Party fishing in South Dakota

[REW]

Because of a recent concern on regulation on Party fishing, daily and posession limits in South Dakota; I just sent the following letter to the South Dakota fish and game, requesting clarification:

It will be interesting to note and response from thier ruling board.

Letter to the DNR as follows:

have checked the south Dakota fishing regulations very closely, and see nothing which addresses the question of party fishing.

For example.

Lets say, that we have a group of 10 fishermen, in 3 boats, fishing on a lake or river, which has a daily limit of 6 walleyes per fisherman.

Lets say that one fellow in particular is having a very productive day. He catches his 6 walleyes, and then goes over to his buddy's boat which has caught no walleyes, and gives his fish to his buddy.
Thus the first fisherman, currently has 0 fish in his possession, and the 2nd fisherman, now has HIS limit (given to him by his buddy) of 6 fish.

The 2nd fish returns to his home.

The 1st fisherman, then goes back to fishing and catches 6 more walleyes, and goes to the 3rd boat, and gives his 6 fish, to his 3rd buddy.
Now the first fisherman, has 0 fish in his possession, and the 3rd fisherman has 6 fish in his possession (given to him by his buddy).
The 3rd fisherman, now leaves the lake and goes home with 6 fish.

Finally, the first fisherman returns to fishing and catches his limit of 6 fish, and goes home with his 6 fish.

When, I carefully read the laws of South Dakota, I see nothing CLEARLY stated, that says that any thing illegal has been done.

I very carefully ask you - as the enforcement branch of these laws, has anything illegal been done?
Would any or all of these folks - get a ticket if observed of doing such actions by a Conservation officer?

I only ask this, because, it seems that in most boats, where there are multiple fishermen fishing, the fish all go into a common live well (most of the time) - if not a common live well, a common stringer.

After a period of time - someone asks, "Do we have OUR limits?" Then someone in the boat, goes into the live well and counts the number of the various fish species and makes an announcement on having or not having the limit of fish (for the numbers of folks in the boat).

Having said, that this appears to be a common practice, then by extension - how is this any different, than taking some of those fish - that are in the common level, and placing them in another "part" of the common level ( that just happens) to be in another persons boat.

I am asking this question in complete seriousness, since it has come up several times, in our preparations for our spring fishing trip to South Dakota.

Thanks very much for your answer to this question.


REW

[mr ducks]

I can't wait to hear the response! Bet they will say that it is up to the warden at the time of the incident!
I have made several attempts to have interpretations made of boundary water hunting issues and have never been given a straight answer! Always up to the local warden and depends on individual circumstances.

[Ryan]

Hey Rew, where in South Dakota are you going and when?

Looks like you just took 12 fish over your daily limit of 6. If I were a warden and saw you do it, you would get a ticket for 12 fish fish over the limit. Its a little different with 2 or 3 people in the same boat with all the fish in the same livewell. No one could ever know for sure who caught what. I have never heard of anyone questioning it. You never will hear from the DNR about your inquiry.

[Eyez]

The limit in south dakota is 4 fish, 8 in posession, except for oahe which is 10 and some lakes which are 2.

The clarification that I recieved when I asked this same question some years ago to a warden here in Watertown SD, was that if all the guys are together in a boat, and they catch their collective limits, they wouldn't be doing anything wrong. If they're giving fish to other boats and shore fisherman, and then still filling their limit, they'd be illegal. Same with shore fisherman and ice fisherman, 3 guys in a group can party fish, as long as they and only they are the party, and fish aren't given away outside the party to allow them to catch and keep more.

Eyez

I was told by the owner of the place we stayed that someone would need to put up a rod or stand a chance of being ticketed. For example if the limit is 4 and and 2 of you are fising when you get 7 in the livewell one of you need to put up your rods. This did not come from enforcement people so I will be interested in what you hear.

[Dave in Mpls]

It will be interesting to hear their reply.

Actually, somebody is going to be one fish short of their limit, as the second fish returned to his home :) Just messin' with ya, REW!!

Regards

[Brad]

I would not put up my rod! I will continue to fish till I'm tired. I would simply release those over my bag limit. However, once in the livewell or on the stringer its counted in the bag. Also, in answer to the previous question-while group bagging in the boat may be customary in some states it is illegal. IMHO to catch, keep and then give away your limit of fish to return to fish the same day and do it again is in violation of the law.
Spring is sprung, the grass is riz, wonder where my jig box is?

Ok so if you can't party fish what happens in a tournament when one guy catchs all the fish... you think he will stop fishing and let the other guy try to fill out the limit or cull slot fish...sorry that was a no brainer question to ask.

[jcass]

Who's on first?