Fish Thief at Lake Waubay

[FishFondler]

Kevfish,

I thought you could keep filets and clean fish of all species on the lake unless the species had a slot limit on that specific lake? If not I have to quit having great fish fries on the lake.

I am surprised a CO would give that advice and you took the advice. You have to admit that someone watching that would think the your activity is suspicious. Also did you not worry about fox, coyote, stray dogs and cats etc taking your fish? Seems like the resorts would be a safer less suspicious approach.

If I saw someone stash fish in a snow bank I would have let the CO deal with it but would likely have made the call. I can catch my own fish and would rather see a poacher get caught.

[Guest]

I have to agree with Pegleg.
I also have to ask this. Is it legal in SD to travel with a 2 day limit per person in your vehicle?

[This message has been edited by frozenminnow (edited 02-25-2004).]

[kevfish]

The law clearly states that if you sre fishing Waubay the daily limit of perch is 10 and walleye is 2 per person. The possession limit is 8 walleyes per person and 50 perch per person- also the sd handbook also clearly defines possession limit to include fish in your freezer or somewhere in a portable cooler which is what we had them in. you cannot have a possession limit on the ice
This is why after one day of fishing they were brought to shore. then the next day we could catch a few more if we wished to or if they would bite(did not bite for us too good the 2nd day) We played alot of cards the 2nd day as we were counting on taking home the fish on shore the 2nd day

[kevfish]

.

[This message has been edited by kevfish (edited 02-25-2004).]

[This message has been edited by kevfish (edited 02-25-2004).]

[Jim W]

NO personal attacks!!!!!!!!!!!!!!!!!

[ifishsd]

They were not poaching. The reason they put the fish on shore is if the CO would have checked them on the lake and they had more the one days limit they would have been fined.

You were doing the right thing.

[Guest]

I am still not understanding this, between 3 people you didn't even have the legal limit why would you bury them?

[bobber_down]

The right thing to do would have been taking your fish somewhere to clean and package them in a cooler or other storage container and leaving them at a bait shop or other location in a freezer labeled with your name. NOT stuck in a snow bank. (i.e. 2004 Fishing Handbook -- Possession Limit. The number of fish a person may have under their control (such as in a portable cooler, home freezer, or registered in their name in a commercial cold storagelocker).

If I would have seen someone doing what you did, I would have called the GFP and turned in someone that I considered to be poaching. But that's just me...

[pegleg]

I now understand there is a possession limit involved here rather than the daily limit but I think by burying the fish on shore you are setting yourself up for a ticket. What happens when you go to pick up your fish on the second day and the game warden is sitting there and you have two days of possession limit fish? What is to say you dropped one limit there yesterday (versus earlier in the day)? At least if you leave them at a bait store you have a receipt that you dropped them there the day earlier. Am I wrong on this? If I were a game warden I would give a ticket and ask questions later because in my mind buring fish is hiding them. My own opinion...

[bobber_down]

I totally agree Pegleg!!!

[merc]

Question. You get a limit one day, bury them in the snow on shore. Next day you get a limit, on your way off the lake pick up the first days limit and put them all in your vehicle. On the way off the access a warden stops you. You have two limits of uncleaned fish. How does the warden know it's from two different days? I would think a ticket might be given. Any ideas???

[kevfish]

I think it is clar-once you are off the ice or water you have a possession limit-the game wardens know this so they would not write a ticket if you picked them up after on land- I know this because i asked the warden and did what he suggested we do- If you would turn me in go ahead and do so- and see what response you get. there is no diference if they are on shore in a cooler or at a bait store or hotel room in a cooler. maybe a warden will read these posts and clear it up for you-sounds like your trying to justify what this thief did- What we did was totally legal and a true sportsman would not be out looking for someone elses fish to take. also what they were in is a cooler not just thrown in a snow bank. They were far enough off the shore so that when we picked them up we would not have to return to theice. As it turned out if we were stopped going down the road we would have had less than a one days limit so it would not have mattered. If things would have gone to plan we would have kept 20 perch the 2nd day and went home with a total of 40 perch between 3 guys- less than our possession limit. also i never said anything about burrying them on shore they were in a cooler on private land

[This message has been edited by kevfish (edited 02-25-2004).]

[This message has been edited by kevfish (edited 02-25-2004).]

[This message has been edited by kevfish (edited 02-25-2004).]

[merc]

First of all I agree what you did was legal, second I DO NOT justify what they did, third I would not turn you in. I am just curious what happens if a person gets stopped with two limits of uncleaned fish, how the warden would know they are from two days. I agree what the thieves did is terrible, especially to leave a note laughing about it. I'm just asking an honest question, especially being from out of state, if the warden would ticket a person. Good luck and don't let this stop you from enjoying fishing in SD.

[pegleg]

I am totally in agreement with Merc also. I don't think people should steal fish, but I would not do it like you did it no matter what reason. I still think you are setting yourself up for your word vs the game wardens word on when you caught the fish and I feel sorry for the game warden in this circumstance. If you are staying at a resort or hotel, at least you have a record of when you checked in (the day before) to prove you were there for two days.

