Keeping Too Many Fish is Illegal

  • bill_cadwell
    Rochester, Minnesota
    Posts: 12607
    #1318182

    Here is just a reminder as to what happens when you keep more fish than you are suppose to. Same goes for fishing with more hooks that allowed and/or more rods than allowed. It could cost you your fishing equipment AND boat. Please becarefull.
    Thanks, Bill

    Example of what a simple mistake could cost you

    predator2 jr
    rochester,mn
    Posts: 448
    #601222

    thats sad why do people do that

    nick858
    Eldora, Iowa
    Posts: 367
    #601227

    Its too bad people have to do that. He also could have just come down to Iowa, apparently our DNR doesnt believe in any kind of limits.

    .mnmike
    red wing, mn
    Posts: 165
    #601250

    $1,800 and his boat and motor are not enough restitution in my mind. I think that if you are that far over the limit, jail time and or permanent liscense loss should be considered. Why would someone need that many fish anyway?

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #601261

    Well…73 years old says it all to me.

    That’s the way they know…mostly. Certianly not saying it’s right…

    …and I wouldn’t say that was a “little mistake”.

    lars
    Rochester, MN
    Posts: 308
    #601479

    First of all don’t get me wrong I’m not defending this man in any way, but jail time for keeping too many fish, for a 73 year old man is real hard–like briank said that is what the older people know, keep everything, they’ve experienced a depression something most of us will never know. As for jail time? I would like to see some reactions to a guys’ face when he tells other inmates why he’s in there with murderers, drug dealers and other convicted felons. Taking a boat/motor and all the mans equipment plus $1,800 & three year suspension of a license for a man that age is plenty.

    timdomaille
    Rochester Mn
    Posts: 1908
    #601484

    I understand that this guy is 73. But when does age become an issue? There are too many people out there that keep over there limit, not just older people. If an exception is made for one, than why not another and another. He knew was was doing wrong, he admitted it! He should not be treated any differently. Poachers are poachers!!! IMO the fines and consequenses are not stiff enough. It sure seems if people break the law by over harvest, they get a slap on the rist and go about there business!

    Tom Sawvell
    Inactive
    Posts: 9559
    #601512

    I am not condoning what was done, but jail at 73 for possessing too many fish? It becomes an issue when people can pay for their fines with a credit card and be back the following year doing the same thing over again. Why insn”t the mention of jail a part of their sentencing too? Why not shoot him if he wets himself. I say if the enforcment agencies want to make a statement they do it using some of the young slugs who break the laws. Or better yet, impose a manditory jail term to those non-residents who commit the same offense and are able to come back the next year and re-offend.

    timdomaille
    Rochester Mn
    Posts: 1908
    #601543

    CT I agree with the jail time. Why just make it for the young and non-resident? Not to just pick on this 73 year old guy, but he admits he knew he was doing wrong. Cut him slack because he’s old? No way! That would just give an excuse for people over a certain age to commit crimes and not get punished or get less of a sentence because they are old. I am not saying to make an example of this guy, but ALL people that keep over there limit and get caught should get the book throwen at them! Too many people get away with to much.

    herefishyfishy
    MN
    Posts: 862
    #601625

    Not defending him first of all but… 6months to a 73year old is a lot longer than 6 months to a thirty year old thats all. Its still not ok to overharvest and the sad part is he may be a mentor to some youngster who may be learning it the way grampa does it.

    timdomaille
    Rochester Mn
    Posts: 1908
    #601650

    I agree it is longer for an older person. But where does the line get drawn for responsibilty? Just because you may be older, consequences should not apply? I think anyone that is caught should have to suffer the consequences. If you do the crime, do the time!

    The part that bothers me about his crime, he knew what he was doing.IMO pay up!

    Tom Sawvell
    Inactive
    Posts: 9559
    #601656

    TDom….

    All I am suggesting is that to make an example out of this old duffer is flat out crappy. This state has plenty of persons to do that with who are a whole heck of a lot younger or who also know they are breaking the law, only not in the state to which they live.

    His admission really makes me wonder whether there is a story of real “need” that’s not getting told here. I just think that anyone who fries this old guy ought to be neutered publicly when they are far better examples of the same sort of game violations….not that any of the violations are legit….to use for example making. By the sounds of it they got his boat/motor and gear and probably didn’t get much. There have been others who have done more serious damage to the fish populations and drove back to wherever pulling their boat behind their big suv and make a return trip later that year.

