Am I Wrong?

[Bobby Bass]

Are you wrong? I don't know. I have only heard your side of the story. Would be interesting to read the CO's statement but I guess you will have to go to court for that and I am sure like many others here we would like to hear the outcome. If and when you do go to court I hope you do post the outcome so you can close this string. The law is black and white and any grey area is up to first the CO in his decision to issue a citation and finally with the judge in whether there is merit to the CO's citation. As for some side comments, the law is there to be enforced and the CO is not out there to be issuing warnings. For all you know he may have been issuing warnings and just saw enough and decide to start writing citations, might be your bad luck to have been the one he wrote of course that is pure speculation on my part. But having 20 years of experience I have been there and done that. Donut comment was out of line. One time big deal but when you hear the comment all the time it gets real old.. Good luck with your ticket, if you think you are in the right fight it, it's your right.

[Surface Tension]

Heres a signal thats always worked for me, "hey your bobbers down".

If you believe you were unjustly ticketed you owe it to yourself to FIGHT IT and I'll thank you for doing that.

Good Luck.

[ChuckN]

More often than not when an officer does not wish to use discretion they will hand out tickets and tell you to "let the judge decide". I'd say go for it, and let the judge decide.

[BLACKJACK]

I guess we can all learn something from this. Don't leave a line down the hole if you leave the house for any length of time. I know that I naturally get one going in the house, then go put out and put out the tipup. Or if I'm jigging a few holes outside the house, I have a dead stick with bobber going in the house. Never thought anything of it. To me 'unattended' was leaving them over night. Live and learn I guess.

One editorial comment about law enforcement. They usually have the laws stacked heavily in their favor. More crooks get caught for 'wire fraud' and 'interstate trasportaion of stolen goods' than the actual crime, because its easier to catch and prove. Same way when they charge you with a crime, they'll hit you with 10 diferent charges with the idea that you'll plea bargain down to one or two and think you got off easy. This CO had probably been close to busting some other anglers for violations that day but you happened to be the next poor sucker that got caught.

[leechlake]

I've had a few day in court and affadavit's notorized or not are worthless, unless the judge puts some weight to the affadavit without telling you. It surely couldn't hurt but he most likely will tell you it's not allowable.

[hanson]

Quote:

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For all you know he may have been issuing warnings and just saw enough and decide to start writing citations,

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Agreed. To be perfectly honest, the same officers are working Red Lake day in and day out for many years now. Its a high profile lake drawing lots of fisherpeople to it. If you read back to my earlier post, the few times we've talked to the CO's out there, they said they were giving out citations all over the lake with fishing an extra line being very common. I personally feel that they are out there to cite you and not give warnings because of the amount of fisherman on the lake and the amount of violations they come across. They know what they are doing and what to look for. I'm sure this particular CO has given out many citations exactly like the scenario that you describe and they've all been upheld in court or never challenged, otherwise he wouldn't be giving them out anymore.

I can almost guarantee you that your case won't be the first case taken to Beltrami County court for a citation on Red Lake. The judges & prosecuters are quite familiar with these cases I'm willing to bet.

[castmaster]

"Heres a signal thats always worked for me, "hey your bobbers down".

If you believe you were unjustly ticketed you owe it to yourself to FIGHT IT and I'll thank you for doing that.

Good Luck."

the reason i had asked if he had anyway of knowing if he had a bite WITHOUT his buddy saying anything is because "technically" if the only way he had to know there was a bite is for his buddy to say something, the nthat line was being "attended" by his buddy, which would get back to the buddy fishing too many lines.

[Mr. Pike1]

Here in lies the beauty of the American legal system. Most laws like policies within a company are subject to interpretation and discression. I would let the case be heard by an independant third party and let them interpret and excercise his judgement.

or if you find out the money goes to a good cuase to support the great outdoors then forward the money on as an extra contribution to support the great outdoors.

[fishin789]

doesn't make sense to me. if you have a tipup outside your house within 300 feet you and are jigging in your house you are legal. if you leave the house when you get a flag you now have an unattended line? What if you have a tipup in the house and one outside the house within 300ft. if you leave the house when you get a flag you are still within 300 ft of the other tipup so now you are still legal?

[nofishfisherman]

I think you need to be within 200 ft of your tip up.

[98prosport]

We were up on LOTW and staying in a sleeper, as we were not having very good luck, the renter said we could go to another house during the day. We went to another house and when we were there, we got "checked". I had left my license in the sleeper. I told the officer this and he said, and I quote, "No problem, don't even worry about it, I am sure you are telling me the truth". and off he went without seeing any of our licenses.

