[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
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

[[Page 19]]

be in accordance with the laws and regulations of the State within whose 
exterior boundaries a park area or portion thereof is located. 
Nonconflicting 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]