Targeting out of season species

[Vitreus]

I plan on going to the lake the day before walleye opener to do a little pregame perch fishing. The presentation for perch and walleye is pretty much identical, no? Can you get ticketed for this?

[JeffB]

Basically you want to scout for walleyes, but have a good excuse for the warden. I think there is a chance you could get a ticket for this. This topic has been hashed over on here many times and you will recieve many answers. The best thing to do would be ask your local warden.

[ClownColor]

No-

No different then the way I was perch fishing a day AFTER the walleye season was over on Mille Lacs.

[mrklean]

if you are fishing perch with a 1/4oz jig yea

[mainbutter]

If you're catching perch and only perch, you're fine.

If you're catching more than an oddball walleye (or worse, catching multiple walleyes and no perch), even if you are honestly after perch, you've probably got at least one toe over the line.

If someone is trying to disguise out-of-season fishing as fishing for something in season, that's breaking the rules AND being unethical.

The lines are fuzzy, but you can judge for yourself about your intent and results on the water, and adjust accordingly. Perch fishing is 100% legal, go get 'em. You can't stop a walleye from eating a perch jig, but you can realize you're doing it wrong if you're catching walleyes instead of perch.

[TruthWalleyes]

If you admit your fishing for an out of species, yes you can get a ticket...otherwise...no.

You can use any bait in your tackle box and not get fined...unless YOU ADMIT YOUR TARGETING AN OUT OF SEASON SPECIES.

Troll leadcore if you want....downrigger....toss muskie sized baits....legal.

You basically have to write your own ticket.

[Superduty]

If you admit your fishing for an out of species, yes you can get a ticket...otherwise...no.

You can use any bait in your tackle box and not get fined...unless YOU ADMIT YOUR TARGETING AN OUT OF SEASON SPECIES.

Troll leadcore if you want....downrigger....toss muskie sized baits....legal.

You basically have to write your own ticket.

This is not true. If a warden watches you as you catch protected fish after protected fish you can be ticketed regardless of your gear. You are required to move if you keep sticking fish that are out of season.

[DTro]

A warden can ticket you for anything. Show me a conviction, until then I don't buy it.

Been asking the same question for 10 years here. Never seen or heard of one conviction, unless of course they either admitted it or had the out of season fish in possession.

Essentially without admission you can pretty much catch and release any species you want with a simple wink and a nod.

[bobbymalone]

Been asking the same question for 10 years here. Never seen or heard of one conviction, unless of course they either admitted it or had the out of season fish in possession.

I get the point, but I'd hesitate to flaunt it cuz I don't want a ticket. I'm talking about throwing bull dawgs in lake harriet for northern or fishing 5/0 circle hooks with gobs of minnows for walleye.

Even if you manage to squeeze your way out of it in court with a wink and a nod, just getting the dang ticket would be a huge PITA.

[DTro]

oh yeah sorry, I wasn't trying to condone the practice and was more of a frustration type statement in regards to them not being able to stop people from doing it.

[bobbymalone]

Well no laws stop people from doing it, but I think the law does in effect what it is intended to do. There are lots of laws and circumstances that you can lawyer, lie, or beg your way out of, and it's avoiding the PITA of it that serves as the deterrent. It's not about whether you can convince a judge or jury that you were in the right, you have to convince the CO. That's a tougher sell and if you try to play him a fool, that's pretty much a guarantee that you're getting a ticket.

Works on me, you'll never see me tossing huge cranks for "crappie" even if I have seen crappie caught on huge cranks before.

Not that I haven't caught all sorts of out of season fish while I was fishing for crappie with what is obvious to any reasonable fishing person a successful lure for crappie that also happens to work on bass and and occasional northern. Which is pretty much any crappie lure.

[YiGGiN4SLoBS]

I would agree with Dtro here. You will never get a conviction on anyone for this unless they have a cooler full of eyes' sitting next to them or they admit thats what they're fishin for. I dont condone it either but as long as you are catching and immediatley releasing there isnt much gonna happen.

U think those "crappie" fisherman on red right now are using tiny little microscopic size tackle and trying "desperatly" to keep all the hungry eyes from touching their bait? yeah right

[maxpower117]

If you have to ask, you're already guilty.

You wouldn't ask if you were simply fishing for perch.

Or, you just wouldn't do it. Not even worth the funny looks from the honest guys.

Pretty simple.

[DTro]

I’m going to have to disagree and say that it’s a very valid question as some species are occasionally fished for identically (catfish/sturgeon) (muskie/pike) (walleye/perch) (crappies/bass) This question comes up every stinkin year around this time. There is a very easy fix and that’s to allow catch and release all year long on all species and then within that year have a window you can posses them (basically the same seasons we have now).

