Hi, all...
Just to make it clear, since there seems to be some confusion on the rules in this thread...
There are two confusing aspects to this thread...one, snagging, or attempting to snag, fish is one activity, and keeping a fish that has not been hooked in the mouth after a fish has voluntarily taken the lure or bait into its mouth.
To clear one confusion, they are indeed different things. You can be guilty of "snagging" without actually hooking a fish. Snagging is actually hooking or attempting to hook a fish somewhere other than voluntarily (by the fish) in the mouth. You don't have to actually stick one in the butt on purpose...just trying to is illegal.
This clear violation does indeed require intent. You must be trying to foul hook a fish.
The other is keeping a foul hooked fish. This also is illegal, whether you meant to foul hook it or not.
Micro, and Arklier, in the situation you described, you would not be guilty of snagging, as that would require intent. You would, however, be guilty of keeping a foul hooked fish, which is just as illegal, albeit a different violation. Just because you didn't intentionally snag it does not make it a legally hooked fish.
Here's another confusing aspect of it, though...in either situation, you'll get a ticket for "snagging", since they call both violations by the same name. Actually, I think they'd call one "snagging", and the other "keeping a snagged (or foul-hooked) fish.
Christof, while I can appreciate your frustration with tribal fishers, snaggers, and other types of sportfishing slobs, it's still illegal to keep a foul hooked fish. I wish that there was better enforcement and stiffer penalties for that kind of stuff, too.
Fish on...
Todd.
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Team Flying Super Ditch Pickle