Targeting out of season species

[Maverick]

There is not a big enough bat to kill this dead horse. Even in the face of facts there will always be someone that is sure of their position. MS. 6262.0100 GENERAL RESTRICTIONS ON TAKING FISH: Subp. 5.Possession of fish while on state waters.

A.Fish that are taken by angling and not immediately released into the water after capture are considered to be in possession. Once a limit of fish has been reduced to possession, no culling or live well sorting (the act of replacing one fish with another one) of that species is allowed.

B. A person shall not angle for, including catch-and-release, or reduce to possession any species during its closed season. (emphasis added)

C. Once a person or persons fishing as a party as provided in Minnesota Statutes, section 97C.317, retain a daily limit for a species, all fish of that species that are subsequently taken must be immediately released into the water after capture.

Try as I might, I could find nothing with regards to "Targeting fish after a limit is reached". If that wording exists in statute or in the regulations I wish someone would post it or direct us to it.

If it was illegal to "Target Fish after a limit is reached" surely it would be in this section. Since subd. C explicitly states that "all fish of that species that are subsequently taken must be immediately released into the water after capture" it would lead a logical person to the conclusion that you don't have to stop fishing if you have reached your limit.

I think many scenarios and stories get confused by who is asking the question and how it is asked. That along with the CO trying to interpret what is being asked might lead to misinformation.

After reading this statute if you are still convinced, then please leave the lake and make more room for the rest of us.

[Markula]

I think people are getting confused by this quote: "Possessing Fish

• Daily and possesion limits are the same unless otherwise noted. Fish are in an angler’s possession whether on hand, in cold storage, in transport, or

elsewhere."

On hand in this instance does not mean the "7th walleye" you just reeled in, it means the 6 you already have in the livewell. You are only in possession of that "7th" fish if you a) put it in your livewell or cooler or c)hidden storage in the boat or d) trunk of your car, etc

A CO told me this is how he "interprets" the law. This was several years ago. I suspected he was incorrect, and after reading all of MN's wildlife statutes, I realized he was wrong. Most CO's are like fishernan...they believe what everyone else believes whether it's right or wrong, and most of them are not students of the law. They make errors as much as anyone else.

This is precisely why it's best to learn MN's wildlife law...always be one step ahead of enforcement.

[Markula]

What if you have your six fish and keep targeting them and kill one? Say blow it's bladder, exhaust it to death, gut hook it bad and it floats when you release it...

Not that I agree here with the law but that's what it states.

What about Catch and Release only fisheries???

[Markula]

EXACTLY!

[ClownColor]

Quote:

It's not the law if you just make it up. Again show me in the regulations were it says that I can't continue to fish for a fish that I already have a limit of and I'll eat my crow.

Open mouth insert crow...

email the DNR or call them right now. you'll get your answer soon enough. Seriously, do it.

I could care less if I'm wrong. In fact, I hope I am. I'm not making up laws, I just read the books and talk to CO's that enforce the laws.

I'd love to hear your response from the DNR.

In fact...why doesn't everyone reading this do it and see if they get the same response that us people that have already emailed or talked them have gotten....which makes it illegal. And be sure to call it the Clowncolor law since I made it up...they'll know exactly what you are talking about. LOL

[ANYFISH2]

Clowncolor, please refer to mavericks post of the the actual statute a few posts up.

A CO's interpretation is just his own, not neccessarily the letter of the law, LEO's make mistakes like everyone.

[ClownColor]

Clowncolor, please refer to mavericks post of the the actual statute a few posts up.

A CO's interpretation is just his own, not neccessarily the letter of the law, LEO's make mistakes like everyone.

I agree with everything he listed. Here's page 20 of your fishing regulations as I posted before and what the CO is going to tell you when he's writing your ticket.

Any fish that is caught and will not be utilized must be immediately returned alive back into the water. A person cannot wantonly waste a fish that is

caught by leaving it or any usable portion on the ice, thrown up on the

bank, or intentionally killing it and returning it back into the water unless authorized.

The CO will state that you can't guarantee you won't accidentally kill the next fish you catch. And per that law, listed above, you can't place a dead fish, (within legal requirements) back into the water or its considered wantonly waste. In fact, technically, any fish you kill(if it's legal to do so, meaning in season and size), must be kept or you "can" be fined PER THE LAW.