Before everyone screams about spawning walleyes, please just once think outside the walleye box.

Oh and by the way, the CO’s are aware that even if they know you are fishing for an out of species fish, as long as you don’t admit it or possess any, there is really nothing they can do and their boss even admits it.

The Minnesota DNR is aware of a large sturgeon caught last week in the St. Croix River and expressed concern Monday that the fish may have been caught illegally.

“We suspect that this is going on,” said East Metro DNR Fisheries manager Jerry Johnson.

But Johnson said that enforcing fishing out of season regulations and then proving allegations is very difficult. Sturgeon season is open normally from early September until mid October.

“Technically it’s illegal to fish for a fish that’s out of season,” said Capt. Greg Salo, DNR Region 3 enforcement manager.

Last Wednesday night Nick Radke of Bayport was fishing on the St. Croix River when he hooked a 62-inch sturgeon. He and his fishing partner had to use a power auger to create a bigger hole to land the fish. Radke took a few pictures and says he released the fish back into the river. He told KSTP that he caught three more sturgeon the next day. If he were targeting that species, that would be in violation of fishing regulations, said Salo.

“We need to get him to admit that,” Salo said. And so far Radke has not. A KSTP-TV reporter called him Monday and Radke said that he had done nothing wrong.

On a sportsman’s web chat site Radke revealed that he was using 30 pound test and a heavy duty Abu Garcia 6500 reel, and a walleye Jig tipped with two fathead minnows to catch the fish.

There are other large species in the river that are in season like northern pike and catfish.

The DNR said Monday they had discussed KSTP’s story about the sturgeon catch, but were not pursuing a case against Radke because the case would be simply too hard to prove.

[TruthWalleyes]

oh yeah sorry, I wasn't trying to condone the practice and was more of a frustration type statement in regards to them not being able to stop people from doing it.

Exactly why i posted such a bold statement about only being ticketed when admiting...

I also knew DTRO would post a few minutes later

[bobbymalone]

dtro, wasn't that sturgeon thing based on facebook pictures?

I'm thinking if you get busted in the field it might be a bit of tougher to avoid the ticket. Of course it also depends on what you are doing and what you say you are doing and how well those things match up.

I'm on the fence about year round CPR. I think it works great on places like pool 2 where it is year round, but I'm not convinced it's a good idea elsewhere. All disturbing the spawn and hook mortality business aside, I think it would increase poaching. I think there are a lot of people that struggle with throwing back eater walleye. Like there is something broken inside their head.

It's already next to nil that you will ever get caught breaking a game law. The closed season at least puts a two-fold layer on protecting the resource, that you shouldn't even be out there fishing plus you shouldn't be keeping fish.

But then again, I don't know. And I mostly fish for roughfish, panfish or I fish pool 2.

[chief]

There isn't one thing wrong with your plan. If there was, all seasons for all species would have been made identical years ago.

If you are consistently catching walleye or other closed season species, you are required to move. If you don't, and if authorities see and determine that you are harassing a protected species, you can be ticketed.

There is the letter of the law and there is the spirit of the law. If you're truly targeting perch, and catch the odd incidental walleye, it's a non issue ethically and legally. If you're disingenuously targeting walleyes under the guise of perch fishing, well............

You seem like a decent guy, though. We know you'll do the right things.

[my4x4yj]

There are certain creeks and bay areas in my area of the state that at certain times this spring the only thing you better have in your hand when there is a camera no matter how many species of fish are there together because you will always be cited for fishing out of season, only arguing that will take place with the CO will be in court. That being said while fishing elsewhere unless you are seen taking excessive time with your catch to measure and photo before "immediately" releasing or actually have a walleye in a livewell shouldn't be a problem unless of course you are unfortunate to encounter that one hardass CO then everything to him always open to his interpretation of the law.

[Alagnak]

"I think there are a lot of people that struggle with throwing back eater walleye. Like there is something broken inside their head."

THOUSANDS of people with something broken in their heads - who can not comprehend that there are other valuable fish resources in this state besides the almighty WALLEYE WALLEYE WALLEYE. Fricken drives me nuts. If any one of them have ever been out of state and fished anything besides walleye, they'd understand they are living on walleye island. Sorry, but yes. I'm talking about 90% of you who are reading this.

[ClownColor]

"I think there are a lot of people that struggle with throwing back eater walleye. Like there is something broken inside their head."

THOUSANDS of people with something broken in their heads - who can not comprehend that there are other valuable fish resources in this state besides the almighty WALLEYE WALLEYE WALLEYE. Fricken drives me nuts. If any one of them have ever been out of state and fished anything besides walleye, they'd understand they are living on walleye island. Sorry, but yes. I'm talking about 90% of you who are reading this.

