Large DNR presence at Beacon Harbor...

[Xplorer]

Oh, and the reason there are alot of CO's on Upper Red is because it is still one of the most abused lakes for violations in the State.  If you've ever snowmobiled on the lake after the snow melts down in the spring you will see the evidence left behind.  Been a few years since I've done that but I can just imagine how bad it is now with all the wheelhouses on the lake weekend after weekend. 

[CJH]

4 hours ago, Xplorer said:

 

You are wrong there. 

There is no regulation in the MN fishing regs that says you cannot catch a fish of the same species after you have already reduced your limit to possession.  You simply cannot reduce another one to possession.

 

Clarified with the DNR and I stand corrected:

 

Quote

Thank you for contacting the MN DNR Info Center.

 

Yes, as long as you aren’t culling (exchanging smaller fish for bigger ones), you can continue to fish catch-and-release. We did just check on that with Enforcement recently.

 

Please feel free to contact us if you have further questions either by email or by calling 888-646-6367 M-F 8:00 am-6:00 pm and on Saturday 8:00 am-4:30 pm. Anyone here will be happy to help you.

 

Have a great day!

 

Barb

Customer Service Specialist Intermediate | Office of Communications & Outreach

Minnesota Department of Natural Resources

500 Lafayette Road

St Paul, MN 55155

Phone: 888-646-6367 or 651-296-6157

Fax: 651-297-3618

Email: [email protected]

mndnr.gov

 

[mtheis]

CJH I am glad you called and clarified it.  I also called and asked the same question and got the same answer.  It is fun hearing some of you interpret the law and this creates discussion....does it not?   What disturbes me is how we make it harder on ourselves than it has to be.  Or that we go along with it?  I don't know.  One time I was involved in another discussion where someone strongly suggested that you cannot have an open beer or bottle in the boat while you drive your boat.  Or fish for that matter.  Again, you should have heard the preachers who really thought they were correct.  At the sports show the DNR had a booth and they both answered in the affirmative.  You can have a drink in the boat while you are fishing, and even drive the boat....you just cannot be intoxicated.  The DNR officer I talked to said..."Hell, I have a beer in my boat!"  Made everyone laugh.

Edited January 4, 2020 by mtheis

[delcecchi]

As I understand it you can have fillets on the lake so long as you also have the carcass the fillets came from.   Then once you eat the fillets you may dispose of the carcass on shore.  But those fish count towards the daily limit so you have to wait until you are done fishing for the day to do so.    

 

Seems like the violators have made it really painful for everyone, even the honest folks.     

[BWpineisland]

[Xplorer]

On 1/4/2020 at 8:47 PM, delcecchi said:

As I understand it you can have fillets on the lake so long as you also have the carcass the fillets came from.   Then once you eat the fillets you may dispose of the carcass on shore.  But those fish count towards the daily limit so you have to wait until you are done fishing for the day to do so.    

 

Seems like the violators have made it really painful for everyone, even the honest folks.     

 

I'm glad both CJH and mtheis got the same confirmation from the DNR, sometimes thats not been the case on other questions that have come up.   

Early on up on Namakan I had several/many encounters with the area CO at the time,  Lloyd Steen (seemed we got checked at least once every camping trip we made, sometimes twice).  He was a "letter of the law" type of warden, so I had him run down exactly what the regs were for fish keeping/eating/transporting while we were out on the islands camping.  After that, there was never a question, and we saw him for many more years until he retired.  He even had a book written about some of his CO experiences, its called Border Warden, if you like that sort of read.    

 

Del, that situation is addressed in question 4 of the "possession" section. It states that you must be "in the act of preparing and using the fish for a meal, you may fillet the fish, but must retain the intact carcass".   I have heard of a few folks that got pinched on URL that had fillets in a cooler, and had the intact carcasses, but were given a citation because they were not in the act of preparing/cooking the fillets.   This seems kinda picky to me, but it is clearly written that way in the regs.  And again, technically, if your On the lake, you are supposed to keep those carcasses of the fish you filleted and ate until midnight.  If a CO show up to your fishhouse at 9pm and smells fishfry, they're gonna want to see/measure the carcasses, and if you hauled them to shore at 6pm after you ate, there's a real chance your gonna get pinched.

