Is it Legal to Cull Fish

[CJHughes@Norstan.com]

Is it legal to cull fish in the state Of Ohio ? I heard a Game Warden tell a man who had his limit of six saugeye if he caught another one when he touched it he was going to write him a ticket .Is it legal to keep on fishing even if you turn all that you catch loose or should you start turning them loose on number 5 . This guy packed his stuff up and went home . I am confused on this what if the GW saw this guy catch and release six fish does number seven cost you . I know the law reads possession limit is six but does that include touching it to turn it loose ?

[Busy]

The law is intended as possession only. If you have a fish hooked, you are considered in possession of that fish. If you have 6 on a stringer and you hook another one, you are considered in possession of 7 fish. If you have 6 on a stringer you must leave. But if you have 5 on a stringer you can continue to fish for as long as you want provided you release every other fish you catch. Once you have put the 6th fish on a stringer it is time to leave. I don't like it but it's the law. I wish I could fish all day even after I have caught my limit. So any more I just keep first five and release everything else until it is quitting time. Some days I go home with 5 and others I will go home with a limit.
I talked with a few game wardens about this on the Maumee River during the spring run (when limit is 4) to make sure I was following all the proper laws.

[Ron]

As far as I have read and heard, if the limit is 6 daily,
keep 5 and then catch and release. If you have 6 in the boat
and catch another, even if you plan on releasing it, you are one over
your limit. Heard rumors that the following happened in Canada. Guys were having shore lunch, ate part of their daily limit and then
went back out and filled out the limit and they were caught with too many fish as they counted the ones they ate. Be on the safe side and stay short if there is any question.

[CJHughes@Norstan.com]

All this time I was breaking the law and I didn't know it thanks for the info guys .

[ETT]

Actually in Canada culling is illegal. If you reduce the fish to possesion, you are no longer allowed to release it. Or said an other way, if you're going to turn it loose, you must do so immediately after catching it.

This issue varies state to state.

[THUMPER]

Many people have been charged with the shore lunch thing. A lot of people do not know they are breaking the law. A co worker was charged a few years back for this offence and it ruined his trip. His fishing equipment was confiscated and he was fined.

[Hawgeye]

The way I understand that shore lunch thing is that your are allowed "x" number of fish per day. If you catch "x" that day, go in and eat and catch more fish, it is definately breaking the law.

However, if you legally fish for 2 days, catch your limit the first day, eat it, than procede to catch your limit the next day. You now have only one limit in possession even though you ate a possession the previous day. In Canada where we fish you are allowed one possession of fish. I am assuming that you could actually eat a possession and as long as you fished a second day, you would be able to return with a possession.

[BD]

Sounds kind of fishy to me. If you are fishing for northerns (open season) and catch a musky (closed season) accidently are you in violation of the law if you release the musky asap? If you have your limit of eyes and catch another eye while fishing for smallmouth are you in violation if you release the extra eye asap? I believe you should check with a local DNR center for the exact info on this.
Culling is taking a fish you have on a stringer or in a livewell and replacing it with another fish. This will get you a ticket.

[Peanut]

Hawgeye, I think your understanding is right on. You can only keep "X" per day, not have only "X" or less at any one time. If you eat some at lunch, they still count towards your daily limit.

derrek.

CANADIAN WALLEYE OPEN UP AND SAY "EH"!

[bob oh]

I think this is a tricky stiuation. Just catching a fish over your limit would not necessarily break the law. Suppose you are fishing Huron and catch your walleye limit and then attempt to catch steelhead or smallmouth and catch a walleye. If you release that fish you have not broken the law. If you replace a fish you have in the livewell you are technically breaking the law because you have "boxed" 7 fish, even temporarily. However, up until the 6th eye you can cull in Ohio if you are releasing "live" fish because there is a law about releasing "dead" fish ;-) I think you could run into trouble if it is apparent that you really are targeting fish that you have a limit of. Say you are drifing for eyes and have your limit and tell the warden you are targeting sheephead - you might be in trouble ;-)

[Mille Lacs Guy]

How do the tournament guys get away with culling? I know in Minnesota culling is illegal, but when the PWT comes you always hear of guys trying to upgrade. When they say upgrade I assume that if the tournament limit is five, they keep the first 5 legal fish they get and then upgrade after that. From what I understand once the fish goes in the well or on a stringer you have to keep it, if you throw it back for another fish of the same species it is culling. I'm I wrong on that? Or does the DNR give a special permit for tournaments to allow culling.

[Eye's ON]

Just talked to my buddy.
He is a game warden in Wisconsin.

