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Thread: Catch & Release

  1. #11
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    The first thing that I would like to clarify is that the first part of this post is only my opinion!

    I do not target the post spawn nor the prespawn females during the jig bite. I just go out and jig for walleyes and what ever I catch that is of legal size goes into the cooler as part of my legal creel limit for that particular day. It makes no difference if it is a jack or very large egg laden female which almost never happens.

    In the past I had trolled for the large females, unfortunately on one occasion I caught a very large female that was what appeared to be well over 10lbs. I released that fish and as I watched, that fish went belly up on the surface never really getting out of sight. I pulled my lines and went back and repossessed that fish and added that fish to my daily creel limit. Since that time I stopped all catch and release of legal sized walleyes unless forced to release one because of multiple hookups while only needing one more fish to fill my daily creel limit.


    I do feel that some of the post(s) on this thread are not quite correct and at least one is almost totally wrong. So! Here is something to think about to apply to the few post that I am talking about!!! I think we will all be able to sort those post out.

    Here are some examples/scenarios that could take place on the lake hundreds of times on any given day while fishing for eyes.

    While fishing by yourself and needing only one more eye to fill your daily creel limit, would you be limited to just one rod since you only need one fish? Would you be breaking the law if you happened to hook 2 eyes at or about the same time? Would you release the first fish that you brought to the boat if it was an eye not knowing what was actually on the other end of your 2nd rod? If you put the first eye in your cooler making it your final fish to fill your daily creel limit would you then be illegal if you brought in the 2nd fish and it turned out to be an eye even if you released the 2nd fish immediately?

    Now if there would be 4 of you and you only need one fish would you limit your group to just one rod or would you continue to fish with 8 rods? If you continued to fish with all 8 rods would that make 3 of you illegal?

    I think we all know the answers to the above hypothetical scenarios/questions don't we.

    Catch and release means exactly what the phrase implies. Deliberately going out 1,2 or more times in one day and catching and keeping several fish over the daily creel limit is not catch and release but it is exactly what it appears to be! It is over bagging/poaching and it is not, nor is it related to, catch and release.

    The ethics involved with catch and release is a personal choice so long as it is within the law as written. If it is done outside the law then it is illegal and no longer a question of personal ethics but is criminal. We all know how honor among theives works don't we?

    If a fellow fisherman does not believe in the laws as written and feels there should be a change made, they should lobby the proper agency to change the law which in this case is the ODNR. Chastising those who are following the law does not get the job done but does cause quite a bit of animosity among us fellow fishermen. It is nothing more than preaching to the choir, we all know that does not work don't we?
    Wakina
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  2. #12
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    Quote Originally Posted by wakina View Post
    The first thing that I would like to clarify is that the first part of this post is only my opinion!

    I do not target the post spawn nor the prespawn females during the jig bite. I just go out and jig for walleyes and what ever I catch that is of legal size goes into the cooler as part of my legal creel limit for that particular day. It makes no difference if it is a jack or very large egg laden female which almost never happens........................?
    Great post Wakina. I think I agree with everything you said. I would also reiterate your point about over-bagging. It's illegal to keep more than your daily limit, period.

    I don't normally "fun-fish" after limiting. In fact the only times I have done this over 30 years is less than 5 times probably and it has always been on the jig bite. When we drive 5 hours to fish and we limit out on the reefs in 45 minutes jigging... It's tough not to stay out on such a fun bite and fun-fish for a while... Throwing back everything over our limit immediately regardless of size! I don't cull fish, especially walleye!

    However, even though I do not AND WILL NOT cull walleye, I have heard from 3 different captains that in the charter captains classes that they are taught that it is perfectly legal to do so. One captain told me that it was a major discussion with many long time fisherman disagreeing with the instructor and that they finally had to concede because it is not a prohibited act. What I found amazing was that even if they are throwing back dead fish it is legal (supposedly). Again, this is what I have been told by captains as to what they are taught in their license classes. I have asked several about it after the first one told me this and they have all confirmed that while they don't practice it, it is legal.

