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Thread: Catch & Release
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02-16-2015, 11:36 AM #1
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.
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02-16-2015, 11:51 AM #2
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!
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02-16-2015, 12:50 PM #3
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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02-16-2015, 01:25 PM #4
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.
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02-16-2015, 06:14 PM #5
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 itLast edited by mkalink; 02-16-2015 at 06:46 PM.
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02-16-2015, 07:05 PM #6
Here we go.
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02-16-2015, 07:47 PM #7
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/1531.01Wakina
23 foot Pro Line
HDS 5X Sonar
HDS 5M GPS
Navonics chip, model #DMSD/649P+
Platinum Plus Lake Erie and Lake St Clair Marine.
Raymarine Dragonfly7 Sonar-Downvision-GPS combo with chirp technology.
Navonics Hotmaps Premium East chip
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02-16-2015, 08:23 PM #8
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/1501:31-13Last edited by mkalink; 02-16-2015 at 08:29 PM.
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