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  1. #25
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    Dec 1969
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    Louisville. KY
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    Re: Legal to give fish away?

    My guess the regulation says "per day" not per 24 hours. The day starts after midnight.

  2. #26
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    Jan 2012
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    Morehead, Ky
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    Re: Legal to give fish away?

    There is both a daily limit and possession limit. The possession limit is double the daily limit on most all species listed with the exception of striped bass that is 5 daily and 5 possession. Does the possession limit mean literally what it says, that, say, I catch a limit of 30 crappie today, go home clean and freeze, then tomorrow catch another limit of 30 clean and freeze, now I have 60 in my "possession" , so can I not keep any more crappie until I remove some of what I have in my possession?

  3. #27
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    Nov 2009
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    Barren River Lake, KY
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    Re: Legal to give fish away?

    This is a good thread with good questions. I used to be a state government worker and had to help enforce the laws of the commonwealth. It was not fish and game laws, but something that was in an area that was probably even harder for the average person to understand the law and more grey than fish and game laws. In my opinion, the best idea is not to push too hard in what might be a grey area. A lot of the time an individual was given the benefit of the doubt if something ocurred once, but not if it could be determined that they routinely broke state statutes. You are much better off to try to obey the rules, be polite if not friendly when checked, and do not be verbally abusive. The officer might be giving you a break without telling you about it, but if you give him grief the break will fly away. JMO

  4. #28
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    Jan 2012
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    Bowling Green KY
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    Re: Legal to give fish away?

    If you give a fish away, you have caught and kept your limit. You can't kill deer and give them away over your limit and it is the same with other game species.

    I have never heard of someone getting a ticket for fishing after a limit had been caught. I usually leave one out just in case I catch that monster, but there have been quite a few times when people I know have caught a limit of two different species using the same tactics. I do not believe a game warden can write a ticket for releasing fish that go over the limit. It is quite possible to catch a limit of white bass and then start catching crappie. You can also catch a limit of five hybrid over fifteen inches but not have the limit of fifteen total. So, technically, you can have a limit of a fish without having a limit of a fish.

    Now, that being said, I was recently reading a muskie forum topic about size limit changes on fish up north. the limit was changed to something like 54 inches. The argument was whether or not taking the time to take a picture of a 50 inch fish was considered holding that fish in your posession. Some, who had consulted wardens, said the wardens responded by saying that they would write a ticket to anyone who took pictures of the fish out of the water and their definition of releasing the fish was a water release. A water release can be required for some fish like sturgeon but this was not specified for muskie. Because it is not specified for one species and specified for another, is it implied? Would this hold up if taken to court? probably not. Others responded by saying the wardens they had consulted did not care as long as the fish was released in a timely manner. So, if fishing after a limit is a concern, use a water release. You never have the fish in your possesion.

    On the other hand. Taking a short bass out of the water to take the hook out would then be counted as having the fish in your possession and therefore illegal (if fishing over a limit were illegal) and no fish that is not eyeballed correctly is illegal.

    I almost had this problem today (I couldn't quite catch that fifth hybrid) and asked the experienced angler next to me if fishing after a limit was illegal and his response was "h*** no." I'll leave it at that.

  5. #29
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    Jan 2000
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    Lexington, Kentucky, USA.
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    Re: Legal to give fish away?

    Quote Originally Posted by Paddywacker View Post
    Does the possession limit mean literally what it says, that, say, I catch a limit of 30 crappie today, go home clean and freeze, then tomorrow catch another limit of 30 clean and freeze, now I have 60 in my "possession" , so can I not keep any more crappie until I remove some of what I have in my possession?
    As I understand it, in KY you can have as many Crappie as your freezer can hold (provided you caught them legally and no more than a "creel limit" per day fished). Possession limit is defined as fish in possession "while afield, after 2 or more days of fishing".

    Even the Ky Fishing & Boating Guide states : "A possession limit is two times the daily creel limit for all fish species with a daily creel limit and excludes processed fish". Which, to me, says that once the fish are processed (ie "cleaned"), they no longer count against your Possession Limit. I'm sure this was written to refer to those fish that are caught & taken to your primary residence (home). But, I'm wondering if it would also include those fish that are caught & cleaned while you are camped/lodged away from your primary residence (home) ?? It would seem so, since there's no explicit reference to "where" these fish are kept ... just that a "processed" fish does not count against your possession limit.

    I think KDFWR should expand their explanation of the possession limit definition, so as to remove any grey area concerning that definition, and remove any doubts about what is legal and what is not. The little Q&A box on pg 5 of the Ky Fishing & Boating Guide, while it does help define the difference between a daily limit & a possession limit, still leaves the "where" question up to the laymans interpretation. Defining where the possession limit is limited to, or if it is limited to any particular place or scenario, would put all the CO's and the angling public on the same page. If it's worded so as to not leave any doubts about where a possession limit rule refers to, then a violator of that rule would not have a case against any misunderstanding/misrepresentation of that rule. And the rest of us law abiding anglers would have no reason to doubt our interpretation of the rule, seeing as how it would be explained, totally, in black & white terms.