What does this rant have to do about anything?

FYI..I'll walleye fish over just about anything...cause why? I like to,and I can, probably like the other 90% do to!

Just be happy your the 10% then and you can fish in peace...

[Alagnak]

It has to do with who/what I quoted in my post. But thanks for solidifying my point. Go back to dreaming about your golden bottom feeders with their lack of taste and lack of fight. ;-)

Popular 'rant'? I doubt it. Truthful? Yes sir.

[maros91]

Just ask yourself is it really worth it? Fishing the day before opener or a week before opener to see if the walleyes are there. Is it worth the hassle of possibly getting a ticket then going to court to fight it. Lots of wasted time there when you could be out fishing.

[DTro]

Really worth what? I go out to fish to catch fish. Especially in the early spring before the cats get going, I’ll go out and pitch jigs. I’ve caught just about anything and everything doing this. Sometimes I catch a dozen walleyes, sometimes I catch 20 white bass, sometimes I catch a handful of carp and other days it will be drum or pike. Then you have those special days when you get all of the above and more.

So what exactly is it that am I “targeting”?

Anyone else find it odd that you can Bass fish EARLIER in the NORTHERN part of the state than you can in the South. Why is that? Does that make any sense at all from a biological standpoint? And why is it that we can we fish for walleyes all year long in some places yet those same places puke out fish year after year after year?

[Fisher Dave]

I've had CO's suggest that I relocate in the past when spring crappie fishing and bass kept grabbing my 1/32 oz jig and not crappies(wasnt getting any). He was nice about it but he could see I obviously wasnt targeting bass. Honestly I agreed with him because I was looking forward to a fish fry. Could he have rigthfully ticketed me? No. Could i have kept fishing there? Yes, but why?

As for the topic that started this thread, Perch fishing the day before the walleye season opens to pre-fish walleyes? Do what you gotta do I guess but honestly I enjoy that thrill of the opening day hunt. Its part of the excitement and tradition to me, and I think my kids enjoy it as the same. Many are going to see pre-fishing in that situation as unethical, and that is quite a different scenerio of targeting early season white bass on the river.

Fishing the river with currents and muddy water conditions require a larger heavier bait. Some will speculate and accuse you for targeting gamefish species out of season and sure you catch some incidently, but the same baits are required and highly effective for the in season species your targeting(White bass). This in my opinion is far different than another example given to tossing Bulldawgs in lake harriet on Pike opener for pike(there arent many pike in harriet but its prime musky water). Respectfully speaking people are doing what they know they arent supposed to be doing, but feel its justified by a simple lie to the CO... That comes down to your own Ethics if you choose to practice it or not, you know exactly what you are doing, im not going to judge anyone.

I guess to me personaly I dont need that head start and I enjoy the thrill of the hunt... but I'll be chasing white bass and crappies as soon as the ice clears. If something else bites i'll reel it in too. I'm not sitting home until June because I might catch an out of season fish, but im not going to target them either.

We cant really compare apples to oranges and expect it to be the same as a peach at the same time. Theres alot of different variables in this topic and a lot of different opinions on each of them. I highly question som eof the laws myself that are in place and thats why ive been trying to be active in helping to make neccessary change. On the same note just because a law is unreasonable, it doesnt neccessarily make it ethical to break it.

[Nhamm]

Fisher Dave put it as good as one could. Thank you for that.

[bicfishing]

where in the regs does it say that you are REQUIRED to move.i read through them and did not see this any where.

[chief]

The regs. book, and DNR website, are synopses of all applicable statutes. They don't, and couldn't, contain all applicable info. MN statute 97A.015 subdivision 47, clearly includes "pursuing" in it's definition of illegally "taking" game fish.

I don't know what the magic number is, but if a CO sees you take X number of closed season species--you're guilty. You're guilty because it's your responsibility to know what "pursuing" means, and you're guilty because you didn't stop your pursuit in that particular spot. Your only options in such a case are to stop fishing, or fish elsewhere.

[bicfishing]

pursuing means you show intent to take this fish or animal, look it up in the dictionary. statute still does not say you have to move.and yes i went and read it. as stated before by others you would have to say you intended to catch them

[chief]

I see. All those folks who've been ticketed for fishing for a closed species came clean there on the spot and admitted their intent? Likewise, CO's released all others who swore they had no intent? Gee, sportsmen are the greatest.

[DTro]

Still waiting to hear from 1 person who was convicted of targeting a fish out of season.

Heck, still waiting to hear about a ticket written...