Taking fish from pool 1 / 3 — possession while traveling though pool 2

  • pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706517

    I sent an email to the DNR about this a couple weeks back and haven’t had a response so I figured I’d see if anyone here knows the law.

    If I launch my boat on pool 2 and lock up/down to either pool 1 or 3 where it’s legal to keep walleye, is it illegal for me lock back into pool 2 and travel back to the ramp with my catch?

    DaveB
    Inver Grove Heights MN
    Posts: 4465
    #1706520

    I think the Pool 2/Pool 1 lock at the Ford Dam is closed.

    If you go from Pool 3 or even the MN river above the cut off and plan to have some protected fish on Pool 2, I would make darn sure to have some photographic evidence and you still risk getting ticketed.

    Huntindave
    Shell Rock Iowa
    Posts: 3088
    #1706525

    and travel back to the ramp with my catch?

    Use the most direct route, don’t make any stops along the way and you should be fine.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706528

    I think the Pool 2/Pool 1 lock at the Ford Dam is closed.

    I’ve used the Ford lock multiple times this year and last — so unless they closed it in the last couple weeks it’s open. They did close the St. Anthony lock downtown Minneapolis permanently.

    If you go from Pool 3 or even the MN river above the cut off and plan to have some protected fish on Pool 2, I would make darn sure to have some photographic evidence and you still risk getting ticketed.

    That’d be pretty simple — all photos taken on an iPhone are tagged with GPS data. When you tap “details” it brings up a map showing the exact location the photo was taken.

    Use the most direct route, don’t make any stops along the way and you should be fine.

    That’s my feeling but it’s frustrating that I can’t seem to find any official regulations stating this.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1706542

    It’s in the synopsis P2F. I don’t have time to find it right now though. It doesn’t speak of P2 specifically.

    Jon Jordan
    Keymaster
    St. Paul, Mn
    Posts: 6013
    #1706545

    From Page 32 of the 2017 Minnesota Fishing Regulations:

    Some waters have fish length restrictions, such as slot limits, that require fish to be immediately released if they are not within a certain size range.

    There also can be maximum size limits or minimum size limits. You can’t possess any fish outside the legal length limits of the waters on which you are traveling or fishing. However, you may possess fish outside the legal length limits if all of the following conditions are true:

    • The fish was legally taken from a connected water body or packaged by a licensed fish packer;

    • You are traveling back to your lodging or docking and taking the most direct route; and

    • You are not fishing while you are in transit.

    Personally, I would put in and take out in the pool I intended to keep fish. Nothing good can come from a conversation with the DNR or other fishermen while in possession of walleye on pool 2.

    -J.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59992
    #1706546

    PS Joe is the CO for P3 and he’s awesome at getting the right info to you in a timely manner. 24 hours.

    [email protected]

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706549

    Thanks for the feedback Jon and Brian.

    I have read that section in the guidelines but didn’t think it applied since it’s in a section that specifically refers to LENGTH limitations in certain bodies of waters.

    For pool 3 I agree that it probably makes most sense to just launch there. For pool 1 there is no public launch access, locking up from pool 2 is the only way to get onto that water.

    Evan Pheneger
    Hastings, MN
    Posts: 838
    #1706570

    For pool 1 there is no public launch access, locking up from pool 2 is the only way to get onto that water.

    :?::?::?:

    I fished P1 (in the cities I assume you are referring too) many times when I lived in Robbinsdale and their are a boat load of public launches. I launched here https://goo.gl/maps/3DBKGBVwYn62

    Its exciting to launch there until the next day you go out they are looking for bodies with the dive crew…

    I always thought it was a “fun” adventure fishing there…especially at night ha.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706580

    :?::?::?:

    I fished P1 (in the cities I assume you are referring too) many times when I lived in Robbinsdale and their are a boat load of public launches. I launched here https://goo.gl/maps/3DBKGBVwYn62

    Its exciting to launch there until the next day you go out they are looking for bodies with the dive crew…

    I always thought it was a “fun” adventure fishing there…especially at night ha.