    There isn’t enough being shared here to know whether there is something more that may have contributed to his decision to cross this line. I’d sure hate to see a legal kick in the nuts if this is a case of need. Taking the boat is enough if it is.

    timdomaille
    Rochester Mn
    Posts: 1908
    #601667

    CT. I agree. I am just sick and tired of people getting a slap on the rist for game violations and OUR resources suffering for it. Whether they are young or old, they should be responsible. Not to just pick on the guy, but if he bought a license, he should know the laws.

    I am tired of people not taking responsiblity for there actions whether it be fishing or anything else.

    Maybe not make an example of this guy, but who should we finally say “enough is enough ” to? This has been a great discussion and I would like to hear other peoples thoughts.

    I also agree that a younger person if they did the crime should pay the time. What really still bothers me is him knowingly doing this. How many years has this happened and if he would not have been caught, how many would he continue to do this?

    erick
    Grand Meadow, MN
    Posts: 3213
    #601683

    I guess i just see it as plain and simple ANYONE should recieve the same for this offense! I do not see anything or any reason different consiquences for anyone despite there age, race, sex ect.

    ron_weltzin
    Rochester, MN
    Posts: 417
    #601724

    73 years old huh? Well then the guy is old enough to know better. Now should we crucify this guy and make him an example?
    140 fish and he took them all home and sacked them in the freezer. Not like he was selling them on the black market.
    Sounds like a greedy old guy who got caught up in his luck and wasn’t about to let any of it go to waste. That eara did have a way of thinking like that.
    The sad thing here and unknown to him is the example he set for others with his greed. If he can do it, then why can’t I?
    Don’t get me wrong, I am NOT a bleeding heart liberal.
    This gentleman should be held accountable for his actions.
    Lets put it into perspective.
    Remember, there were the charges and recommended punishment.
    A judge has the authority to change any or all of that.
    Will this guy see jail time, NO and rightfully so. What real purpose would that serve other then to satisfy some vindictive persons. Will he pay $1,800, probably not after telling the judge a sob story, fixed income on Social Security, etc. and it will be reduced.
    Can a judge return his impounded property? Not sure about that one.
    OK then, what is fair and justice?
    Publishing his name and a mandatory court appearance is a start for all his friends and neighbors to see. Talk about embarrassment!!!!!
    Financial restitution is expected, but who can decide what a 140 fish are worth.
    Sucks to be him on the equipment issue. Here today and gone tomorrow.
    Since this guy, I am assuming he is retired and is healthy enough to go fishing, should probably be sentenced to some SERIOUS community service hours. I am not talking some namby pamby baby crap, rather some real time and meaningful duties.
    What will be will be.
    One can only hope for a positive outcome……….the light blub goes on in his head and he realizes he stole from him grandkids.
    Now with that being said, sir, I recommend it doesn’t happen again or yes, you then would need to be made an example.

    timdomaille
    Rochester Mn
    Posts: 1908
    #601742

    Well said Ron. My whole point was that he should be held accountable for his actions. He did admit he was doing wrong even by taking his wifes limit and taking limits twice a day.

    The actions have to be punished for the crime or it is no crime at all.

    Tom Sawvell
    Inactive
    Posts: 9559
    #601886

    All good points. Its too bad this has to happen….on one hand a person wants to be somewhat sympathetic because of the age factor, yet on the other it appears that the old fart knew exactly what he was doing wasn’t right. And then factor in that this was probably not an isolated instance for the guy.

    Jail seems harsh for this old guy though when I read accounts of these occurences where non-residents loose a boat and tackle, pay a fine and are at home that night.

    I’m just thankful that I don’t have to hand the man his sentence, but then I don’t know all of the circumstances either.

    lars
    Rochester, MN
    Posts: 308
    #601894

    Here’s one I read in the outdoor news, Sorry I couldn’t find the link.

    4 men netted 79 trout in the south branch of the whitewater river. They all had Mexican names, two live in Minneapolis and two live in Milwaukee. Now here are 4 people obviously fishing illegally, in a stream that is designated catch and release only and are keeping fish–sizes of fish not stated. They will only recieve a $1,000 fine. Now these guys started out fishing illegally and if they were allowed to keep fish they would’ve only been able to keep 15—pending size restrictions–But this stream is designated C&R. In my opinion trout are way tougher to replace than panfish and how many more would they have caught if CO Boyum had not been contacted and caught these guys?? But only $1,000 each? Since it said nothing about licenses I can only assume they did not have any, so there’s another potential violation. What are your thaughts on this one.

    ron_weltzin
    Rochester, MN
    Posts: 417
    #602182

    It would appear that both Gramps and the Mexicans are guilty of game violations.

    Each should be addressed in an appropiate manner and fairly depending on the violation and intent.

