[BitWielder1]

I am not a fisherman, but I thought that when you catch a fish that is too small, that you are supposed to throw them back...

Yes, you're supposed to throw them back right away. Alive.
If you wait until you're caught, then it's to late. Then they are evidence.
If the fish are dead then there's no point throwing them back.

[longfellowsmuse]

Of course