These guys need to be more uniform, otherwise why even wear a UNIFORM!

[SomethingFishy*]

Just pay the ticket and call it a day. It's hard when it's questionable but probably not worth the hassle.

Think of it this way, how many times have you maybe been speeding, driving without a seatbelt, switched lanes without useing a turn signal or a number of other miscellaneous "petty" crimes and not been ticketed? This sitation while maybe not "fair" is probably better than the amount of fines that you could be at if the officers would start a strick "no tolerance" policy. If they start citing more people for "petty" crimes they will increase revenues and be able to employ more officers to uphold the law and issue more citations.

Just some thoughts.

[Blue Kayak]

Here are some angling related quotes from Minnesota Statutes (not the book you get with your license). You can find this easily by Googling, "Minnesota Statutes". There are lots of ways to search various laws once you get on this site.

" 97C.315 Angling lines and hooks.

Subdivision 1. Lines. An angler may not use more than one line except:

(1) two lines may be used to take fish through the ice; and

=============

97C.321 Restrictions on unattended lines.

Subdivision 1. General prohibition. A person may not take fish by angling with a set line or an unattended line except as provided in this section and rules adopted under the game and fish laws.

Subd. 2. Ice fishing. A person may use an unattended line to take fish through the ice if:

(1) the person is within sight of the line; or

(2) a tip-up is attached to the line and the person is within 200 feet of the tip-up.

=======================

97C.317 Fishing as a party.

While two or more persons are taking fish by angling as a party, the total number of fish taken and the total number of fish possessed by the party may not exceed the limit of the number of persons in the party that may take and possess fish by angling. For the purpose of this section, a party means:

(1) for persons who are not on the water, the persons are maintaining unaided visual and vocal contact;

(2) for persons who are on frozen water surfaces, the persons are maintaining unaided visual and vocal contact; and

(3) for persons who are on open water surfaces, the persons are angling from a single watercraft."

=======End of Statute Quotes=========

My interpertation is that two lines are allowed for ice fishing, so that is OK.

I do not feel the line was unattended. It was being watched by a partner. If the partner would have set the hook if the bobber went down is speculation. My fishing partners would tell me I had a bite, and I do the same for them.

However, the language relating to parties is troubling. Parties must maintain "...unaided visual and vocal contact." It appears this may be a violation. I think we should work to get the law changed to read "unaided visual or vocal contact", and this may have been the legislative intent. The language as written seems to discriminate against anglers that are either blind or deaf.

I have been guilty of stepping outside a fishhouse without taking up my line. Won't be doing that any more unless "or" replaces "and". What if you are fishing by yourself and step outside? Is that a violation of fishing with an unattended line? It appears to be if you are not, "in visual sight of your line." Is it illegal to use a sound signaling device if you also "not in visual sight?"

[Rolly22]

Next time you go, do the same thing and continue to do the same thing until a CO WITHOUT an inferiority complex comes by and does the job he is supposed to. Like maybe say there is a possible infraction and explain the rule (if he even knows them). I will say they have a tough job and are grossly underpaid for the most part, but this is a waste of taxpayer's money. Pay the fine and make it back by gambling illegally on sports.

Rolly

[Neiko]

Because of this problem I have established new protocol when fishing with another person and we have 2 tip ups out while we each fish 1 line inside. If I go to clear holes,pee, or whatever I tell them if anyone ask they are fishing the 2 lines inside and I am fishing the 2 tip ups outside until I return.

[fishing tech]

What you need to do is to call the CO's office every day and see if he is working. You get his work schedule, contact the court and let them know you need the date changed. Make it a day when the CO is off, they don't like to show up if they are not on duty. If he doesn't show up you are free to go. Also might as well plan a fishing trip around it. Good luck.

[WAG416]

I dont believe it.

If you're gonna try what fishing tech just posted

you're goin to need MORE than just GOOD luck,

thats no lie.

[fishing tech]

Hey Wag, no offense but would you show up on your day off for 1 case like that? Then again we don't have both sides of the story.

[SomethingFishy*]

If I was the CO I would show up with a smile on my face just to make your trip that much more "memorable" and a waste of time. Not only would you be wasting your own time but also the states money which in turn raises the "costs" for all of us .

Just pay the ticket and get on with your life.

[cliffy]

I think that is a myth......that they don’t like to show up for court on a day off. Most agencies, including the one I work for, have well compensated union contracts. 3hrs OT no matter if court takes 30 seconds or 5 minutes. That is an easy 120.00! Also, we cant simply skip court....big trouble for not showing up.

I would suggest showing up for court if you feel you did nothing wrong...let the system figure it out. If not, just pay the ticket and move on.