The wife goes with me occasionally when I take my 4 and 8 year old boys fishing. She just hangs out in the boat and helps me referee things. She never actually fishes. Since she's in the boat when we're all fishing, does she need a license?

NO
as long as she does not touch the poles OR BAITS them.

lovntree

This question has come up before and I'll give the same advice as I have before. The chances of her never touching a pole are minimal, pay the 20 bucks for the license and go fishing worry-free.

Put yourself in the gamewardens shoes. He pulls up to a boat with 4 people in it and in the boat with the 4 people are 4 fishing rods. Need I say more?

the law says that if you are within fishing distance of public water with fishing equipment in your possession, you are fishing.

Get her a license and teach her how to fish.

i agree, pay the license fee and save yourself the headache. besides, you never know when you will run into a school of fish.... sure would stink for her to have to sit there and watch everyone else catch them!!!

That's good advice for sure. My wife for some reason will fight tooth and nail about getting a license. If the warden stops you he will definetly give a citation for not having a license. And it has never failed yet. I make her get the license and she finaly goes with us(just for the ride) and she ends up fishing. It is useless to resist the urge to fish. It makes her mad to pay to go once, but it's better than a fine.

Troy

It is (as ALWAYS) left up to the warden in question. Most I've talked to MUST SEE INTENT (IE, her holding the pole). They can't make a case on her being "in the area". What people forget when reading the law is how it looks to a judge or DA. She doesn't "need" a liscense.

BUT, with all the being said....get her one anyway! I hate it too.....BUT you'll never know when the warden received bad customer service at the marina that morning and is just looking for a reason to write up a ticket! Better safe than sorry is what I always say!

As printed in the TP&WD regs:

"A fishing license (see below) is required of any Texas resident who takes or attempts to take any aquatic life in the public waters of Texas (Note: All members of the U.S. Armed Forces on active duty and their dependents are considered residents)."

This is the "intent" needed. BY letter of the law, if she's isn't "fishing" she's ok. BUT, like I said, good idea to get one anyway!

Be safe, get a license, think of it as buying a season pass to an amusement park and then go often to make it worth it.. Think about it.. a fishing license cost about what you would spend to go to one movie or even less then dinner out on the town.. It is a good investment that can bring home the bacon too!