I get it sucks. I also get it doesn't make sense when you could catch a fish too big, in slot restrictions, and if it died, you'd have to throw it away cause it's illegal to keep fish that big.

Do laws always make sense? No-but what if you have your limit, use tip-ups and gut hook the next 30 walleyes? Or Pike? The rules have to cover all fishing styles, season, species and so on.

Like I said, I could care less what everyone does if they have their limit. I could care less if people intentionally target bass before it's open. I'm know dummy and know nothing bad is probably going to happen to the fish.

I'm just saying what is going to happen when you get caught "admitting" to fishing for walleye when your livewell is full. I'd argue with them as well as the rest of you.

[ClownColor]

Quote:

What about Catch and Release only fisheries???

Simple...catch and release trumps keeping dead fish. Why? cause it's a catch and release only fishery. You can't keep ANY fish dead or alive.

[jerkin'm]

I'm know dummy and know nothing bad is probably going to happen to the fish.

That is just plain funny....

[ANYFISH2]

Any fish that is caught and will not be utilized must be immediately returned alive back into the water. A person cannot wantonly waste a fish that is

caught by leaving it or any usable portion on the ice, thrown up on the

bank, or intentionally killing it and returning it back into the water unless authorized.The CO will state that you can't guarantee you won't accidentally kill the next fish you catch. And per that law, listed above, you can't place a dead fish, (within legal requirements) back into the water or its considered wantonly waste. In fact, technically, any fish you kill(if it's legal to do so, meaning in season and size), must be kept or you "can" be fined PER THE LAW.

Just for argument sake I highlighted a few key words. If you immediately return the fish to the water, you have no idea if that fish with survive or die, ever. that is not intentionally killing a fish and then returning it.

I totally understand where you are coming from but I have to dissagree. I will be e-mailing the DNR like you asked and having them prove in statute that it is illegal.

[Grum]

[raymondk]

Bull!!!!

[Search Function]

Also we have party fishing in this state. You didn't have your limit until everyone in the boat did.

Oops didn't realize I wasn't on the last page of this thread when I commented.

[ClownColor]

[ClownColor]

Quote:

Just for argument sake I highlighted a few key words. If you immediately return the fish to the water, you have no idea if that fish with survive or die, ever. that is not intentionally killing a fish and then returning it.

I totally understand where you are coming from but I have to dissagree. I will be e-mailing the DNR like you asked and having them prove in statute that it is illegal

Good point, but I think that little word beginning that sentence "or" may disagree. a couple sentences ahead of that end with a period, talking about return fish alive.

Okay, it's been fun and that's what these forums are all about, agreeing to disagree.

I simple ask people to email the DNR and see what you get for a response and post it back here. I've done it and know others on here have as well.

Good luck and have fun!

[amateurfishing]

I do have to state IMHO it is a very sorry state of mind when an individual angler "insists" on fishing C&R when known said limit has been taken. I for one would hope and want to believe that as anglers we would be above this pettiness and not for the CO or DNR to attempt to define "intent" or other gray words when enjoying time on the water. Regardless of what one's answer to that type of question may be, the angles is intentionally knowingly and willingly potentially putting fish in harms way if that scenario plays out and just a dang shame that someone has to act that way or mislead the CO when out on patrol. Its the very situation and scenario that we have all of these laws (& some quite ridiculous ones cause someone always has to "test" the system)

[Kyhl]

I agree with everything he listed. Here's page 20 of your fishing regulations as I posted before and what the CO is going to tell you when he's writing your ticket.

Any fish that is caught and will not be utilized must be immediately returned alive back into the water. A person cannot wantonly waste a fish that is

caught by leaving it or any usable portion on the ice, thrown up on the

bank, or intentionally killing it and returning it back into the water unless authorized.

The CO will state that you can't guarantee you won't accidentally kill the next fish you catch. And per that law, listed above, you can't place a dead fish, (within legal requirements) back into the water or its considered wantonly waste. In fact, technically, any fish you kill(if it's legal to do so, meaning in season and size), must be kept or you "can" be fined PER THE LAW.

I get it sucks. I also get it doesn't make sense when you could catch a fish too big, in slot restrictions, and if it died, you'd have to throw it away cause it's illegal to keep fish that big.

