Angling to Throw Law Back

Led by a Huntington Beach assemblyman, weekend fishermen are fighting to change an obscure state rule that requires them to wear their fishing license above the waist.

A minor inconvenience, perhaps, but told as a fish tale, it grows into a major source of complaint.

“Why don’t lawyers have to wear their license?” said Republican Assemblyman Tom Harman. “Drivers don’t have to have the license on the roof of their car. No one has to do this except fishermen.”

Harman, as many might guess, is a fisherman; his passion is fly-fishing for bass and trout. The rule hasn’t produced a significant increase in license revenues since it went into effect in 1994, he says, and his line gets tangled in the darn thing.

Taylor Truett, 17, who spear-fishes off Laguna Beach, also thinks the rule is overkill.

“I never wear my license when I spear fish,” he said. “What are you supposed to do, take it in the water?”

Fish and Game adopted the rule after two studies showed that up to 40% of the state’s recreational fishermen were not licensed. The rule was aimed at raising the number of licenses sold but at 2.2 million sold in 2000, the number has actually decreased over the last several years.

It certainly doesn’t exist for the game warden’s convenience, said Robert Traenor, executive director of the Fish and Game Commission.

“Even though they have something displayed, the warden still has to check to see if it’s a valid license with all the appropriate stamps,” he said.

Fishing without a license--which costs about $30 a year--carries a mandatory fine of $680.

There is no mandated fine, however, for not displaying the license above the waist--worn on a chain around the neck, or pinned to a hat or shirt. Game Warden Lt. Dave Gardner said that although 15% of fishermen do not comply with the rule, “We do not cite for that, unless it’s a repeat offender.”

Frank Selby, co-owner of His and Her Fly Fishing in Costa Mesa, said he can’t see what the big fuss is about. The rule is easy to follow.

“The only people who wouldn’t like it would be people who are breaking the law,” he said.

The state Fish and Game Commission is holding a series of hearings on this and other issues in the coming weeks, and if it does not rescind the rule, Harman said he will introduce a bill to kill the rule--again.

Harman has already lost one round in his fight when a previous bill died in the Appropriations Committee in May.

An analysis estimated that it would cost the state $400,000 based on unsold licenses if the bill was approved.