Question juridique clé
Whether fishing or attempting to fish without authorization is punishable even if no fish are caught.
Solution extraite
Yes. The offense is complete once a person without authorization uses or attempts to use a fishing rod for fishing; the result is irrelevant.
Motifs extraits
Under the cantonal fishing act, the offense is a pure conduct offense. By using a rod objectively suited for fishing at a fish-bearing water, the accused engaged in conduct that already fulfilled the statutory offense; the claimed lack of success does not matter.