I would say that CO was being an arse and I will see him in court where he will receive the a corrected understanding from a judge.

One accidental dead fish out of 20+ is not wonton waste.

That said, it is not an issue for me because I almost never keep fish anyway. I've caught at least three limits of crappies and thee more limits of walleyes on two trips and have kept zero. So there.

[CaptainMusky]

I've caught at least three limits of crappies and thee more limits of walleyes on two trips and have kept zero. So there.

By the interpretation explained in a few posts here wouldnt that be considered "wanton waste"?

[Craigums]

Even in the face of facts there will always be someone that is sure of their position. MS. 6262.0100 GENERAL RESTRICTIONS ON TAKING FISH: Subp. 5.Possession of fish while on state waters.

QFT

[TruthWalleyes]

I do have to state IMHO it is a very sorry state of mind when an individual angler "insists" on fishing C&R when known said limit has been taken. I for one would hope and want to believe that as anglers we would be above this pettiness and not for the CO or DNR to attempt to define "intent" or other gray words when enjoying time on the water. Regardless of what one's answer to that type of question may be, the angles is intentionally knowingly and willingly potentially putting fish in harms way if that scenario plays out and just a dang shame that someone has to act that way or mislead the CO when out on patrol. Its the very situation and scenario that we have all of these laws (& some quite ridiculous ones cause someone always has to "test" the system)

\

So your saying that i need to go fishing for the sole purpose of harvesting my limit and then stop fishing once i have my limit, and go butcher them. I can't just go fishing with the intention of releasing my fish - since im putting them in harms way and all.

I should have butchered the flathead in my avatar, what was i thinking...it could have died after i released it!

[fishnowworknever]

I do have to state IMHO it is a very sorry state of mind when an individual angler "insists" on fishing C&R when known said limit has been taken. I for one would hope and want to believe that as anglers we would be above this pettiness and not for the CO or DNR to attempt to define "intent" or other gray words when enjoying time on the water. Regardless of what one's answer to that type of question may be, the angles is intentionally knowingly and willingly potentially putting fish in harms way if that scenario plays out and just a dang shame that someone has to act that way or mislead the CO when out on patrol. Its the very situation and scenario that we have all of these laws (& some quite ridiculous ones cause someone always has to "test" the system)

I understand what you're saying, but it's really no different than me being one shy of my limit and continue to C&R all day long until I'm ready to go home, then keep that last one. You can call me whatever you want, but I'd rather C&R all day long and keep one or two at the end of the day...and I think most on here would agree with me.

[Grum]

Glad everyone seems to be in good spirits and have their sense of humor intact. Love to see a vid of DTro's dog while someone reads the regulations on this subject.

Hope everyone has a fun Memorial Day weekend. Stay safe and free. Don't forget to raise a Flag, or a glass and tip your hat to those who made it possible.

[CaptainMusky]

Hope everyone has a fun Memorial Day weekend. Stay safe and free. Don't forget to raise a Flag, or a glass and tip your hat to those who made it possible.

THIS is something I hope we all can agree on.

[DTro]

 

When I do decide to keep a limit of fish, I’m usually selective in size especially when the bite is good.  But doggone it if the bite is sensational and I happen to have kept a limit already and I’m not really ready to go home yet,  you can rest assured I’ll keep on fishing and throwing them back.  If its against the law, well so be it.  I enjoy cruising down the highway at 80 sometimes too.

 

Remember tickets can be written for just about anything, a conviction is another story.  I’ll take my chances.  Its kind of like turning left against a red arrow at 2am with nobody in sight.

 

This thread sure has evolved from targeting out of species fish, but thankfully in a couple of weeks, just about everything will be fair game and nobody will give a rats a55 until next year

[amateurfishing]

Happy Memorial Day weekend all, be safe & fun.

Sorry for not wording my post properly. I was trying to explain he was "intentionally" trying to deceive a CO (or at least that's how I read the post) by saying 1 person fishing for eyes, 1 for pike, etc. when in the end it did not even matter because as a group they had not met the limit for 3 ppl yet.

hope to see some of you on the water @ mille lacs on south side by father Hennepin...give me a honk, waive, middle finger, whatever I have a 16ft crestliner Nordic explorer blue.....

good luck