Sure does make things a real pain in the butt for fisherfolk staying overnight on the ice, if they want to eat fish tho. 

[CJH]

28 minutes ago, Xplorer said:

 

I'm glad both CJH and mtheis got the same confirmation from the DNR, sometimes thats not been the case on other questions that have come up.   

 

 

On 1/3/2020 at 9:49 PM, mtheis said:

CJH I am glad you called and clarified it.  I also called and asked the same question and got the same answer. 

 

Glad to do it.  As I mentioned previously, I have been told differently in the past, so I wanted to clarify and get it in writing so we all could be compliant and remove any confusion.

 

Good Fishing Everybody!!

CJH

[delcecchi]

Xplorer, I missed that.   Hard to believe a CO would pinch someone for fillets on a plate while folk are having a snort before dinner.   Do they have a quota like cops do?   (well, not a quota but a goal or objective that they are evaluated against )

[Xplorer]

Del,

No quota that I know of.  I’ve actually made the run in from my rental shack to shore a few times at midnight to dump carcasses so my son and I could fill our limit before we left the next noon (were not game hogs but will cook/eat three fish on the ice and take our legal limit home on URL Plus the rattle reel overnight bite can be insane)

 

I just think the CO’s on URL have heard every story in the book so many times that sometimes they just get to the point where someone is getting a ticket.  There are probably more overnight wheelhouses on URL in one busy weekend then on the V in an entire season. 

 

PS:  keep those open water reports coming this summer, my son loves to come up and do day trips for smallies and largies on the V!!

 

[delcecchi]

Yeah, after a while dealing with a situation where many folks are violators and trying to game the system I guess they get sort of cynical.

[mtheis]

I read the "Xplorer" scenerio above, where a fisherman had intact carcass', with fillets in the cooler, where they were not actively preparing and cooking their fish.  Why would I not want my fillets to be as fresh as I can?  In no way, in my opinion is the fisherman being malicious.  As it is written, the only real safe scenerio is to bring your fish to shore, clean them and have the resort or Restaurant cook the fish for you.  This seems so objectionable (and expensive) I am going to call the DNR  and voice my opinion about it and see what they think.  Here again, we are committing a crime, yet doing our best to stay above the law and just enjoy our stay.  Life for the average fisherman has become too complicated.

Edited January 7, 2020 by mtheis

[Bigfatbert]

A reminder to all that CO’s and all other law enforcement officers can write tickets after tickets until the cows come home , but we all have the right to let a court of law decide if the supposed violation actually is a true violation of the law .

[Xplorer]

mtheis,

   When I am on URL (or LOTW, about the only lakes I've cooked fish while I've been "On" the lake), here's what I do.  When I'm ready to cook fish, I put the frypan on the stovetop. Put the jug of oil out next to it, along with my zippies of Fry Magic and crushed Ritz. Then I go outside and clean fish, putting the carcasses in a 5 gallon pail with water in it.  Bring in the fillets and fire up the burner.  If a CO stopped by while I was filleting fish, no reasonable person would think that I was not in the act of preparing/cooking those fish.  The guys that got pinched had cleaned fish and put them in their cooler, and went back to fishing.  Personally I dont have any issue with that, as long as they had the carcasses, which they did.  But the law says you must be preparing/cooking if you have fillets in your possession while on the water.  

I'm guessing that CO had just had a really bad day and that house was unfortunately the "last straw"??  Wrong place, wrong time for them most likely.

   Anyway, just trying to help others not to put themselves in a place where they might be unknowingly breaking a rule.  Like I said, I have seen quite a few folks coming off Namakan over the years, get a rude awakening when they get checked at the access coming off the lake with fillets in their cooler.  Never forget one Memorial Day monday and 4 CO's were checking about every boat loading up. The CO checking the boat next to me says "You guys did a really nice job of leaving the skin section on this bag of fish.  Unfortunately, you can't have filleted fish on the water.  Better pull up and we'll figure out who gets the citation"   The look on the boat owners face.....you could just about see him get sick to his stomach.  Certain he had no clue about the regs.

