legal?

[shamalex72]

We were talking at work today about this and nobody really knew for sure what the answer is.

Let's say you were fishing for walleyes and you catch a small one. While reeling it in, a musky, or northern grabs it thinking it's an easy meal. You manage to net the walleye and the fish thats latched onto it. Is it legal to keep that second fish?

[Dave B]

No.

[riverrat56]

Why not?

[CrappieJohn]

Whether intentional or not, it was taken on an illegal bait.

[Jackpine Rob]

Casting rapalas for walleyes one evening, and hooked up a decent walleye. While pulling him in "BAM" "zzzzzzzzz" and what do you know - a fairly substantial haukki grabs on.

Upon getting them into the boat, both were hooked on the rapala (a silver/black no. 11), with the walleye's head inside the northern's mouth.

Was the northern after the walleye? Was she trying to grab the rapala? A guy could make a legitimate argument either way!

Northern went about 17-18 lbs., and was tossed back. The walleye was about 1 1/2 lbs. and went on the stringer.

[Cooter]

In WI if the 'bait' fish is legal you would be OK, cuz you can use any fish for bait as long as its legal. For example, if the min for walleye is 15" and you got one that big you can rig it up as bait - it does count as part of your bag limit.

[not_nuf_time]

I don't know the answer to your question. But, since your my leading info on Alex, wondering what you've heard about success the last couple of days.

[shamalex72]

sorry, but I can't help you out much. we were up in Canada last week and I havn't been out around here.

[Pig_sticka]

I would say it is not ok, I know anything like that in tournaments they have to let the fish go. But hey nobody is really gonna rip you down for keeping a fish that attached onto another fish, thats just an express lane for fishing

My dad (sloopjont) once caught 2 4# bass on a rapala. Both were hooked with a different treble hook and in the mouth at that, to me that would seem like a legal catch.

[SCCO9803]

Here's another one for you. Say you go out on Mille lacs at 9pm tonight, 7-15-05. You catch a limit of walleye before 12am. Now it's 1205 am, technically 7-16-05, can you continue to catch another limit? What if you fish all night and pull into the landing and the warden is there and you have double the limit, however they were caught legally? How do you explain that one?

[Eric Wettschreck]

Daily limit is also possession limit. This includes what you have in your freezer also. So, if you have double the limit yous gonna get a butt chewin and a rather large fine.

[Ole1855]

SCCO,

The law is stated as possession, take a look at it this way, if you have a limit at home in the freezer and you go out and catch ONE walleye, you're illegal. You can only have one limit in your possession, it doesn't matter if you caught them on different days.

Ole

[Walterwontfalter]

If you, for example, are using a slip bobber and a fathead minnow to catch the walleye and the Muskie or Northern comes and takes the walleye, how can you be accused of using an illegal bait. The fathead is the bait you were using, which is legal. You just caught two fish on that one bait. I'd like to see the opinion of about 5 or 6 different game wardens on this. I wonder if they would all come to the same conclusion?

[Dave B]

You can only have one hook, walleye cannot be bait, fish must be taken by hook and line, NOT netting.

So the only way that I can see legally taking 2 fish at once is on the boarder waters where you can use more than one bait per line OR if 2 fish get hooked on different hooks of a single crank bait or stick bait.

Unless that 2nd fish has a hook in its mouth, it is not a legal fish. It doesnt matter if the 1st fish is a walleye, sucker or bullhead.

[rpaulson7]

Here's another legal question, one which we've discussed in the boat this year.

Scenario:

You cut a hole in the ice larger than your boat, large enough to toss out a line into the same hole, too. Then you fish from the boat, which is floating on water but is surrounded by ice a few feet away.

Question:

Could you only use one line? Or can you use two?

In other words, what defines ice fishing? Do you have to be sitting on the ice, or in a shelter? What if your buddies strap pontoons onto thier Clam and launch it in the same hole in the ice mentioned above? Can they use two lines while the guys in the boat can only use one?

[spudhauler]

Ice fishing in a boat? Deep thoughts by Jack Handy. I would drink another beer, and the answer would likely present itself in the form of a froze-in boat.

[Coldfeet]

I would say that since you are technically fishing through the ice, you could use 2 lines. Although I have no idea why anyone in their right mind would ever want to cut a hole in the ice that large just so that they could fish in thier boat.

If anyone ever did cut a 20 foot hole in the ice and launched a boat into it, they would definitely attract the attention of the game warden, and although they may be legal as far as game laws go, I'd advise them to hide whatever it is they are smoking because being caught with it would probably result in jail time.

[Ole1855]

Okay, here's one for the books, it happened to me several years ago on Prior Lake. We were walleye fishing and we were occasionally picking up a bullhead or two. I get a bite so I feed some line out, when I go to set the hook, there's nothing there. All of a sudden I get another bite so I feed line out again, I set the bail and set the hook. When I get the fish in there are two fish on the line!!! Appearently the first bullhead bit the leech and somehow the leech and hook went out the back of it's gill, then the second bullhead bites my leech and I hook it. Tell me what you all think of this?? One fish with the leader sliding through it's gills and the other with a hook in the mouth!! The craziest thing I've ever seen.

Ole

[rpaulson7]

I posted another legal topic in the ice forum:

http://makeashorterlink.com/?L5034507B

[CHM]

Quote:

---

Daily limit is also possession limit. This includes what you have in your freezer also.

---

Possesion limit means in the boat, on a stringer, in a bucket, in the freezer, and in your tummy! I hate that part!

Chuck

[DTro]

Ok, so what if on a very cold fall or spring day you are standing on the ice but there is open water you are casting to. Can you use two lines? Are you not "ice fishing"?

[danfall]

As with any legal issue, the burden of proof is on the accuser. It would be difficult for a game warden to prove that you took a second fish on an original game fish. Even if he saw a chewed up walleye and a 60" musky that he knows chomped it the walleye in your catch, he'd have to prove the walleye was used as the bait, but there's more.

I'd say few wardens would bother trying to win this one in court.

Frankly, I think you could tell the warden you caught it on a walleye that you caught (on a leech) and he wouldn't bother with the citation. He can write the ticket, but he is only an agent of the court. The judge has the final say and the judge would most likely say that you caught the fish on a hook and a line with the original bait, and had no intention of using an illegal bait and because you used a legal bait in your pursuit of fish, everything you did was legal. Releasing the larger fish wouldn't be prudent by the standards of most people in a similar "gray" situation.

Even further, a violation of the illegal bait rule is something that is sought not reviewing catches, but watching you fish. If the game warden watches you fishing a trot line with 12 walleyes for musky, you are probably in trouble. If the warden sees you hooking perch on big treble, probably trouble. When they review your catch, it is too late for them to cite you for using illegal baits unless you have illegal baits on at the time.

This would be very defensible before a judge for all of these reasons.

[fish-n-geek]

I always hang my perch on a big 7/0 single hook. Hanging them on a treble is too much work ;-)

But you are very right about the judge having final say. Trying to argue that citation in court wouldn't be worth the warden's time.

-rus-

[ZOKU]

*nod*

Any warden writing a citation for that kind of scnenario has far too much time on their hands.