boombap Posted February 28, 2012 Report Posted February 28, 2012 This is something that I've been thinking about, but cant find a right answer. Let's say I'm walleye fishing before bass season opens.. and I happen to catch a bass as the MNR pulls up to my boat. What can happen? Will I be ticketed even tho I'm releasing the fish? Would lure choice have a impact on this? I've caught walleye on cranks, spinners and worms.
Terry Posted February 28, 2012 Report Posted February 28, 2012 that is not an easy question I had ne CO want to charge me and I had not caught a bass only crappie, but he said the bass spawn where I was so I was fishing for bass... I told him he was a moron because it was I way too early for the bass to start spawning. water temp was only 50 deg F but more to your question,, if you are fishing a known bass spot and he watches you catch more bass then walleye, he can charge you if you re catching bass and using a big white spinnerbait and try to tell him the walleye like them or flipping 10 inch worms for walleye..there is a good chance he will charge you...in most cases they do watch before they approach, so they will have a reason to charge you if that is the case
mike rousseau Posted February 28, 2012 Report Posted February 28, 2012 You shouldn't get a ticket... AS FAR AS I KNOW... if you don't change your lure, location, or technique they can nail you... The idea is your supposed to avoid out of season fish by any means necasary... So if you can only catch walleye on rapala x raps... But doing so you get a whak of bass in the process...your supposed to change lures or you location to leave the bass alone to spawn... But if you using a topwater frog and say your walleye fishing... Good luck
Gregoire Posted February 28, 2012 Report Posted February 28, 2012 This reminds of why time I was fishing for Pike using a large Husky Jerk. I landed 2 nice largemouth from a very close location. I moved a little and hooked into something else large. I was a little pissed as it was not fighting like a Pike. I told myself if it was another bass I would pack up and head home, as I was fishing from shore. To my great excitement I hooked into a large Pike. Sorry for the aside. To answer your question I do not think that they would charge you if you only hook one fish, but if they witness you pulling in bass after bass than I think you should be charged. If it is obvious that you are in an area where OOS fish are present than it is your responsibility to move. Having said that you also might get charged if you take a while to release the fish while taking multiple pics, in which case you would also deserve the charge.
boombap Posted February 28, 2012 Author Report Posted February 28, 2012 (edited) I understand that the bass need to spawn, but I find it ridiculous how you can be charged for a accidental catch, ESPECIALLY if you don't keep the fish. I think laws regarding this matter should be a bit more clear, and not up to the officer. Perhaps they are and I just can't find any info on this huge thing we call the internet Edited February 28, 2012 by boombap
irishfield Posted February 28, 2012 Report Posted February 28, 2012 I'll jump in and save some of the nonsense that's gonna start with this thread. This letter to and from the MNR came about with me complaining that OOS fish were being entered in the Temagami Stewardship contest to win a replica mount... which equalled intentional targetting of said fish to send in entries. Photographed.. hung from shack and weighed.... photographed again in the snow beside the rod for the "steelheader" shot. The MNR personnal noted are 2 CO's, a biologist and their supervisor. From: "Gilboe, Peter \(MNR\)" Date: April 10, 2006 6:11:26 PM EDT (CA) To: "Gaye Smith", "Mccrudden, Chuck \(MNR\)", "Rowe, Richard \(MNR\)" Cc: "Schenk, Mike \(MNR\)" Subject: RE: Picture Gaye, The Ontario Fishery Regulations, section 13, say:"... every person who catches a fish of a species (a) at a time or place at which fishing for that species is prohibited, ©the possession or retention of which is prohibited, shall return the fish forthwith to the waters from which it was taken, and where the fish is alive, release it in a manner that causes the least harm to the fish" The keys here are "forthwith" and "in a manner that causes the least harm to the fish". If a person catch and releases several fish per day more than their legal limit, but releases them after snapping a quick photo, we'd never dream of charging them for "retention" of the overlimit, so I think the same analogy holds here with closed season fish. It would come down to a test of reasonableness