be similar...but it isn't the issue at hand. The issue isn't surviveablity of the fish. The issue is that there were unattended lines in the water. They have no way to claim they were "closely attending" the line when they weren't even AT the location. Definition or not, the standard of reasonableness suggests that one cannot perform an action unless one is actually there.


"...it is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. Only one combination of hook, line and rod must be used by one person at any time, except that a second combination of hook, line and rod may be used by a person if the person..."

Note that the key phrasing of the regulation applies even if there are NO fish on the line. The issue is the MANNER of fishing...having unattended lines....not what is done with any fish that are caught. The infraction occurs when the fisherman stops attending the line...fish on or not. Leaving the location is going to fit the bill of "not attending".

[Disagreeable]

Closely attended, as I noted, is not defined according to any statute I have seen. Where did you find the states definition or case law supporting a clear interpretation?