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  1. #13
    Join Date
    Mar 2011
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    Frankfort
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    Re: Legal to give fish away?

    Tim, this goes back to the point that we are allowed to cull. I would let the CO write me the citation if he thought he was right then the next business day I would be in KDFWR office with that citation and a complaint. He (CO) is wrong. If he had his way he could write citations at almost every tournament whether it be us weekend anglers or the pros. So I would definitely challenge it.

  2. #14
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    Mar 2011
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    Frankfort
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    Re: Legal to give fish away?

    I am sending an email to the Major at KDFWR for clarification on this topic. I will post when I get his reply.

  3. #15
    Join Date
    Apr 2010
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    jamestown, ky
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    Re: Legal to give fish away?

    a very long time ago this came up with a group that had chartered multiple boats for a striper trip. 2 of the boats were really on 'em , on em to the point they limited out in 30 minutes. the customers on their boat while quite tickled they did so well were dissapointed they had driven all the way from detroit to fish for 30 minutes and spend the rest of the day in the cabins at j-town resort marina. the other boats in the group didnt limit out on the first day and the question was asked by a customer to the CO standing on the dock if it would be okay if when they caught their limit the second morning if they could drive to the other boat and split the fish up and continue to fish. the answer was a "absolutely not".
    the next morning the CO was not only on the dock when the trip departed but he was very "visible" throughout the day (this particular CO is a helluva nice guy too ).
    im kinda thinkin like CARTER on this one....no creel limit = no foul. if it is a species that has a state creel ehhhh ??????

  4. #16
    Join Date
    Dec 1969
    Location
    Louisville, Ky
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    918
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    Re: Legal to give fish away?

    ^^^ I'm voting this is the correct answer. It's one thing to catch and release. Placing a fish in a box or livewell is intent to keep. Handing a fish over to another boat, also, is intent to keep and the person that caught the fish is initially responsible for the fish's fate. Now, if you could release the fish and "guide" it over to the other boat? THAT'S a gray area.. LOL

  5. #17
    Join Date
    Apr 2010
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    jamestown, ky
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    Re: Legal to give fish away?

    ok lets go one step further down the road of gray areas....
    creel limits are set on a "per day basis" ....
    if you start fishing at 7pm does your "creel limit" reset to zero at 1201am that same night?
    year before last when the night bite for walleye was so good we just hated leaving when we caught our limit, which was usually pretty quick at that time. but we did leave, night after night. one evening when we were launching the local CO drove down to the ramp and chatted with us and i asked him the same question and he said it was the gray area from heck. he said he wouldnt have ay problem at all if we loaded the boat on the trailer , left and came back WITHOUT FISH after midnight .

    im satisfied with his answer but curious as to what the black and white rule is, not the gray one.

  6. #18
    Join Date
    Oct 2006
    Location
    Coxs Creek, Kentucky, USA.
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    Re: Legal to give fish away?

    No matter the situation, anything over a limit is selfish and un-sportsman like in my opinion. Save em' for another day.
    Likes Devils Horse liked this post

  7. #19
    Join Date
    Oct 2011
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    Re: Legal to give fish away?

    The fact that someone gives away a fish seems irrelevant. In order to give something away don't you first have to posses it? I can't see how anyone could argue they're not breaking the law if the kept a fish over the legal limit even if they then chose to give it away or not.

  8. #20
    Join Date
    Dec 1969
    Location
    Greenville,IN
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    3,026
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    Re: Legal to give fish away?

    Quote Originally Posted by SLP View Post
    The fact that someone gives away a fish seems irrelevant. In order to give something away don't you first have to posses it? I can't see how anyone could argue they're not breaking the law if the kept a fish over the legal limit even if they then chose to give it away or not.

    Exactly what I was thinking.

    For me, this is a moot point as I NEVER catch a limit. Just ask onemorecast56!!!!

  9. #21
    onemorecast56 Guest

    Re: Legal to give fish away?

    your lucky if you catch 1 tyme...lol only way you could limit out is if you count the bait

  10. #22
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    Mar 2011
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    Frankfort
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    Re: Legal to give fish away?

    Okay, I was spot on concerning giving fish away. If the fish is one that has a creel limit attached to that species, you have a limit and catch more which you give away then you are poaching. It is illegal to do this. But if you catch a rough fish species or any fish not covered by a creel limit then you may give fish to anyone you wish.

    On the Cedar Creek question he said there is an implied no cull there. I personally don't care for it being implied so I asked if there is any signage which states that. It is not specified in the Fishing Guide. So, if you catch a largemouth there and decide to keep it then you may not keep another one nor may you keep a second one to let you partner claim if you are fishing with someone else. You are, however allowed to keep fishing but must immediately release all bas once unhooked.

  11. #23
    Join Date
    Dec 1969
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    Re: Legal to give fish away?

    Well. That's two different tales on the Cedar Creek bass. This guy who runs the tourneys said that the local game warden confronted him with this when he was putting tourney flyers on vehicles in the parking lot. I talked to one of the guys who fish the tourneys and he verified this(I don't fish his tourneys). I'm not sure but sounds like who you talk to and on what day you talk to them Really makes no sense that it is an implied cull. No one knows when they are fishing if they will actually cull (But when you catch the 7th fish or in the case of Cedar the second fish you are technically in possession of one fish over your limit for the time that it takes you to cull (Really crazy)). I'll pass this along to the tourney director because at the time he contacted fish and wildlife as to how to handle this and they told him that the game warden would have the final say as to whether a violation occured and warrants a ticket. For this reason and for what the warden implied, he changed his limit to one fish. Like I've said, I think most tourneys have a 5 fish rule in place so that one fisherman can catch and cull without any "gray" area.
    Thanks for the info!

  12. #24
    Join Date
    Dec 1969
    Location
    Columbia
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    Re: Legal to give fish away?

    It has been a few years but I did ask a game warden to explain to me how possession limit,daily limit and culling works. If you are fishing for bass with a 6 fish daily limit you must stop fishing when you have possession of 6 fish. You can cull but that only applies when you have 5 in the livewell then you catch number 6,stop fishing and cull back to 5. That is the only legal way you can cull and then continue to fish. A person is breaking the law if they catch 6 fish and continue to fish.

    Therefore when fishing Cedar Creek it would technically be against the law to cull. They have a 1 bass over 20" limit. When you catch the 1 you must stop fishing. If you want to continue fishing you must throw back your one fish...so I suppose you could cull back to 0.

    On the possession deal if 2 people are in a boat bass fishing an individual is allowed 6 bass and a total of 12 between the 2 people. If you catch 8 and your partner catches 4 the person with 8 fish is breaking the law even though they are allowed 12 combined. The warden I spoke with actually wrote a ticket for this scenario just a few days before I asked about it. He pulled up to check a boat and they openly told him they had 7 keepers. He checked their license and livewell and all fish were over 12". Everything was going good until one guy spoke up and said my partner is wearing my butt out I have not caught a fish all morning. The person who caught the fish owned up to it and that slip of the tounge cost his buddy a ticket.
    Last edited by R19; 03-07-2012 at 09:21 PM.

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