"Do I need a license to fish from my dock?"

[2 oars & a trash can]

A homeowner who rents his house out got an email from tenants asking for written permission to fish from his dock because they thought that would exclude them from needing a license. Initially I thought this would not fly because AEP owns the lake, but then I found this online:

"Tenants, on the land they rent and occupy, are not required to have a license, but must have the written permission of the landowner. (If you are a guest at SML and renting a vacation property – you can get written permission from the owner to fish off their dock without purchasing a fishing license.)"

from the site

webcache.googleusercontent.com/search?q=cache:http://www.thesmlshow.com/2011/10/do-i-need-a-fishing-license-for-smith-mountain-lake/

Wondering if anyone else is familiar with this regulation.

Thanks

[deerview]

That is a new one on me. I was always told by the game wardens that if you have a pole in hand and the line in the water, an adult needs a license. You can buy a out of state temp license online. If you call the guys at the Forest office, they are very helpful.

[mytoyzfishing]

I'm with deerview on this. I have always thought that regulation pertains to private water on private property. And since SML is not a private body of water I would think that this would not fly with the wardens.

[CorneliaGale]

If you own the land or rent you can fish or hunt along with close family members also can hunt or fish.

All persons, except those listed below, must purchase the proper licenses before fishing.

Resident or nonresident landowners, their spouses, their children and grandchildren and the spouses of such children and grandchildren, or the landowner's parents, resident or non - resident, do not need a license to hunt, trap or fish within the boundaries of their own lands and inland waters.

Tenants, on the land they rent and occupy, are not required to have a license, but must have the written permission of the landowner.

[BentRod]

I've heard my whole life you can fish from your own dock without a license, but I've never looked it up. Considering game wardens have more power than just about anybody, I wouldn't put it past them to check you or your friends on your dock. They board my boat freely, why not my dock?

[CorneliaGale]

They can and will check you, or at least they use to, when we fished from the bank on land we had rented that was on the lake. The information I put in the post above came from DGIF's website and its in the regulations booklet they put out.

[mwardncsu]

I wonder - does a dock differ than being on the land itself? Seems like a call to DGIF would be wise to confirm if it affects anyone

[Gator]

This is from the DGIF site.


Exceptions
All persons, except those listed below, must purchase the proper licenses before fishing.

Resident or nonresident landowners, their spouses, their children and grandchildren and the spouses of such children and grandchildren, or the landowner's parents, resident or non - resident, do not need a license to hunt, trap or fish within the boundaries of their own lands and inland waters.
Residents under 16 years of age (also do not need a trout license).
Resident, active-duty members of the armed forces while on official leave— must have copy of leave papers in their possession.
Tenants, on the land they rent and occupy, are not required to have a license, but must have the written permission of the landowner.
Guests fishing in individually owned private ponds.
Nonresident children under 12 (except in designated stocked trout waters) when accompanied by a properly licensed adult.
Legally blind persons.
Any Indian who "habitually" resides on an Indian reservation or a member of the Virginia recognized tribes who resides in the Commonwealth is not required to have a freshwater license; however, such Indian must have on his person an identification card or paper signed by the chief of his tribe, a valid tribal identification card, written confirmation through a central tribal registry, or certification from a tribal office. However, a saltwater fishing license is required.
Stockholders owning 50 percent or more of the stock of any domestic corporation owning land in Virginia, his or her spouse and children and minor grandchildren, resident or nonresident, to hunt, trap and fish within the boundaries of lands and inland waters owned by the domestic corporation.
Persons 65 years of age or older do not need a saltwater license but must comply with the Virginia Fisherman Identification Program (FIP) requirements.
Any person not fishing but aiding a disabled license holder.

[Brian]

Jul 2, 2014 10:01:32 GMT -5 mwardncsu said:

I wonder - does a dock differ than being on the land itself? Seems like a call to DGIF would be wise to confirm if it affects anyone

As we discussed in a prior thread, the lake bottom belongs to the state... So your dock pilings are not sunk into "your" land. I bet if you call DGIF multiple times or ask different game wardens you'll get different answers. Just spend the $16 and get a license so you don't have to worry about it!

[BentRod]

Jul 2, 2014 14:57:49 GMT -5 Brian said:

Jul 2, 2014 10:01:32 GMT -5 mwardncsu said:

I wonder - does a dock differ than being on the land itself? Seems like a call to DGIF would be wise to confirm if it affects anyone

As we discussed in a prior thread, the lake bottom belongs to the state... So your dock pilings are not sunk into "your" land. I bet if you call DGIF multiple times or ask different game wardens you'll get different answers. Just spend the $16 and get a license so you don't have to worry about it!

You must be living in the last decade. Where are you finding a license for $16?!

[Brian]

www.dgif.virginia.gov/fishing/regulations/licenses.asp

"Freshwater fish in county or city of residence" $16

I figure if someone is so hard up that they can't afford the $23 statewide license, it's not likely that they'll have any gas money to travel out of their county anyway, and they certainly won't be able to make a saltwater trip!

[mytoyzfishing]

Jul 2, 2014 10:01:32 GMT -5 mwardncsu said:

I wonder - does a dock differ than being on the land itself? Seems like a call to DGIF would be wise to confirm if it affects anyone

I'm waiting to hear back from DGIF Dan was going to put me in contact with a couple of the local wardens.

[2 oars & a trash can]

The original question was posed by a family of 7 visiting from Maryland for a short week and wanting to fish with worms off the dock at their rental.
So it'd be week-long out of state license times 7. Pretty sure thats more than $16.

[Gator]

Freshwater fish statewide for 1 day** $8.00
Freshwater fish statewide for 5 consecutive days** $21.00

non-resident license fee's.

[mytoyzfishing]

Herd back from DGIF via email and still wanted some clearification so I called the regional office (434-525-7522) and talked one of the law enforcement guys (Chris Thomas)to get clearification and Im glad I did because I was able to get a little more info and find out I was partially wrong and partially right. The articale posted by the SML show is partially correct but is also partially wrong.

Here is the email responce I got back.

"Dan,
Hope all is well.
I was wondering if you could help point me to who could answer this question for me from a law enforcement side.
It has been posted an article stating that if one is renting a house on SML and the renters get written permission from the owners to fish from their dock, that they DO NOT need to purchase a fishing license. Is there any truth to that and could we get clarification.
Thanks,
Mark
Smith mountain striper club"

"Mark, Here is the response from law enforcement below. If you want to call; 434-525-7522 and ask for Tony Fisher or Chris Thomas. “Based upon the question posed below, a fishing license would be required. If he has any questions about it just have him call us. “

Since I was not really confident in the answer I got I called. Talked to Chris Thomas and here is what he explained to me.
A land owner and their DIRECT FAMILY - Are exempt from needing a liscens while fishing from their own land.
Tenant - A tenante per the responce I got was someone who was renting from the land owner on a long term basis making that property their actual residence. For instance some one who is renting the who to live in not to vacation. They do not need a liscese but do need written permision if fishing from that land.
Guest - Per the conversation I had with Chris. Someone who is renting a home short term such as a renatal vacation property who might only be staying for a week IS required to purchase a licesense.

So to the awnser to the originial question YES that family would need to purchase a license since it is not their resdience and only a guest short term. If anyone has any questions on this I suggest a call to the number above. As an excuse of "I read it on a post" wont fly in court.