    Game violations are just that, violations. However, circumstances should be taken into consideration when delivering punishment.

    In these two cases, there seems to be a difference of intent.

    Gramps goes out his back door, hits a gold mine, decides to take advantage, take em home and fry em up for him and mamma bear. I can’t help but wonder if the taste was somewhat sour, knowing what he had done.

    Yes, he deserves some legal attention.

    Now we have some Mexican gentlemen who executed their crime in a somewhat different manner.

    Some were from Mpls. and some from Milwaukee?

    Awful long ways to drive for a fish dinner.

    They had to research and plan this in advance, which demonstrates premeditation and conspiracy with deliberate intent. Can’t help but wonder if there was a financial incentive such as selling the catch.

    Because of the area they picked, it shows it was thought out carefully because of the potential harvest as compared to many other places between here and their home towns.

    They targeted where the getting was good and went way out of their way to take advantage.

    Also are these people legal citizens or illegals?

    I certainly don’t envy the judges in their decision.

    There is the letter of the law and the spirit of the law.

    By golly, if he is a Minnesota Judge, one would expect him to be a fisherman and violation savy.

    Repeating, both deserve appropiate punishment. The problem is deciding on what is justice, fair and matches the offense.

    My way of thinking would be the punishment somehow should repay and compensate the resources that were violated.

    d.a.
    Rochester, MN
    Posts: 481
    #602205

    Here’s the actual news release about the four yahoos neting trout:

    Posts: 29

    State Report

    Today at 1:56pm

    DNR NEWS – FOR IMMEDIATE RELEASE AUGUST 21, 2007

    Media contact: Rich Sprouse, public information officer, DNR Enforcement Division, Camp Ripley, 1-800-366-8917, ext. 2511.

    High water casts suspicion on illegal netting activity

    Early on July 23, Kevin Cook, a DNR Fisheries specialist at the Crystal Springs trout hatchery near Rochester, noticed a van and group of men near the south branch of the Whitewater River. Recent rains have made the river difficult to fish. Cook contacted Rochester Conservation Officer Mitch Boyum.

    “About 200 hundred yards from the road I observed four men standing on the bank of the stream,” Boyum said. “None of them held or possessed a fishing pole. I watched a large net being cast into the stream by one man while three others assisted in pulling in the net and taking fish out. I watched them do this approximately six times.”

    Boyum asked Conservation Officer Tom Hemker of Winona to assist.

    At about noon, Boyum noticed two of the men walking on the trail toward their vehicle, one carrying a bucket covered with a shirt.

    “I approached them and announced myself as a conservation officer and asked to see fishing licenses,” Boyum said. “When the man set the bucket down, part of the shirt moved and I could see the bucket was full of fish. I could only see brown trout. I told them to walk to their vehicle and remain with officer Hemker.”

    Boyum observed the two other men standing in the stream holding the net.

    “As I approached them, they saw me and dropped the net and started to walk away. I announced myself as a conservation officer and told them to stay there, but they kept walking out of sight into the woods,” Boyum said. “I cut through the woods and found both of them hiding in tall grass. When I asked them where the net was, they said they did not know and that it was in the stream somewhere.

    After the subjects were cited, Boyum returned to the area, searched the bottom of the stream with a pole and located the net. It was then taken as evidence, along with 79 brown trout.

    Cited with an over-limit of trout were Carlos M. Bonete, 21, Angel Cardenas, 44, and Carlos Chalco, 47, all of Minneapolis, and Oscar Morocho, 30, Milwaukee, Wis.

    The possession limit for stream trout from April 14-Sept. 4 in Olmsted County is five combined (not more than one over 16 inches). Each man faces a fine/restitution of at least $1,000. They were also cited for illegal use/possession of a net to take trout. Bonete was also found to have an active warrant, and was placed under arrest by the Winona County Sheriff’s Department and transported to jail. A court date for the fishing violations is set for Aug. 31 in Olmsted County District Court.

    “We always say the public is a valuable asset in deterring poaching, but in this instance it was a fellow DNR employee,” Boyum said. “My advice is if anyone sees anything suspicious to give us a call or call the Turn-In-Poachers hotline at 1-800-652-9093.”

    -30- Editor’s note: Image available by contacting Steve Carroll, DNR information officer at [email protected]. Image also available in DNR newsroom at http://www.dnr.state.mn.us/news/releases/index.html.

    On a side note, Crystal Springs hatchery on the South Branch of the WW was completely ruined after recent flooding. They used brown trout (from Trout Run and East Beaver Creek) to make what they felt was a quality strain of brown trout to be used in trout lakes up North among other places.

    D.A.

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