    ... pappy

  6. #30
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    Re: Legal to give fish away?

    Bottom line here is what defines "possession". This is not defined in the Kentucky Fishing Regs and certainly it needs to be. Right now it comes down to which ever enforcement officer is making the decision....this is what is leading to all the confusion. All it would take to clear this up is a statement in the fishing regulations. I have emailed KDFWR before with this same question and have not gotten any response....that only tells me that no one there really knows so easier to not answer the question than to answer it. The reason I emailed them was that I have been getting a lot of people emailing me wanting to know that if they are fishing with an Alabama rig and have 5 bass in the box and they catch a double are they breaking the law? I would like to have the answer in writing and not on the phone...I said, she said does not stand up in court...but an answer in writing does... Again, does possession mean when you put a fish in the boat or does it mean when you put it in the livewell or cooler??? If any of you are going to the home town meetings this year....ask the question there....maybe if enough people ask the question there and ask that this be defined in the published regs next season it will finally happen...until then, it is just a matter of opinion and the only opinion that counts is the officer that is checking you.
    Last edited by Dave Stewart; 03-08-2012 at 07:03 AM.

  7. #31
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    Dec 1969
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    Louisville, Ky
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    Re: Legal to give fish away?

    Dave, the possession limit deals with how many you can have in the field. You can have a possession limit at a camp site but not on a boat. Fish are not to be processed while in the field until you are preparing to leave. That way, size can still be checked. It is OK to process fish you intend to eat while in the field, and those do not count against a possession limit after they have been eaten.

    I seriously can not see how having a limit and continuing to fish for, say bass, is illegal if your intent is to cull. The fish are alive and your intent is not to keep more than your limit. That's a whole nother ball game when it comes to fish like stripers that can't be kept alive and culled. But even then, we regularly catch more than a limit on one spot in a matter of minutes and it isn't something that can be controlled, aside from cutting lines. No judge in his right mind, when presented with the facts, would fine in a situation where someone had four fish in a livewell, caught two on an A rig, and released one of them. I do agree that there are some CO's that might would cite for it, but that just isn't something I would worry about while fishing. If they don't want you having more than a limit on a boat while culling, then limit how many hooks you can have in the water. Even that isn't practical, as how many hooks are on most of your crank baits?

  8. #32
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    Jan 2007
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    Re: Legal to give fish away?

    As far as giving a bass to somebody else. It would be no different than Shooting a deer and giving it to someone else to tag. Not legal. If I'm fishing and catch 6 keepers then fish with an alabama rig, catch two more keepers. I would release two, but i'm gonna keep fishing.

  9. #33
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    Mar 2009
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    Alvaton
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    Re: Legal to give fish away?

    Quote Originally Posted by DaveStewart View Post
    All it would take to clear this up is a statement in the fishing regulations.
    The thing is, most regulatory agencies are very hesitant about opening up a regulation for revision. Once the regulation is opened back up for revision, our legislators can make any changes that they decide upon and some of them may have an agenda. ....and, some of them might not have as much common sense as everyone would imagine (I'm trying to be nice ).

    I have seen some KRS regulations that remain open to interpretation and somewhat ambiguous, rather than opened up for clarification, because there is the very possible risk of the revised regulation ending up in a much worse condition than the original.

  10. #34
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    Apr 2010
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    jamestown, ky
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    Re: Legal to give fish away?

    X2 on what ESOX2009 said.....
    i'm imagining that the "clarification" would all but "clarify", more likely it would include laguage like;

    an angler is considered to be in posession of a fish when he reaches the point of intent to keep, notwithstanding the intent to revive or retrieve the lure or hook

    and most of us would say "HUH" ?!

    lawmakers must get paid by the word....

    im going to suppose the final say will continue to be left up to the CO handling the situation.....thank goodness we have some pretty reasonable COs around cumberland who seem to have a pretty strong background in the outdoors and alot of common sense.

  11. #35
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    Dec 1969
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    Palestine, Illinois, USA.
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    Re: Legal to give fish away?

    Quote Originally Posted by Tyme2fish View Post
    Exactly what I was thinking.

    For me, this is a moot point as I NEVER catch a limit. Just ask onemorecast56!!!!
    Tyme you need to do what I did years ago I set my personal limit at one that lets me come home and say well I limited out today or you can say man it was tough fishing but I was just one shy of MY limit.

  12. #36
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    Dec 1969
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    Benton, KY
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    Re: Legal to give fish away?

    Quote Originally Posted by Paddywacker View Post
    There is both a daily limit and possession limit. The possession limit is double the daily limit on most all species listed with the exception of striped bass that is 5 daily and 5 possession. Does the possession limit mean literally what it says, that, say, I catch a limit of 30 crappie today, go home clean and freeze, then tomorrow catch another limit of 30 clean and freeze, now I have 60 in my "possession" , so can I not keep any more crappie until I remove some of what I have in my possession?
    Possession limit does not apply to processed fish. This is clarified in the new Ky fishing guide.

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