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Author Topic: DNR giving tickets for "attempting to catch bass"  (Read 23024 times)

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Mike Nolan

DNR giving tickets for "attempting to catch bass"
« on: April 14, 2011, 09:12:30 AM »

I've heard people are getting tickets at the Hot Ponds for catching and releasing bass.  The DNR has always claimed the reason we have any seasonal retractions on catching bass is to protect the spawn.  However we now have a catch and release season on bass during the spawning season.  What possible reason could the DNR have for ticketing people that are catching and releasing bass prior to the official opening of catch and release season other than to raise revenue?
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Lightningboy

Re: DNR giving tickets for "attempting to catch bass"
« Reply #1 on: April 14, 2011, 09:52:54 AM »

Haven't heard of anyone getting a ticket, be interesting to hear from someone who got one.  I'd like to know how they could prove intent to catch bass since any bass caught could be "incidental" to fishing for other things.  I'd be intersted in hearing what the officer had to say when handing that one over.

Nice to see you around here, binkwood.  Lightning's still running like a scalded dog... ;D

KenB
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jcox7

Re: DNR giving tickets for "attempting to catch bass"
« Reply #2 on: April 14, 2011, 02:04:02 PM »

I would venture to say because it is the law??
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fasttrack

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Re: DNR giving tickets for "attempting to catch bass"
« Reply #3 on: April 14, 2011, 04:04:46 PM »

I would venture to say because it is the law??

Exactly (like it or not)! And since not much else is open right now it would be pretty hard to say you were not targeting bass or another out-of-season species. Unless you only had a cane pole, #12 snelled hooks and box of redworms in your rowboat.
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SethV

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Re: DNR giving tickets for "attempting to catch bass"
« Reply #4 on: April 14, 2011, 07:33:27 PM »

I doubt it would ever hold up in court.

DNR has too much time on their hands.   :-[
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motocross269

Re: DNR giving tickets for "attempting to catch bass"
« Reply #5 on: April 14, 2011, 08:00:57 PM »

Get out and do some walleye fishing...Taste much better and their in season... ;D
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markgoetsch

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Re: DNR giving tickets for "attempting to catch bass"
« Reply #6 on: April 14, 2011, 08:23:28 PM »

they were fishing for walleyes, pike, and catfish I'm assumming and they're all in season.

Redbone

Re: DNR giving tickets for "attempting to catch bass"
« Reply #7 on: April 14, 2011, 09:09:18 PM »

It is impossible to prove  unless you admit to what your doing. Plain and simple. I really doubt a ticket was issued for just a catch and release.
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peters_skeeter

Re: DNR giving tickets for "attempting to catch bass"
« Reply #8 on: April 14, 2011, 11:03:44 PM »

How does that sign go? If it walks like a duck and something something...... Point is, you're out in a bass boat, using a 7' bait caster, throwing a bass lure, ugh...... you're fishing for bass.
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Re: DNR giving tickets for "attempting to catch bass"
« Reply #9 on: April 15, 2011, 01:30:57 AM »

In reality it is one of those Laws that cannot be truly enforced unless you are blantantly trying to get ticketed.  You could be out in a 21-foot Z-Comanche with 2 power poles, 8 graphs, 10 baitcasters on each side of the deck, in a tournament jersey with a Bassmasters Camera Boat with Jerry Mckinnis and Mark Zona filming you while you catch 100 bass AND you still could not be ticketed for "targeting" bass................BUT when the Conservation Officer approaches you after watching you catch 100 bass and you say "we're bass fishing" then you deserve to get all of the forementioned stuff taken away with even Jerry and Mark thrown into to jail just from the display of ignorance and stupidity!  I like to fish for Sheephead, Catfish, White Bass and even Bowfin this time of year and my tactics are the same for those species as they are for Bass (oddly enough I rarely catch any of the species I'm targeting though!!!).  To be frank most CO's and a growing majority of DNR personnel feel that if you have a brain you are free to use it to do what you like as long as there are no negative affects to the fishery - the last 10 CO's I have spoken with over the last 2 years have all said you have to be a drunk version of Forest Gump on crack to be ticketed (ok they did not say that exactly but they did imply it isn't something they setup sting and undercover ops. for because no judge in the state would uphold the ticket). 

Maybe we can look into ticketing the Bass for biting rattle traps before C&R opens up.....Crappie LOVE traps from what I hear ;D ;D ;D ;D

Bottom line is attitudes about the Bass Season are changing within the agency that governs it so you'll see some new regulations coming in the next year or 2...........Happy Crappie, White Bass, Catfish, and Bowfin fishing!!!!
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motocross269

Re: DNR giving tickets for "attempting to catch bass"
« Reply #10 on: April 15, 2011, 12:03:20 PM »

I guess my point was the "Closed" Bass season doesn't really bother me....It forces me to target other species that I don't have the time to fish for during the season....Steelhead, Walleye, Crappie, etc etc...
During the Tournament season it is all about trying to find a pattern and waypoints that will hold together for a few weeks....Early in the year I get to just "Fun" fish for other good tasing species.. ;D
My work schedule severely limits my fishing opportunities so after June I really have to focus on tournaments...