    I am not one to make stink about someone choosing to do something different than I would, as long as what they are doing is legal. However, I would frown pretty heavy and lose a lot of respect for anyone that is culling fish and throwing back dead walleye! Legal or not!

    -Matt

  3. #13

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    Quote Originally Posted by Madd Matt View Post
    Anyone who says that it is illegal to continue fishing once you have a limit of walleye in the cooler isn't thinking too clearly.

    I think very clearly the DNR boys aren't stupid.

    If you have a limit of walleye then you can't keep anymore. Now if you want to argue culling... that is another story.
    Once you get your limit you have to stop fishing that is what limit means.


    However, if the DNR checks me while I am out trolling and we have our limit of walleye... then obviously I am no longer fishing for walleye... I am fishing for white perch, sheephead, yellow perch, catfish and steelhead. Duh!

    This won't work

    If I am fishing for sheephead and I catch a walleye is that illegal? No. As long as I don't keep the walleye.

    This won't work

    There is no law that even remotely comes close to saying that once you catch your limit of one species then you are done fishing for ANY species the rest of the day.
    Your right here too


    There are MANY days where we have limited on Walleye, and then gone and anchored and perch fished.. While fishing for perch we caught a walleye. We threw it back. No laws where broken.
    Your right no laws broken here.

    If I catch my limit of walleye through the ice and continue to fish, then its pretty obvious that I'm hoping for yellow perch now.
    It won't fly with them, if you are still jigging Raps or pimples.

    See what happens when you have your limit of walleyes and you tell the ODNR your fishing for Sheephead. They are not morons. I have discussed this with ODNR personal, granted you most likely won't go to jail but you are done fishing for the day.

  4. #14

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    Quote Originally Posted by mkalink View Post
    It won't fly with them, if you are still jigging Raps or pimples.

    See what happens when you have your limit of walleyes and you tell the ODNR your fishing for Sheephead. They are not morons. I have discussed this with ODNR personal, granted you most likely won't go to jail but you are done fishing for the day.
    Whether they're morons or not, there is no law against catch and release fishing, regardless of whether or not you've caught your limit. There's not. Even so, whether they believe you or not, there's no way they can prove that you're still targeting a specific species. More importantly, if I catch my limit of walleye and continue to fish, I AM targeting sheepshead because they're more fun to catch than a walleye anyways!

  5. #15
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    mkalink!

    Here is an example that blows your theory away!

    From May 1, 2015 to June 27, 2015 there is a no possession limit imposed on all of the black bass species in the waters of lake Erie and its Tributaries. The season is not closed to fishing for them but possession is prohibited during this time of year.

    On any given day there will be fishermen targeting the male small mouth bass as they guard their nest from invaders intent on eating the eggs in those nests. By all practical purposes fishing for small mouths during this time of year would be illegal when applying your theory as one would have already reached his possession limit of 0 bass before even leaving home. So why does the state allow one to target those fish if there is no such thing as catch and release?

    Here is the link to the ODNR 2015 Fishing Regulations.

    http://wildlife.ohiodnr.gov/fishingregulations

    Please feel free to provide myself and all other interested parties with a link or links that would support your argument about catch and release. Links to the state ODNR would be acceptable of course and actually preferred to links that only provide the writers opinion(s).

    In Ohio the only evidence that is acceptable in a court of law for Over Bagging is the actual fish that were in the violators possession at the time of his arrest and can be proven to have been caught all within the day in question or other viable evidence that the offender had indeed reduced to many fish of one species to bag within any given day.

    Charging a person with intent and proving that person had the intent to reduce more than the allowed amount of fish to bag is impossible as only the fisherman knows what his intentions are or were at the time of the citation.
    Last edited by wakina; 02-16-2015 at 01:05 PM.
    Wakina
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  6. #16

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    I've also been been told by a cop that I should notify them that I'm a CCDW holder even if I'm not carrying (which is false) and that in Ohio if I'm riding a motorcycle without a helmet, I need to wear glasses even if I have a windshield (also incorrect). While I don't doubt you may have been told this by a game warden, it's completely incorrect and you have every right to continue fishing after your limit is in the box. In reality, you can catch every walleye in Lake Erie in a day, kill them, then throw them back in the water so long as you only keep your 6 (or 4 in April). I personally don't have a problem with someone continuing to fish past their limit, so long as they are responsible enough to take care of any additional fish they catch and ensure they're released quickly to maximize their chance of survival.

