Cast nets allowed? What Radius?

[DasRottweiler]

 Figured there are sum giant golden shiners in this pond I`m gonna trap in the fall for bait. Don`t wanna "adjust" the minnow trap holes to an illegal size (larger than 1 inch). Gonna try rod n reel.  Bought a small castnet (4 foot radius) and have been practicing on the lawn (frustrating at first) . It`s actually easier to throw a larger radius castnet like an 8 footer or 10 footer. I am not sure if they are legal at any size in NH and cannot find anything stating legality at all at FnG site. The only references I can find to netting is in the 2009 New Hampshire Freshwater Fishing Digest (the lil book they hand ya with yer license),

Page 15

Shiners may be taken for personal use by licensed anglers with up to six traps not over 18" long each, with an opening not over one inch in diameter, or a circular drop net not over 48 inches in diameter; or a square net of equal area.

Page 17

Except as otherwise specifically permitted, it is unlawful to use or have in possesion a set line, net, fishing otter,trawl,grapple, spear,jack. jack light,poisons,explosives or electrical or any other device for killing or stunning fish.

  Ok, now by reading rule on page 15, it would appear that the cast net is legal if its diameter is less than 4 feet. Except a drop net is different than a cast net in that you drop the net to the bottom, bait/chum area of net and then wait and pull it after minnows move into area. The cast net is thrown over a school of minnows and pancakes a on top of em, sinking quickly to trap them in the net. As you pull the net in, it gathers on the bottom and closes the school in. Besides a 4 foot radius cast net is small and opens to an 8 foot diameter net when it pancakes properly. Much larger than allowed drop net size. I am thinking that if the word "cast net" was left out of this wording, that it is illegal by ommision?!?

Rule on page 17 states it is unlawful to have any of the listed items for the purposes of killing or stunning fish(gamefish, I presume). I have no intention of stunning or killing the bait, I wish them to be quite healthy , until  later on that is!

So I am assuming (to be on the safe side) that my cast net is illegal to use for my intended purpose of collecting bait in the state of NH. I now will attempt to find out if I get permission from the owner of a private pond, will it be legal to use there?

Latest BassMaster mag has an articale on live bait and shows BassPro Tim Horton throwing a giant chartruese cast net over a school of shad . Spots em on the Lowrance and throws the net over em. Pulls up so many he throws most of em back and only takes what he needs for the day. Shad being the target , it`s obvious that the setting is not NH. I will stick to netting the back yard until I am positive my use of the net will not jeopardize my fishing license. Any one else use a cast net , or know if it is legal?

[Thumber]

Does this help you?

TITLE XVIII
FISH AND GAME
CHAPTER 211
FISH, SHELLFISH, LOBSTERS AND CRABS
Method and Manner of Taking Fish
Section 211:9
    211:9 Nets; Traps. – A dip net held in hand may be used to assist in the taking of fish attached to a hook. A circular drop net, not more than 48 inches in diameter, or a square net of equal area, may be used for taking minnows for bait, from waters not inhabited by brook trout. Minnow traps may be set for taking minnows for bait, in water inhabited by trout, provided that no such trap shall exceed 18 inches in length, and that the aperture therein for the entrance of fish shall not exceed one inch in diameter.
Source. 1941, 126:15. RL 245:35.

[DasRottweiler]

Page 15
Shiners may be taken for personal use by licensed anglers with up to six traps not over 18" long each, with an opening not over one inch in diameter, or a circular drop net not over 48 inches in diameter; or a square net of equal area.

 Ok, now by reading rule on page 15, it would appear that the cast net is legal if its diameter is less than 4 feet. Except a drop net is different than a cast net in that you drop the net to the bottom, bait/chum area of net and then wait and pull it after minnows move into area. The cast net is thrown over a school of minnows and pancakes a on top of em, sinking quickly to trap them in the net. As you pull the net in, it gathers on the bottom and closes the school in. Besides a 4 foot radius cast net is small and opens to an 8 foot diameter net when it pancakes properly. Much larger than allowed drop net size. I am thinking that if the word "cast net" was left out of this wording, that it is illegal by ommision?!

So I am assuming (to be on the safe side) that my cast net is illegal to use for my intended purpose of collecting bait in the state of NH. I now will attempt to find out if I get permission from the owner of a private pond, will it be legal to use there?

Thanks Thumbar , but it still seems to be illegal by ommision. The next time I spot an FnG guy, I`m all over em. I`m hoping it is legal , but I fear it is not, or worse , one of them rules/nonrules that is interpreted differerntly by each FnG officer.
I would hate to to told "go ahead -cast away" and then lose my license cuz the next guy interprted the rules differently.

[Thumber]

I am sure its legal to take from the private pond, you don't even need a license to fish private ponds

[salmon stalker]

I have a drop net I use all the time for bait fish. It has to be uner a certain size as mentioned above. Nothing illegal about those and they work the balls too. Cabelas sells them if you need to grab one. You can pick up 10 dozen in one toss if they are thich balls of bait.

[DasRottweiler]

I have a drop net I use all the time for bait fish. It has to be uner a certain size as mentioned above. Nothing illegal about those and they work the balls too. Cabelas sells them if you need to grab one. You can pick up 10 dozen in one toss if they are thich balls of bait.

[quote DasRottweiler]Page 15

Shiners may be taken for personal use by licensed anglers with up to six traps not over 18" long each, with an opening not over one inch in diameter, or a circular drop net not over 48 inches in diameter; or a square net of equal area.[/quote]

 [quote DasRottweiler]Ok, now by reading rule on page 15, it would appear that the cast net is legal if its diameter is less than 4 feet. Except a drop net is different than a cast net in that you drop the net to the bottom, bait/chum area of net and then wait and pull it after minnows move into area. The cast net is thrown over a school of minnows and pancakes a on top of em, sinking quickly to trap them in the net. As you pull the net in, it gathers on the bottom and closes the school in. Besides a 4 foot radius cast net is small and opens to an 8 foot diameter net when it pancakes properly. Much larger than allowed drop net size.[/quote]

 A drop net or a cast net?  Rules state an allowable net size at 48" (4ft)  You telling me you`re throwing a 2 foot radius cast net?- I don`t even think they make em that small. Cast nets are made for the depth of water they are thrown in. 4 ft radius for 4 FOW -pancakes to 8ft / 6foot is for use in less than 6FOW, and pancakes to 12ft diameter.

 I am assuming it is a 2foot radius? You say it`s legal, then post the abstract or regulation and prove it. Anyone can say whatever they want , truth is creative interpretation of the rules and outright bending them or just assuming its legal ain`t gonna fly for me. PROVE IT.  So far all the imformation I have seen/read points to cast nets being unallowed/prohibited/illegal in anything but saltwater in NH. I would like to be proved otherwise.

[KissMyBassNH]

ive seen cast nets for sale at walmart and always wondered if they were legal to use also

[DasRottweiler]

That`s where I bought mine. but unfortunately , unless your on a private waterbody, they are illegal for use in freshwater, saltwater use only. I would like to be proven wrong!