Is Fishing Without a License a Crime in Texas?

Is fishing without a license a crime in Texas? It’s a common question. The Texas Parks & Wildlife Department publishes the many fishing rules and penalties that apply to residents and nonresidents fishing in Texas, and many sections of the Texas Parks & Wildlife Code pertain to fishing.

Under the Code, it is unlawful to fish on public water from private land without a fishing license. Fishing licenses are required of anyone who fishes in public waters in Texas, with some exceptions.

Penalties for Fishing Without a License in Texas

While fishing licenses are generally required, the penalties for fishing violations are sometimes minor. In most cases, people caught fishing without a license are fined less than $500. In those cases, it usually makes more sense to pay the fine than to hire a lawyer to fight the charges. However, it is important to pay the fine or resolve the issue. Failure to pay a fine can be considered a misdemeanor.

But, not all fishing violations are minor. The penalties can be steep when people fish for commercial purposes without a license, or when they fish rare and protected species of fish. Class B misdemeanors can lead to up to six months in jail, Class A misdemeanors can lead to up to a year in jail, and felonies can lead to up to two years in jail. Fines can also mount into the thousands of dollars.

Exceptions to the Fishing License Requirement

In some cases, you may not need a license to go fishing in Texas:

  • People under the age of 17 do not need a fishing license. The law encourages kids and teens to learn to fish at no cost.
  • Visitors to Texas State Parks can fish without a license. However, they must be within the boundary of the state park, and not all Texas parks are state parks.
  • People with intellectual disabilities may fish without a license. Fishing must be part of medically approved therapy, and the person must be accompanied by staff and carry authorization. People with intellectual disabilities can also fish under the supervision of licensed anglers who are family members or who have permission from their families to take them fishing. To do this, a doctor’s note is required.
  • People fishing on private land do not need a license. No license is required when fishing from a stock tank or other private body of water. However, if you are transporting the fish, you should carry documentation about where they came from. It is also unlawful to fish from private land into public waters without a license.

Get Legal Help After a Fishing Violation

If you have been accused of a fishing violation, call 817-678-6771 or send us a message for a confidential consultation with the Fort Worth lawyers at Lee and Wood, LP.  We have extensive experience defending people against wildlife crimes, including fishing violations.

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