[merc]

Pegleg, I didn't see your earlier post. We both have the same question. Possesion limits can really be a grey area when your driving down the road. Hopefully we are all honest looking people and the warden is in a good mood I guess. Minnesota perch possesion is the same problem, that's why I don't care for "possesion" limits being different from a daily limit. If they are cleaned vs. not cleaned may have a different view by the warden!!

[bobber_down]

So if the Game Wardens know that once your off the ice you're going to have a possession limit, what's the point of having a daily limit? If there's no way to distinguish between fish you caught yesterday and fish you caught today, what is stopping other fisherman from doing the same thing even though they may only be there for the day?

[Guest]

Though I am not a reporter or P.I. After a few calls to the South Dakota Fish and Wildlife Office's in Webster and in Sioux Falls I kinda felt like one lol.

Here is the answers I received.

Q
Is it true that a person can transport 2 daily limits of fish?

A
Yes as long as they are cleaned and packaged at the time of transport with a max of 2 filets per package. Also it is good to have them marked with type and date.

Q
Do I have to clean my first limit right away or could I possibly store them on shore uncleaned say burying them in snow or in my vehicle?.

A
No! 2 uncleaned limits of fish being transported is considered to be double the limit.

Q
What is the best way for me to store my fish when I want to go back fishing?

A
Most resorts and bait shops have freezer storage for a small fee most will give you a receipt that will tell when the fish were processed.
Or you can use a cooler but they must be cleaned and packaged and off the ice. They must also be packaged so they can be easily inspected.
Q
Is it a must to have a receipt?

A
No but it makes our job much easier.
saves a ton of questions and it gets you going faster.

Q
Have you ever recommended or ever heard of a warden telling someone to "store their fish in a snowbank uncleaned from 1 day so they can fish a second?

A
(slight laugh) mmmmm no! "We don't recommend the breaking of any fish and game laws, we only enforce the laws! People break the laws enough on their own without our help. (Both of us laugh)

(Small talk)
I read on a forum post that an angler did the burying metheod and someone stole his fish!

C.O Answer (laughing) " And they may have also saved mim a ticket!

C.O. Tip If fishing multi lakes DO NOT take any fish out with you caught previously! This is a common mistake and gets people in trouble.

So what you were doing, was in fact against the law. Next time clean them and store them properly and secure and this problem won't happen.

Thank You to the members of the S.D. Fish and Wildlife office for all of the answers and for their time.

------------------
en kala
(I fish)

[ifishsd]

Kevfish were the fish cleaned?

I'm assuming they cleaned the fish on shore and stored them. I don't think anyone would steal uncleaned fish, but it's possible.

[JAPMaster]

Is it actually written in the rule book that transported fish have to be cleaned? I would find that hard to believe until i saw it in writing. I know in MN (at least in the past) that transported fish needs to have at least a portion of the skin left on it. I have also talked to similiar informers on the phone regarding other issues and officials in the field. The informers are just that and the CO are the ones who know the law and what is actually written rather than intent.

I dont think intent should get you around being a sportsman however, after a long day of ice fishing, even if only for one day, i have always tranported whole fish.

[merc]

Hey Frozenminnow, thanks a lot for checking into this. It is good to know how the COs interpret the law. Like I stated before SD, MN, wherever, the possesion law is a gray area when it comes to transporting fish. I hope a lot of people see your post so they don't get into a jam with the wardens by doing something that they thought is OK but might not be. Thanks for report, I would think the MN perch possesion would be the same way!!! Have a great day!!!

[JAPMaster]

Frz. Minnow.

Page 37 first sentence of transportation.

"No person may transport dressed fish from the waters of this state to their residence unless those fish can be readily counted."

I did not see any verbage requiring cleaning of fish prior to transportation or storage for that matter.

I may be able to see the argument of storage later defined in the rules.

Kevfish

In my opinion, you were legal, different, but legal.

[JAPMaster]

Actually, after reviewing the storage rules, you would have only needed to identify your fish with certain info if you were publicly storing your fish. I guess i dont even see that argument.

[HoleHopper]

Jap Master,
Ive got an idier (long time in comeing, but I got one)! I think
Next time, Maybe kevfish could clean the fish. That way, it would make a lot of peaple happy! Especialy the theif!

'HERE FISHIE FISHIE'', 'HERE FISHIE FISHIE FISHIE'

[pegleg]

I agree with you again Merc on possession limits could be a gray area. Being from Minnesota, I'm not used to having daily and possession limits being different. When I go to another state or Canada I normally don't bring any back because I am tired of looking at fish after eating them all the time when I am away. I guess I don't know why you would have to take the fish off the lake then... just tell the game warden you were fishing for two days. One of the previous posts said it only has to be in a cooler. Right?

[Guest]

JapMaster
As I stated earlier
They must also be packaged so they can be easily inspected.

"No person may transport dressed fish from the waters of this state to their residence unless those fish can be readily counted."

readily counted, easily inspected is there a difference other than the words?

------------------
en kala
(I fish)