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Lightningboy

Re: DNR giving tickets for "attempting to catch bass"
« Reply #11 on: April 15, 2011, 12:19:30 PM »

From a basic legal standpoint, I'd like to know how "attempting" to catch bass can be proven.  When an officer tickets you for speeding, they are acting as witness that they saw you actually speeding.  If you were to fight the ticket in court, they must actually take the stand & act as witness.

Now, if I had a bass locked on a nest, and I am actively throwing baits to it, and it is witnessed that I am doing so, I am "attempting" to catch said bass.  But I need to be witnessed as actually targeting a bass.

But if I'm just casting a lure in the lake, can you prove what I'm fishing for? 

Each year I take an afternoon to tune my cranks.  I'm not actually fishing for anything; I just want to keep my cranks running true.  Since most are bass sized lures, am I "attempting" to catch bass?

Intent is difficult to prove in court, since you must prove what the defendant was thinking.  I don't see where a court would take up valuable time proving intent to catch bass out of season.
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fasttrack

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Re: DNR giving tickets for "attempting to catch bass"
« Reply #12 on: April 15, 2011, 03:04:40 PM »

Let me say I agree with the points being made, and I wish as much as anyone we didnt even have to deal w/ this topic. But in looking at the other side, I don't see it being that hard to prove intent in most circumstances. (Unless you put a pike or crappie in the 'well right away - something to show the CO!) The courts have crazier things go thru the doors every single day. And they probably bank on the fact that most people will pay a fine versus taking the time, headaches, stress, expenses of going all the way to court. I had to appear before the State Licensing Board a few years ago for a work-related item. They told me straight up that it was stupid I was there, that it was a trivial technicality, but because someone made them aware of it they had no choice but to follow thru. I could have spent thousands of dollars and 2-3 yrs fighting it or paid the minimum $500 fine and walked away. I personally dont see it worth the risk - even if its a pretty small risk.
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fuzzygrub1611

Re: DNR giving tickets for "attempting to catch bass"
« Reply #13 on: April 15, 2011, 03:31:41 PM »

 the risk in fishing off season is they can take and hold everything you have including your boat and truck until your court date. Almost never happens but some have lost rods or full tackle boxes because they were misplaced. best thing is stay inseason.
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REEL_MAN

Re: DNR giving tickets for "attempting to catch bass"
« Reply #14 on: April 15, 2011, 06:49:43 PM »

Hey Guys, Come on down to Indiana we DON"T have a closed season, then you don't need to worry about the DNR ;D  You just need to think about catching fish

REELMAN
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mikesmiph

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Re: DNR giving tickets for "attempting to catch bass"
« Reply #15 on: April 15, 2011, 07:12:41 PM »

You guys who think "NO" court will "NOT DO" anything, must not remember the millions of dollars awarded BY A COURT, to the stupid woman who spilled hot coffee on herself. There is no court in this land that you can guess what they will do with anything.
  A short version. A LONG time ago, when I was a police officer, I got in trouble. My punishment was to walk a beat in downtown Flint. I found in the books a law that stated you MUST have your parking brake engaged to be legally parked. I started ticketing every car that didnt have said brake ingaged. I NEVER lost one of those tickets in court. Dont assume
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ronhuntfish

Re: DNR giving tickets for "attempting to catch bass"
« Reply #16 on: April 15, 2011, 07:33:59 PM »

It comes down to ethics.  Law says the season is closed.  Just like hunting.  In 25 years of hunting I have never seen a CO in the field, not once.  I could shoot any deer I want with any weapon any time and my chances are pretty good I won't get caught, but I still follow the rules.  Just because they can't prove it does not make it ok.  I see to many people who don't think the rules apply to them.  Makes it hard to teach my kids to 'follow the rules' when they see LOTS of other people who don't.   

dartag

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Re: DNR giving tickets for "attempting to catch bass"
« Reply #17 on: April 15, 2011, 08:58:18 PM »

14 days until this topic is closed.  ( for this year ).   
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MBell

Re: DNR giving tickets for "attempting to catch bass"
« Reply #18 on: April 15, 2011, 09:53:06 PM »

Hey Guys, Come on down to Indiana we DON"T have a closed season, then you don't need to worry about the DNR ;D  You just need to think about catching fish

REELMAN
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You said it, take your money to another state we don't want it!  I understand a catch and release season but don't understand the closed season and why it starts on the 1st of the year.  At least Ohio's season is based on protecting the fish.  Why would we want to be the smallmouth version of Guntersville? 
-Matt
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motocross269

Re: DNR giving tickets for "attempting to catch bass"
« Reply #19 on: April 16, 2011, 06:56:00 AM »

It comes down to ethics.  Law says the season is closed.  Just like hunting.  In 25 years of hunting I have never seen a CO in the field, not once.  I could shoot any deer I want with any weapon any time and my chances are pretty good I won't get caught, but I still follow the rules.  Just because they can't prove it does not make it ok.  I see to many people who don't think the rules apply to them.  Makes it hard to teach my kids to 'follow the rules' when they see LOTS of other people who don't.   

Good point Ron.....
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