Targeting out of season species

[bicfishing]

where in the regs does it say that you are REQUIRED to move.i read through them and did not see this any where.

[chief]

The regs. book, and DNR HSOforum, are synopses of all applicable statutes. They don't, and couldn't, contain all applicable info. MN statute 97A.015 subdivision 47, clearly includes "pursuing" in it's definition of illegally "taking" game fish.

I don't know what the magic number is, but if a CO sees you take X number of closed season species--you're guilty. You're guilty because it's your responsibility to know what "pursuing" means, and you're guilty because you didn't stop your pursuit in that particular spot. Your only options in such a case are to stop fishing, or fish elsewhere.

[bicfishing]

pursuing means you show intent to take this fish or animal, look it up in the dictionary. statute still does not say you have to move.and yes i went and read it. as stated before by others you would have to say you intended to catch them

[chief]

I see. All those folks who've been ticketed for fishing for a closed species came clean there on the spot and admitted their intent? Likewise, CO's released all others who swore they had no intent? Gee, sportsmen are the greatest.

[DTro]

Still waiting to hear from 1 person who was convicted of targeting a fish out of season.

Heck, still waiting to hear about a ticket written...

[DrJuice1980]

DTro, you're pretty educated on the regs so I have a question for you. With all the regs about out of season species, are you allowed to legally take pictures? I thought immediate release means immediate release. Am I wrong with that one?

[DTro]

They made it very clear a few years back. Taking a picture is perfectly legal.

[James_R]

I don't know what the magic number is, but if a CO sees you take X number of closed season species--you're guilty. You're guilty because it's your responsibility to know what "pursuing" means, and you're guilty because you didn't stop your pursuit in that particular spot. Your only options in such a case are to stop fishing, or fish elsewhere.

Luckily for us COs don't assess guilt; they only issue citations, summonses and temporarily seize wildlife or property until a final disposition can be made. Only defendants, judges or juries can determine guilt. Where are all of these fishermen who've been convicted of illegally targeting a closed season species? Maybe I don't get out much but I've never met anyone who has.

[Eric Wettschreck]

Interesting topic and like Dtro said, it comes up every year.

Most of February I fished the same spot on the same lake with the same presentation. It was either a plain Jane crappie minnow on a red hook or an OPS Flutter Jig with a minnow. I caught pike, crappie, perch, and walleye. When walleye season closed there was a wagon train of wheel houses leaving the lake. The following Saturday I was the only person on the lake until aboot 5 pm. Once again, I was on the same spot using the same presentation. Guess what I caught, pike, crappie, perch, and walleye. The crappies and perch went in the pail and the pike and walleyes went back down the hole.

Yesterday a friend and I hit a different lake. Guess what I used.....an OPS flutter jig and minnow. Guess what we caught.....pike, crappie, perch, and walleye.

I'm guessing many of yous are asking,"Dude, where ya goin with this?" Well, a couple areas.

1. Putting a minnow on a jig and dropping it in a lake in March is not targeting pike, but I caught them anyway, and just tossed em back. Big whoop.

2. As Dtro stated, iffin the worry is to protect the spawning fish, make the season from late Feb to early May CPR only. I'd love to see this cuz if you've never had a chance to target ice out pike you really have to try it. It freakin rocks.

3. If ya want to put a minnow on a jig, drop it in the water, and catch some perch the day before the allmighty opener I say go for it. Personally, I hope you have a ball and there's a good chance I'll be doing the same.

4. I know there are many people who enjoy the opener. I personally feel it's so laced in Minnesota tradition, and I'll say it.....dollars, that there will never be a Feb to May CPR season. Walleyes = $$$$$ in Minnesota.

[chief]

Dtro and James R,

I did make a poor choice of words. Instead of using "you're guilty", I should have written "you're a violator". It's more descriptive.

As for neither of you having much personal contact with these violators, well...they probably just forgot the requirement to check in with each of you. Dtro, if you provide your home/work address and your hours of operation, you can start hearing confessions tomorrow. James R, If you'll do the same, you can arrange a nice get-together up north. Doing these simple things will give both of you the violator contact you seem to crave.

[eyeguy 54]

I like ND fishing rules... lol

[TruthWalleyes]

Thanks for taking me out Eric. Good times.

[h8go4s]

Good one, Chief.

And to add my 2 cents, this is another one of the many regulations that are such a mix of politics, money and biology that logic is absent. That's the world we live in and it won't change. Personally, I limit my spring fishing to panfish (border waters excluded) but certainly catch other game fish in the process. If I were catching nothing but out of season game fish, I'd either change location or presentation, but that's a personal choice. Might not be the letter of the law, but the spirit of the law is what I try to conform with in this case. No need to be the guy the CO's are watching out for. No need to be getting the stinkeye from other fishermen.

[DTro]

This site has almost 60,000 members and easily the most visited fishing site in MN. I'm only asking for 1 confirmation of a conviction.

I'm asking not for my own personal knowledge or satisfaction, but rather to prove a point that the cases are just so few and that catching fish out of season and releasing them is just SO much ado about nothing.

