Understanding the law regarding Fish limits and Possession

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msmith5531
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Understanding the law regarding Fish limits and Possession

Unread post by msmith5531 » January 15th, 2019, 9:40 pm

I was stunned to learn something about fishing with others and the law regarding fish limits in the boat. I was educated after watching a show called WARDENS on the Outdoor Channel that aired this morning, 1/15. It was titled, Detroit River Walleye, and the camera crew tagged along with MI DNR Conservation Law Enforcement Officers on the Detroit River. It was quite an episode, and left me reeling a bit. No pun intended..... So here is the scenario, and you tell me what the answer is... I am going to use Saginaw Bay however, it is what this board covers mostly.

So two guys are fishing the bay and catch a limit of walleyes. 16 legal size fish, in season, both have fishing licenses. At the dock, while loading the boat on the trailer, the DNR CO's inquire about your catch and you report the truth, happy about your great day, a limit catch, and volunteer that one guy caught 1, and one guy caught 15. You are confident you did nothing wrong. ... He measures them, and they are legal, although one is exactly 15 inches. What does the Officer say in return, legal or illegal regarding the day's haul?

This is not a trick question, not trying to be clever. Just a routine scenario however in the reality show it happened. The answer shocked me. If you don't know, and fish, you need to know to stay out of Legal Jeopardy.

I will post the answer tomorrow or sooner if someone nails the answer.

Mark S Swartz Creek

TITLE:
Season 7, Episode 27
August 27, 2018
Warden's - Detroit River Walleye
Conservation Officers patrol fishermen and women on the Detroit River on the border between Michigan and Canada during the spring spawning run for walleye.

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Unread post by sagbay » January 16th, 2019, 1:06 am

One fisherman is over limit. banghead
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msmith5531
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Unread post by msmith5531 » January 16th, 2019, 2:41 am

That's exactly right. One guy is over. You can only keep the fish you actually catch. So I have so many questions, is it that way on a charter boat? What If a person is helping fish, driving the boat, does that count? Now, I don't know if they were trolling or jigging. Seems clearer to me if they were jigging, but if two guys are working together to catch fish, but don't necessarily ACTUALLY pull the fish into the boat, that doesn't count? wow.. I just don't think that is widely known. Important to only keep the fish you actually catch. What about a mess of perch with a partner. How do you sort that one out? Sigh. LOL. Just wondering........

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Chamookman
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Unread post by Chamookman » January 16th, 2019, 4:04 am

Over limit ! Just like You have three Men in a boat trolling. They are one Fish short of that 3 man limit. they are trolling with a 6 rod set-up - violation ?
Bass - A fish for People that can't catch Walleyes !

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msmith5531
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Unread post by msmith5531 » January 16th, 2019, 5:46 am

Over limit if they didn't catch their own fish. I just know, you can't go by the number of licenses in the boat. At least that came through very clear on that episode of the show I referenced. The limit is very strict to the person holding it, can't be a team work thing. Not legally anyway.

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Unread post by Keith » January 16th, 2019, 7:34 am

Illegal. One guy caught more than is limit.

386xf
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Unread post by 386xf » January 16th, 2019, 9:05 am

i often think about another scenario. Boat owner meets buddy at the ramp in a seperate vehicle. They come in with two man limit in boats livewell. Buddy gets in his vehicle after to go to eithers house to clean fish. Boat owner gets pulled over by CO guess who is over limit. How many people could that happen to ?

About the trollling question with 1 fish to go who really pulls in 3 rods. Sometimes if I have two guys in boat and we are close to limit or want to fish longer truthfully i will only keep 14 in the livewell and continue to fish that way. If we throw back a few and end up a fish or two short at the end of the day not a big deal with fishing the Bay..

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Unread post by capt.dan » January 16th, 2019, 10:23 am

I wont tell you about having 6 rods in when all you need is one more fish for 2 guys. Suffice it to say, many States still have a no spitting on the side walk law.
Not everyone will agree with, understand you, like you, appreciate your character, personality or politics. Not even a few benefiting from your knowledge and/or generosity. But stay true to your beliefs and convictions.

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msmith5531
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Unread post by msmith5531 » January 17th, 2019, 12:53 am

386xf wrote:
January 16th, 2019, 9:05 am

About the trollling question with 1 fish to go who really pulls in 3 rods. Sometimes if I have two guys in boat and we are close to limit or want to fish longer truthfully i will only keep 14 in the livewell and continue to fish that way. If we throw back a few and end up a fish or two short at the end of the day not a big deal with fishing the Bay..
The number of rods, the catch and release was not the issue, the issue was, one guy caught 9 fish, one guy caught 1, they had two licenses. The CO cited the guy that caught 9, because you can only keep the max limit of fish YOU CATCH, and 9 is way over, he explained there is no combining license limits. That is what floored me and I had to ask if people knew this, bc I did not. If you can find the show, or eventually it might be ON DEMAND, it was something to see. That fisherman was shocked he was getting a ticket for that, I would like to know what happened when he went to court, if he did challenge it. The CO cited him based only on the their volunteering the information, but that is for another discussion. I do wonder, if driving the boat is considered fishing when trolling. Have to look at the law and definitions. I would think if you DIDN"T have a license and were driving the boat and someone was catching fish, you might be in jeophardy. But I digress. The point made in the show was one license allows one limit for one guy/gal, 1, 2 or 3 rods whatever. You can't have a "party" boat arrangement and combine your catch with your friend, not legally anyway. You are not working together towards a limit is another way to say it. Try and catch the show sometime, or maybe it will be on line, dunno. Seeing it in a show is more understandable. Bound to be rerun again.

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msmith5531
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Unread post by msmith5531 » January 17th, 2019, 12:58 am

capt.dan wrote:
January 16th, 2019, 10:23 am
I wont tell you about having 6 rods in when all you need is one more fish for 2 guys. Suffice it to say, many States still have a no spitting on the side walk law.
In this show that I am referencing, they fished with legal methods, that wasn't the issue. The problem apparently happened when one guy didn't STOP keeping fish, when he had 5 or whatever the limit is on the Detroit River. He kept going because he thought they could keep 10, (with two guys in the boat.) NOT. He could have caught and released however. The enforcement action taken seemed to me strict. I wonder if that was because the camera was rolling, dunno.

386xf
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Unread post by 386xf » January 17th, 2019, 5:15 pm

Yeah msmith i know what the original post was about i get that. I was referring to Chamookman other comment/question about trolling with 1 fish to and 6 rods in the water technically a violation right one guy is done cant share fish.

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Unread post by Nelsonr10 » January 17th, 2019, 5:46 pm

Guy #2 can still fish and do catch and release, or he may have a limit of Walleye but now fish for Bass or pike. I've gotten my limit of Walleye too quickly and switch to trying to catch some Northern Pike or Crappie.

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msmith5531
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Unread post by msmith5531 » January 17th, 2019, 8:25 pm

386xf wrote:
January 17th, 2019, 5:15 pm
Yeah msmith i know what the original post was about i get that. I was referring to Chamookman other comment/question about trolling with 1 fish to and 6 rods in the water technically a violation right one guy is done cant share fish.

Copy that.....anyway, what bothered me, is a guy needs to know, that could be a real problem...... thanks for the reply. I needed to get that subject off my chest. lol... if you get to see the show sometime, the drama was real.

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