[leech~~]

1 hour ago, Xplorer said:

When I'm ready to cook fish, I put the frypan on the stovetop. Put the jug of oil out next to it, along with my zippies of Fry Magic and crushed Ritz.

 

Let's hear more about the Fry Magic and crushed Ritz part. 

Do you dip um in milk-beer then coat?  Do you mix the fry magic and Ritz together or coat one then the other?

Might have to give it a try.  I got some legal Walleye yet in the freezer!  

[mtheis]

Xplorer that look could have been from me.  I would be absolutely pissed and devastated if that happened to me.  It would ruin my whole trip.  And for what?  The CO's had their day.  I would have mine in court.  Being retired...I have all the time in the world!  The funny thing is when I was on Red, I would ask the bait shop owners what the rules were regarding this, and no one would talk.  It was our tough luck if we got caught.  It's Bullcrap.

Edited January 7, 2020 by mtheis

[Xplorer]

3 hours ago, leech~~ said:

 

Let's hear more about the Fry Magic and crushed Ritz part. 

Do you dip um in milk-beer then coat?  Do you mix the fry magic and Ritz together or coat one then the other?

Might have to give it a try.  I got some legal Walleye yet in the freezer!  

 

Take fillets (we usually cut into smaller pieces, easier to shake,cook) and dry with paper towel.  Shake in a zippie of Fry Magic coating.  Then dip in a egg and milk/beer mix. Then into a gallon zippie with crushed ritz (i use a food processor to do them at home and pre-zippie them before a trip).  Shake to coat,  and fry in your favorite oil, usually use canola here.

Simple and easy and good.  The double layer keeps the fish crunchy, not greasy.  Family likes the taste of the Ritz, but really any of your favorite dry coatings will work for the outer layer.  They go great with a fried onion and bacon sammy as an appetizer, and fried sliced baby reds and onions in bacon grease as a side.  Just dont have a cholesterol test scheduled in the near future 

[mtheis]

Xplorer that is an excellent way to cook fish!  Good job.  In fact, gonna try that tomorrow.

 

Edited January 7, 2020 by mtheis

[Wanderer]

9 hours ago, Bigfatbert said:

A reminder to all that CO’s and all other law enforcement officers can write tickets after tickets until the cows come home , but we all have the right to let a court of law decide if the supposed violation actually is a true violation of the law .

Just another reminder; once you get written a ticket they bank you paying it or pleading down to a petty misdemeanor, pay $100 and agree to no same or similar for 6 months to hit the reset button on your privileges being at risk.

 

That’s how it really works.

[Xplorer]

2 hours ago, mtheis said:

Xplorer that is an excellent way to cook fish!  Good job.  In fact, gonna try that tomorrow.

 

 

Hope you enjoy it!!   

It is way easier if you can have a second person doing the coating/shaking, while one does the fish frying.  

[mtheis]

Wanderer could you please say that again differently?  I don't understand what you are trying to say.

[Wanderer]

4 hours ago, mtheis said:

Wanderer could you please say that again differently?  I don't understand what you are trying to say.

Sure.

 

Once a CO issues.a ticket for a minor offense, you’re really considered guilty.  Most of the violations people get cited for are misdemeanor offenses.  If you get another ticket for a misdemeanor offense within a year or two (I forget), you lose your hunting or fishing privileges for one year.  Plus you have to report it if asked when applying for other non-resident hunting or fishing trips to other states or countries.  Plus, Misdemeanor offenses stay on your record and show up when a CO runs your DNR number giving them reason to check you closer in the future.  That’s how much it can snowball.

 

The courts count on people just paying the ticket since some are guilty,.  If you’re innocent you can go to court to fight it but it’s hard to overturn the “conviction” of getting a ticket in the first place.  Courts like to side with their LE officers for obvious reasons.  
 

