South Dakota GFP

[Smoothie]

I need some advice,

I am a South Dakota resident and was fishing on 12/8 on Waubay lake. Did well. Early in the day I caught a walleye on a tip-up. The fish was hooked in the gill and bleeding when I landed it. It measured 16 1/8 inches (legal is over 16 inches) I didn't want to keep any walleyes but since it was bleeding I kept it. Later on a creel survey guy checked us. He measured the walleye at just over 15 3/4 inches. The fish was frozen by this time. The creel guy said he had to report the 'short' fish to the Day county warden - in the mean time the creel guy had me measure the fish in front of him and once again I measured 16 1/8. I was told I was measuring wrong, my license info was taken along with the fish by the creel guy and I was told they would get back to me. Today my county game warden (not Day) told me according to the Day county warden he had to write me a ticket. Before he wrote me the ticket he told me to fight the ticket in court. What do I do? The fine is $58, no big deal, but the principle of the matter is upsetting. I am usually very conservation minded when I fish and harvest fish. I thought I was doing the right thing when I took this fish. I would appreciate any feedback.

Smoothie

[walleyejigger]

If I was you I would fight it. Even if the fine is only $58.00. But first let me ask you? What device are you using to measure the fish? I know that the GFP uses a plastic typw of measuring device. Which in my books is a cheap way to measure. I use a Golden Rule ruler. Most people use a tape measure or a ruler or a adhesive one. But if you are using a Golden Ruler or one that is endorsed by B.A.S.S. PWT or the RCL. Then I say fight it all the way. I myself would never use a plastic measuring device. Because of cold weather or even in the summertime. I believe you did the right thing by keeping the 16 1/8 walleye because it was bleeding. Its chances of living would be questionable.

[Riceburner]

I'm wondering why he didn't resolve the issue when you measured it at 16 1/8 in front of him....but from what I've heard, I would exercise your right to plead your case in court. Did you keep the fish whole, for evidence? Tho it's not life/death, it's not just the money either...

[smoothie]

Good point with 'the golden rule' I did have a cheap tape measue and that is where I was wrong. The creel guy had a ruler mounted on a 2x4. The creel guy confiscated the fish.

Smoothie

[Riceburner]

Did you get it to measure 16 1/8 on HIS ruler too?

[Todd]

Wy did you let him take it he is a creel guy not a warden he cannot do that

[VDuff]

Todd, that is what I was thinking. Are the creel survey guys biologists of wardens? Are they there to take data or write tickets? If you measured it in front of him and it was 16 & 1/8 then he should have to prove that your measuring device was inaccurate.

[MikeSD]

How were you measuring wrong? Were you showen the correct way?

[smoothie]

I was told I was measuring wrong because I held my tape over the fish, creel guy said to lay the fish on the tape - I did not do that in front of him mainly because the fish was frozen - mouth open tail frozen. I can see where my way would be inaccurate if I put the tape on the fish, you would then measure some of the 'bend' of the fish. If this fish is trully short than that is where I screwed up. My measuring technique sucks, I admit that, I usually get around it by only keeping fish longer than 16 1/4. (if I am keeping any fish) In this case the fish was probably going to die and I did want to waste it. I am glad to hear the talk about the creel guy from others - I thought they were biologists/ helpers who didn't enforce. It would be similar to me walking around the ice measuring fish, confiscating them and calling the GFP who tickets without seeing me.

Thanks for the feedback,
Smoothie

[ryan]

Do you feel you were right or don't you quite know? If you are confident you are correct in this matter, go to court. The creel guys are not wardens and many times are just college students working towards their degree in wildlife management or biology. I am not certain that he has the right to take your fish. If it were me, I would have had him call the game warden to the spot. Once the evidence is gone, its your word vs. his and that's a tough battle for you. One note about all the plastic/stick-on rulers, DO NOT USE THEM!! They shrink! Get a golden ruler or something of that nature. Good Luck in this matter and let us know how it goes, I'm sure you're not the only one that will be in this situation.

[wildlifer]

In your last post you admitted your mistake. You measured the fish incorrectly. The rule book clearly states that the fish should be laid flat on the tape or ruler for proper measurement. Why try and go to court when you know you messed up. Sure, the fish was bleeding and you thought you were doing the right thing, but why don't we all use that excuse then? Hooking mortality is figured into the management of the lake's harvest. Be a man and pay your fine.

[Eyez]

Reading this whole thing, I'd pay the fine and make sure you measure your fish according to state guidelines from now on. It sucks and it's a hard learned lesson, but you did it incorrectly, and no judge is going to side with you because of that.

Eyez

[Bret N]

As someone that works in the MN court system everyday, I can tell you that usually game and fish violations of this type are not that big of a deal in the grand scheme of things. Perhaps they are in SD, that I don't know. Poaching a deer or going way over your limit is a whole different matter. But I would imagine that you would be able to work something out with the prosecutor if you wanted to. I would try and get a continuance for dismissal if you paid say $58 in "court costs" and had no same or similar incidents in the next year. The real question is not the amount of the fine, but will the ticket impact your hunting or fishing priviledges. Here I think you need 3 "minor" violations before it impacts your hunting or fishing priviledges. I would think that a prosecutor would understand that you were trying to do the right thing and not wasting fish by releasing an obviously injured fish to die, especially since you measured it as being legal. Also, it sounds like you learned the lesson in how to properly measure it.

However, if the creel guy measured it w/o pinching the tail because it was frozen, that's not an accurate measure either. If they kept the fish as evidence, really it should be thawed out and remeasured to know for sure if you're in violation. Because the system as a whole is not going to want to do that kind of work over this type of case, I would bet you could work it out w/ a continuance for dismissal but it'll cost you a day off and going to court to deal with it. There's always tradeoffs and costs involved and usually A LOT of waiting around in going to court. Hope that helps. Bret

[Smoothie]

Thanks Bret

[Tasteedan]

Why on earth would you even consider fishing on a lake that has size restrictions without a golden rule or something more reliable than a tape measure? I say you might be getting exactly what you deserve! Perhaps you should match your $58 fine with that amount of golden rule measuring sticks and put them in (or with) everything you fish in.

[VDuff]

I know of people that have been pinched using the golden rule. I had a CO tell me that it is one of the most inaccurate of all of the measuring devices. Does anyone know if you have to show a creel survey guy your fish? Is there a law that says you have to in SD. I have joked to other creel survey people that we were hiding fish and they just laughed saying that they really don't care because that is not their department.

[fishandhunt1]

That is just the politics in this state we live in. Our GFP Dept is the biggest joke on earth. they dont see a problem for about 3 years after it is to late. I would say fight it for all it is worth. That guy is suppose to be doing surveys and only surveys. I bet you didnt see no badge on him did ya. If he would try to take my walleye we would have a law inforcement officer out there before long along with a meat wagon cuz one of us would need medical attention and I would hope it would be him. FIGHT!!!!!!!!!!!!!!!!!!! Larry

[smoothie]

Thanks for the feedback, with my job I actually have Wednesdays off - which is the day of my court appearance, I plan on showing up.

Smoothie