BD you are correct at least in this state.
Pocession is when there is intent to keep.
such as putting it in a live well or on a stringer or in a buckett.
The game warden in Ohio that said this should be turned in to the ODNR.

[Skis]

I think what you are talking about on the tournament circuit is a boat having 5 walleyes in the boat and upgrading when there are two people fishing in the boat. With two people, you can have 6 walleyes per person in Minnesota, if I remember correctly. So the pro/amateur team could have 12 fish, but with the tournaments, they only weigh 5 or 6 of them. They catch 5 for sure to weigh, they just hope some of the next 7 they catch will be heavier than the original 5. They don't exceed the daily limit that way.

[Tom (N.W.Ont)]

Bob Oh

Oh how right you are! In Ontario I believe even if you are fishing an area and are catching a 'closed' species while honestly fishing for a species that is in season, you must leave the area. I'm sure there is some flexability here...if you are in your bass honeyhole in the spring and catch ONE walleye, it likely isn't an issue. BUT, if you catch that second or third walleye and continue to try for bass, that may be a difficult story to sell to a C.O.

As far as the culling/swapping of walleye, in Ontario it is illegal. Fishing for a like species with a full limit is also illegal. BUT, if I continued fishing for other species with a full limit and accidently caught (and released) another fish, I'd certainly be pissed off if some C.O. came out of the woodwork and pinched me. Its difficult to prove intent, but I'd be jumping up and down in my own defence.

tom

[Eyez]

Exactly. SD is a no cull state, tournament rules are you can have 7 or 8 in the boat (depending on the tournament) and you can only weigh 5. The other fish are yours to do what you want with afterward. You can throw them back afterwards if they're in good shape, or you can take them home and eat them. One thing to keep in mind though, is even though you're gonna throw them back anyway, don't do it while you're on the water. a CO has no idea how many fish you've taken out of your livewell and released. Even if you've only released 2, have 5 in your livewell to weigh, for a total of 7 walleyes you've reduced to posession, it could be called culling.


Eyez

[Dave in Mpls]

In Minnesota, there is NO law prohibitting the culling of fish. The limit for walleye is 6, and once you reach 6 fish, you are done fishing. However, if I have 5 fish in my livewell and catch a sixth fish, I can return ANY ONE of the six fish now in my possesion back to the water and continue fishing. In Minnesota, you CAN cull fish.

Regards

[RANGER]

No culling in Pennsylvania either. VERY stiff fine and you could have your stuff confiscated.

[Fish-on]

If this is the case, take a look at this scenario: You and I are fishing together and we need one more fish to fill out our limit. We catch a double, so we both have a fish on at the same time. Whoever touches their fish first gets a ticket?

Or do you go back to who caught each of the individual fish? Let's say I have my limit but you've only caught one. Does that mean I have to put my rod down and read a book or do my nails while I wait for you to fill your limit? Most of this stuff is splitting hairs and it would be almost impossible for a CO to prove his case in court unless he had a video camera on you all day.

[eyegetit]

Ranger, Is culling defined in the regulations that come with your PA license? I know it's not in my OH reg's. Ohio simply calls it a "bag limit" of 6 eyes. I guess I'm now confused on the exact definition of a bag limit.

[Dave in Mpls]

In Minnesota, you can "party fish"

See page 28, 3rd bullet item:

http://www.dnr.state.mn.us/fish_and_wildlife/regulations/fishing/2001_fishing.pdf

Regards

[RANGER]

No, not per se, it is interpreted in the limits sections, just like yours BUT my Dad's buddy is an F & G officer (ret) and he has explained this to me several different ways. Yes, it is subject to interpretation but when I challenged him on this he looked at me, smiled and said, "Now, which way do you think it will go?" I know, I know................!

Let's face it - we ALL know that this is arguementative but that's why the lawyers are rich and you and I aren't. I don't like it either!

[eyedoktr]

In N.Y if there are two in a boat and they only need one fish for a double limit, there better be only one person fishing.

[JCarp]

Good question. I went ahead and called ODNR. General number lady refered me to the "in-house expert". According to Mitch Carpenter of Ohio DNR (614-265-6379)you may continue to C&R after you have kept your limit. You may not continue to cull after you have caught your limit. You may cull prior to having your limit. Key is attaching the fish to a stringer/live well = possesion.

[eyegetit]

Just seems to me that if culling brings stiff fines & confiscation, then maybe they (the DNR) should inform people. When I see the term "bag limit" I think of a bag, stringer, livewell, bucket, trunk of a car, etc. --- not a fish still on the hook or in my hand ready for release. Good topic.

[RANGER]

Yep!! I HEAR you!!