  7. #17

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    Straight from the Ohio revised code Chapter 1533 Fishing and Hunting:

    Throughout the state it shall be unlawful for any person to take or possess more than six saugeyes, six sauger, or six walleyes, singly or in the aggregate in any one day while on of any stream, river or other body of water where fishing therein requires the licenses set forth in section 1533.32 of the Revised Code;.
    If you and your buddy are fishing for walleye and you have 12 in the box. You continue fishing and catch another one technically you are in violation you are not allowed to possess more than 6 per person at any one time. This is my point if the ODNR wants to cite you they are well within the law. Will they? probably not.

    Hoytman this is for you. I do agree with you on the sheephead, nothing like the pull and fight of a big one.
    G) It shall be unlawful for any person at any time to place or dispose of a dead fish in a stream, river, pond, lake, or any other body of water or upon the banks thereof, except dead fish or parts of fish may be used as bait or a lure.

    The Black Bass season was set up to allow for catch and release.

    As for the evidence of over bagging, pictures with date and time imprint and testimony from the arresting officer will suffice in court. Seen it
    Last edited by mkalink; 02-16-2015 at 06:46 PM.

  8. #18
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    Here we go.

  9. #19
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    Quote Originally Posted by mkalink View Post
    Straight from the Ohio revised code Chapter 1533 Fishing and Hunting:

    Throughout the state it shall be unlawful for any person to take or possess more than six saugeyes, six sauger, or six walleyes, singly or in the aggregate in any one day while on of any stream, river or other body of water where fishing therein requires the licenses set forth in section 1533.32 of the Revised Code;.
    If you and your buddy are fishing for walleye and you have 12 in the box. You continue fishing and catch another one technically you are in violation you are not allowed to possess more than 6 per person at any one time. This is my point if the ODNR wants to cite you they are well within the law. Will they? probably not.

    Hoytman this is for you. I do agree with you on the sheephead, nothing like the pull and fight of a big one.
    G) It shall be unlawful for any person at any time to place or dispose of a dead fish in a stream, river, pond, lake, or any other body of water or upon the banks thereof, except dead fish or parts of fish may be used as bait or a lure.

    The Black Bass season was set up to allow for catch and release.

    As for the evidence of over bagging, pictures with date and time imprint and testimony from the arresting officer will suffice in court. Seen it
    I cannot seem to find the information that you are referring to in Section 1533.32 of the Ohio Revised Code as it would pertain to the daily creel limits and catch and release. Here is the link to that section. I have also included the link to section 1533 of the Ohio Revised Code in its entirety. I cannot find it in there either!

    http://codes.ohio.gov/orc/1533.32

    http://codes.ohio.gov/orc/1533

    But I did find this in sub paragraphs G, H and I in the following link with the definition of take or taking defined in the very last sentence of sub paragraph G.

    http://codes.ohio.gov/orc/1531.01
    Wakina
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  10. #20

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    Quote Originally Posted by wakina View Post
    I cannot seem to find the information that you are referring to in Section 1533.32 of the Ohio Revised Code as it would pertain to the daily creel limits and catch and release. Here is the link to that section. I have also included the link to section 1533 of the Ohio Revised Code in its entirety. I cannot find it in there either!

    http://codes.ohio.gov/orc/1533.32

    http://codes.ohio.gov/orc/1533

    But I did find this in sub paragraphs G, H and I in the following link with the definition of take or taking defined in the very last sentence of sub paragraph G.

    http://codes.ohio.gov/orc/1531.01
    There is information spread all over the place. As for the take or taking definition kind of shoots the hell out of your argument. I didn't just make this up to be an ass. I just wanted to put the information out there.
    Here's a link. Sorry it is found in the Ohio Administrative Code
    http://codes.ohio.gov/oac/1501:31-13
    Last edited by mkalink; 02-16-2015 at 08:29 PM.


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