if it were ever to get to court, and I feel comfortable saying the I would never lay such a charge if the angler was "reasonable" in his quest for a photo. I don't think it's an unreasonable thing to do - as long as you don't need to run back to the camp for a camera, or pass it around to everybody in the boat for their turn in front of the lens. I've only ever laid the charge twice in my time; once for a little *&(%&% who was drop-kicking closed season bass off a lock in Ottawa (the Youth Court Judge was NOT amused), and another for a guy who released a whopper closed season walleye only after he saw us coming. He said he was going to release it all along, but couldn't quite explain why he had been holding it in a bag in the water for safekeeping. If my learned partner has any other thoughts I'm sure he'll jump in. Pete You know the really sad thing? Honest folks worry about these very fine points of law, while others stuff the fish down their boot and think nothing of it. -----Original Message----- From: Gaye Smith Sent: Tuesday, April 04, 2006 2:30 PM To: Mccrudden, Chuck (MNR); Rowe, Richard (MNR) Cc: Gilboe, Peter (MNR); Schenk, Mike (MNR) Subject: Picture Hello All What is the MNR's official position on someone taking a picture of a fish caught out of season before releasing it ? Gaye Smith
uglyfish Posted February 28, 2012 Report Posted February 28, 2012 Like said, bait will depend on it. And if u are catching a ton of bass and very few walleye, it is ur responsibility to move locations or u could be charged. A few fish here or there won't matter, as it happens. I landed a largie through the ice mid winter as I was talking to a CO, he asked if I got many there and I laughed and said it was my 3rd that day. He only asked if there was any size to them lol.
boombap Posted February 28, 2012 Author Report Posted February 28, 2012 irishfeild, thanks for posting that. That gives me a clear understanding of what I was talking about. It's almost impossible to keep bass off your line sometimes, if its pike fishing or walleye fishing.. bass eat everything. So this spring while fishing for walleye and pike.. if I happen to catch a PB smallie, I am taking a pic.
irishfield Posted February 28, 2012 Report Posted February 28, 2012 2006?? What about the date Brian.. same CO's are still there and working (and the law/their attitude hasn't changed).. talked to two of them personally last Sunday.
BillM Posted February 28, 2012 Report Posted February 28, 2012 irishfeild, thanks for posting that. That gives me a clear understanding of what I was talking about. It's almost impossible to keep bass off your line sometimes, if its pike fishing or walleye fishing.. bass eat everything. So this spring while fishing for walleye and pike.. if I happen to catch a PB smallie, I am taking a pic. I'm out on pike opener hitting the water pretty hard and I agree sometimes you just can't keep the bass off the line. I however won't be snapping pics of OOS fish and counting them as PB's... That's a bit much...
bushart Posted February 28, 2012 Report Posted February 28, 2012 I've seen where snoopin shallow waters in spring for crappie with little tubes produce bass--and some big ones Deal is---after ice out---2-3 degrees warmer water seems to draw many species---tough to know what's biting
boombap Posted February 28, 2012 Author Report Posted February 28, 2012 I'm out on pike opener hitting the water pretty hard and I agree sometimes you just can't keep the bass off the line. I however won't be snapping pics of OOS fish and counting them as PB's... That's a bit much... Why is that "a bit much.."?
msp Posted February 28, 2012 Report Posted February 28, 2012 Why is that "a bit much.."? Because its not a "P.B." if its caught out of season.
BillM Posted February 28, 2012 Report Posted February 28, 2012 Because its not a "P.B." if its caught out of season. Ding ding ding!
Rich Nelson Posted February 28, 2012 Report Posted February 28, 2012 Its really up to the discretion of the CO. Most of the officers Are decent guys, and if u arent targetting oos you should be ok. I have a friend who was catching pike (hates bass fishing) using husky jerks in a lake ged never been on. CO stopped him and fined him for targetting oos bass because "everyone knows they spawn here." Problem is that there are ppl that will target oos fih beacause at times , its the easiset to catch them. Very unsportsmanlike, and it ticks me off. If you do happen to catch a fish oos, it gets the water release, no pics. You shouldnt be stupid enough to post pics on a public forum. ( that goes for the oos musky posted last week as well!