If you opt to fight, you have to show up at the court in the county you were cited in for a preliminary hearing to plea bargain (guilty) or plead not guilty.  Plea bargains usually come with a reduced fine and reduction to a lower offense such as a petty misdemeanor which will drop from your record if you don’t get convicted  for a same or similar offense in the next 6 months.  This is where most people stop because it’s the easiest way out.  Pay a reduced fine and be cleared in 6 months. Walk away.

 

If you plead not guilty you have to return to court for a trial by judge or jury.  If you pick trial by judge you have a chance to negotiate a certified petty misdemeanor if found guilty.  If you pick trial by jury you lose the option of securing the petty and will get the misdemeanor if/when found guilty.  It’s very enticing to chose trial by judge.  Except you need to remember a couple things; 1) when you show up for your preliminary hearing you’re asked if you waive your right to an attorney.  99% of people do.  You can’t reverse that decision. 2) he who represents himself in court has a fool for an attorney.

 

It can be a significant expense to pass on the easy out options to try and prove your innocence.  Once you get that ticket, you’re paying whether you’re guilty or not.

[Tom Sawyer]

1 hour ago, Wanderer said:

Sure.

 

Once a CO issues.a ticket for a minor offense, you’re really considered guilty.  Most of the violations people get cited for are misdemeanor offenses.  If you get another ticket for a misdemeanor offense within a year or two (I forget), you lose your hunting or fishing privileges for one year.  Plus you have to report it if asked when applying for other non-resident hunting or fishing trips to other states or countries.  Plus, Misdemeanor offenses stay on your record and show up when a CO runs your DNR number giving them reason to check you closer in the future.  That’s how much it can snowball.

 

The courts count on people just paying the ticket since some are guilty,.  If you’re innocent you can go to court to fight it but it’s hard to overturn the “conviction” of getting a ticket in the first place.  Courts like to side with their LE officers for obvious reasons.  

 

It can be a significant expense to pass on the easy out options to try and prove your innocence.  Once you get that ticket, you’re paying whether you’re guilty or not.

 

[delcecchi]

Think of it as trying to beat a traffic ticket for something like speeding or failure to signal.   There are strategies but they might not work.  And they are a lot of aggrevation and can be expensive.   

[Roscoe16]

I have a friend who fished on opening day at Mille Lacs this past May.  He and a buddy caught 2 walleyes in the keep slot and put them in their live well.  They continued to fish catch and release for walleyes.  They were checked by the wardens who measured their 2 keeper fish and then asked them if they were still fishing for walleyes.  They said yes, catch and release.  The wardens said that is illegal, once you have a limit of a species of fish you can not do catch and release on that species.  That completely contradicts what the DNR told some of you above when you called in and asked.  They were given a warning,  no ticket, and told that if they were going to continue to fish they needed to target perch, bass or northern pike.  Talk about CONFUSING!!!

[eyeguy 54]

Crazy mn!!!!!!!!!!!

[eyeguy 54]

I have a dnr friend who told me to keep on fishing. 

[ozzie]

If you limit out you cannot keep fishing for that species but there is no way, unless you admit to fishing for that species, they can prove what you are fishing for as long as you tell them what it is you are fishing for.  Example: I limit out on crappies, I am no longer crappie fishing, but I am now sunny fishing or perch fishing.  Set up is the same, and the fish I am catching may still be crappies, but if I am asked I am not fishing for crappies anymore but rather sunny fishing.  CRAZY MN is right but that is how we play by the rules when the rules are questionable!

[eyeguy 54]

From what I hear that warden was wrong. 

[mtheis]

Since this question whether to keep fishing or not is contradictory even among game wardens, there needs to be an expanded question and answer section in the game regulations that have easy to read answers for all fisherman.  I am going to recommend this to the DNR when I call them again.

[mtheis]

I had a very close friend get ticketed (during the days when even portables had to be licensed) when he was sitting in his truck and watching tip ups.  (One of my favorite pass times.)  The Game Warden said that since he was fishing from his vehicle, it had to be licensed as well.  Couldn't believe it.  The CO Brad from Maplewood will forever be in my mind as one who was really pushing the limits to his authority.