For Gods sake, just let people go out and enjoy themselves and then write them a ticket for possessing an out of season fish if they have one. Its very simple. Make it so that if you want to go catch a Bass or Pike or Walleye, go for it, you just don't get to keep it.

and again, if the law is there to protect spawning fish, please explain the early Bass opener up North? Oh I forgot....we have to limit this discussion to walleyes because that all anyone cares about

[eyeguy 54]

.

For Gods sake, just let people go out and enjoy themselves and then write them a ticket for possessing an out of season fish if they have one. Its very simple.

but that's what makes it so difficult, it's too simple a solution..

[itchmesir]

Being south of Pool 2 is so nice... Rules?... We don't need no stinkin' rules

[Fisher Dave]

and again, if the law is there to protect spawning fish, please explain the early Bass opener up North? Oh I forgot....we have to limit this discussion to walleyes because that all anyone cares about

Your asking a question I doubt any of us know, and can only speculate. Ovbiously none of us really gave it a whole lot of thought or concern or there would be no shortage of response to it. Smallmouth are also catch and release only from late fall to the close of the season.

I dont like to be the devils advocate here Darren but I can totally see a serious problem with enforcement and poaching if we could target gamefish everywhere for catch and release during spawning periods. Too many people have the inability to resist temptation.

The way the law is written now at least keeps the majority from going out and targeting out of season species and its far less to enforce, and far less poaching.

Weve all seen people keep fish out of season that spend any amount of time on the water. How much more frequent will that be if everyone was out there fishing for them vs a couple?

I agree with how the law is written now on most common gamefish species. Its not perfect, but perfect doesnt exist.

On the other side of the spectrum we have those other species like Sturgeon that we need some change to allow angling opportunity, but until then we have channel cat fishing and general worm dunking.

[TruthWalleyes]

Poaching is easy to find guilty. Out of season targeting is not.

Your logic, we should outlaw alcohol so people are less likely to drink and drive.

I say catch and release year round. Maybe a one month period where spawning occurs...but then were just back to the age old argument of targeting out of season.

I'm not against sturgeon through the ice on the croix. But, as it stands, their not in season...you ever want to find me between September through mid October, I'm drowning Shad and worms...oops, did i say Shad

[Nhamm]

I remember seeing this thread some time ago and recently found out that my father who has told me on the past that he got a ticket for out of season I figured it was around 30yrs ago much like the rest of his stories. Well it was only 2 yrs ago and he was at the coon rapids dam in the spring. Had a beetle spin on casting for crappies and got a couple smallies and the CO was watching him from afar, came over and handed him a ticket. He always gets upset when it comes up and now that I know the story I would be upset too.

[fishnowworknever]

Nhamm - I would have fought that one big time.

chief - You're wrong. A CO may suggest that you to move, but do you have to? No.

If person A is fishing down stream from Person B and they are 20 yards apart, person A is catching white bass and person B is catching walleyes using the exact same presentation...where are you going to go? I'm not moving from that spot because those white bass may just move up stream to me in the next 5 minutes.

I think it's really funny how some of you make up rules and regulations how you see fit. Don't give out information unless you have some way to back it up.

So until it's stated in the regulations that you have to move from your location if you catch an out of season fish or two, within 5 minutes of each, or 30 minutes or 45 minutes...or whatever magic number they come up with, you get my point...you're wrong.

My source: MN Fishing Regulations 2013

[Down Deep]

I've done plenty of pre-walleye season fishing for other legal species and have caught plenty of out-of season fish like small & large mouth bass, walleyes, and northern. When that happens I promptly release the fish and keep fishing. On occasion I have started pounding the walleyes. I usually relocate when that happens. For me ethics and understanding why the seasons have been established is the main driver of my actions, not the fear of the law. If for some reason I should get a ticket for fishing as I described, I'd gladly go to court to defend myself.

Over 40 years of fishing I've encounter CO's many times and I have yet to find one that wasn't respectful and reasonable. I've had a couple of minor violations discovered during safety or fish inspections and have been given a warning and told to correct it. The only ticket I've had was for not having an up-to-date license for my ice tent. It was March 1st and had stopped and bought a new fishing license, but never thought about the fish house. Once again the CO was professional and actually apologized for giving me the ticket, but said he had to issue it. I never forgot again. Glad they finally got rid of that stupid tent license fee.

[RumRiverRat]

if you are fishing perch with a 1/4oz jig yea

How is using a 1/4oz jig for perch targeting walleyes?

I was waitin for this thread to pop up.

Hard to issues a ticket for targeting a species out of season, way to subjective.

If a guy only has 1/4oz jigs he cannot fish for perch? Where does it say that in the regs?

[Sonicrunch]

I think the out of season law only keeps us honest people from breaking it.

Us honest people are the vast majority, so the law does have a good effect. Of course, there are the bad apples, but...

[dan z]

The only thing I frown upon is someone throwing a shallow running crank bait.

A 1/4oz lead head is deadly on those pisky channel cats

[TruthWalleyes]

The only thing I frown upon is someone throwing a shallow running crank bait.

Uh...Great for catching Crappies