BillM Posted February 28, 2012 Report Posted February 28, 2012 I've got no problems with a dad snapping a pic of a 5lb OOS largie his kid catches by mistake, I'd do the exact same if my niece caught something like that.
DoubleDigits Posted February 28, 2012 Report Posted February 28, 2012 This is interesting, regarding the PB...following the logic above I take it that no fish would qualify as a 'personal best', if it was A, not within the anglers possession limit or B, not caught by legal means. Sooo... an 8 pound LM, with one treble hooked in the outside of the chin, and none inside the mouth...sorry, no PB for you, you're still stuck on that 4lb mark. CPR'd a 14 lb BOQ eye, while u have a limit of eaters in the box? Sorry, no PB there, like it never happened. Accidentally caught a sturgeon in Lake O, that was twice the size of one u accidentally landed 10 years earlier? It actually wasn't twice the size, because the sizes of these unretainable fish do not exist in this dimension. Catch your biggest ever Cobia, that happens to be half an inch under the 36" minimum, not only not a PB, but you're a chump if you take a pic. I fully agree that catching a fish out of season, or foul hooked, or under/over slot puts a big asterisk on the catch, but things like personal bests are just that, personal.
Steve Posted February 28, 2012 Report Posted February 28, 2012 Your right - it is personal. Our "crew" would never ever ever consider an OOS fish a "personal best". Never. Heck, our jury is still open whether a fish caught with a guide should be considered a "personal best". But like you said, each to their own - and that's why it's called "personal best".
DoubleDigits Posted February 28, 2012 Report Posted February 28, 2012 Of course, foul hooked, or OOS fish should be quickly released...not thinking about the law or legal or best practices here...just the nonlegal, subjective idea of fishing PBs.
DoubleDigits Posted February 28, 2012 Report Posted February 28, 2012 Heck, our jury is still open whether a fish caught with a guide should be considered a "personal best". I used to feel this way about guided catches, especially when me and my buddy had a little big fish contest a few years back...I paid out the $100, but felt like his Costa Rican buddy wasn't part of the wager! Now, i see it differently. Very difficult, and in my opinion, unwise to attempt to really learn or experience completely different species and styles of fishing in different waters and parts of the world without the guidance of local experts...Getting a guide on your 'home waters', just to crack a big fish that you've never been able to...another story
Steve Posted February 28, 2012 Report Posted February 28, 2012 I used to feel this way about guided catches, especially when me and my buddy had a little big fish contest a few years back...I paid out the $100, but felt like his Costa Rican buddy wasn't part of the wager! Now, i see it differently. Very difficult, and in my opinion, unwise to attempt to really learn or experience completely different species and styles of fishing in different waters and parts of the world without the guidance of local experts...Getting a guide on your 'home waters', just to crack a big fish that you've never been able to...another story I totally agree.
lew Posted February 28, 2012 Report Posted February 28, 2012 I never weigh fish and seldom even measure or take pictures anymore, but if I caught my biggest of whatever species out of season it'd still be my best fish....personal or otherwise. If it's caught out of season it's not legal to keep, but it's still the best. This topic comes up regularily and always seems strange to me.
DoubleDigits Posted February 28, 2012 Report Posted February 28, 2012 On "guided" fish - If I go out with a guide in his boat, with his rods, and his tackle, and his experience...and I just happen to be the dummy that cranks the fish in...nope, not a PB. Not even close. What if you went out with a buddy who was a muskie expert, who put u on fish that you otherwise wouldn't be on. Would the 50"er you catch not count??? Wouldn't that catch be just as valuable (if not more, since you were using proper technique and gear) than a muskie u accidentally catch on a jig head while walleye fishing???
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now