    It’s semantics but that’s not technically pool 1, just the upper Mississippi in general. As I understand it, “pool” refers specifically to the areas between locks. Everything from l&d #1 (Ford dam) upstream to the St Anthony l&d is Pool 1. Everything from l&d 2 (Hastings) upstream to Ford dam is Pool 2. And so forth.

    Since St Anthony lock is closed for good, there is literally no way to launch on p1 unless you have an in at the UMN boat house. Or if you can drag in somewhere I guess.

    Evan Pheneger
    Hastings, MN
    Posts: 838
    #1706581

    hmm I guess I am not up on the semantics…interesting point.

    Mike W
    MN/Anoka/Ham lake
    Posts: 13294
    #1706587

    from talking with many fisher people on pool 2 you should be fine if you “dont speak english”or “nobody told you”.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706588

    from talking with many fisher people on pool 2 you should be fine if you “dont speak english”or “nobody told you”.

    Ha, thanks Mike. I could just start speaking some high school German and see where that gets me.

    john23
    St. Paul, MN
    Posts: 2578
    #1706636

    I’ve always thought it was possession that was restricted but Jon’s length limit rule might make some sense! Years ago I may have made the same run you’re talking about — walleyes in the box from under the 94 bridge back home with me via Hidden Falls. Or maybe I just thought a lot about doing it and never did. Long time ago. )

    basseyes
    Posts: 2509
    #1706638

    Not a chance that’s legal.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706645

    Not a chance that’s legal.

    Funny thing is that I can’t find a single document stating it’s illegal. All of the language regarding pool 2 just days “catch and release” without any mention of posession etc. If no fish from pool 2 are being kept then at the very least I don’t think the spirit of the law is being violated. If you’re locking up to pool 1 you’re literally going out of your way to follow it.

    basseyes
    Posts: 2509
    #1706649

    It’d be way to easy for people just to say they caught them in pool 1/3 and keep fish out pool 2. That’d be a lot of work for a CO to prove one way or the other. Legally speaking I wouldn’t even push that envelope until I talked to the local CO who enforces that area. Trying to find it written down is probably a waste of time and getting it right from the CO’s mouth you know 100% what he is going to enforce. That’s what I’d care about in the end.

    basseyes
    Posts: 2509
    #1706655

    Had a couple CO’s literally come out of nowhere on a tributary river on pool 4 a couple springs ago. We stayed where we were legal, the right side of the railroad tracks so to speak and they checked our licenses and told us we couldn’t go past the bridge with a walleye in the box or fish it for walleyes. Never looked it up or checked but we had no need to go up river. What the exact statute is I don’t know, but imo it wouldn’t be worth the hassle, I’d just launch where I didn’t have to worry about it. Or call the CO and get the applicable statute. I could be dead wrong too, and it could be perfectly legal.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706667

    I emailed the pool 2 CO, so we’ll see. I’ll report back what I hear. I’m the type of guy who needs to see it in writing, so if I don’t get the answer I’m hoping for I’ll ask for the statute.

    Unfortunately I can’t just launch in pool 1.

    basseyes
    Posts: 2509
    #1706672

    It’ll be interesting to see what they say.

    Jon Jordan
    Keymaster
    St. Paul, Mn
    Posts: 6013
    #1706697

    Had a couple CO’s literally come out of nowhere on a tributary river on pool 4 a couple springs ago. We stayed where we were legal, the right side of the railroad tracks so to speak and they checked our licenses and told us we couldn’t go past the bridge with a walleye in the box or fish it for walleyes.

    If you were fishing pool 4 in the spring prior to the inland season opener mid May, then the CO is correct. (Assuming you were going to continue fishing of course.) Other side of the track would be a closed season.

    The pool 2 situation is different. Traveling from open season water through another open season water with different regs.

    -J.

    basseyes
    Posts: 2509
    #1706753

    Get that, but it’s a catch and release area on pool 2 for walleyes, so one would think that possession wouldn’t be legal not matter where the fish were caught. To have fish in the livewell on a lake or river that is closed to keeping certain fish leads me to the conclusion that having fish would be considered possession on the pool the boat is on. How does a CO know or you prove those fish weren’t caught on the body of water where the fish are in possession? In a vehicle, not on the water of a catch and release area is one thing, but to have possession on the water of a catch and release area seems way different to me and I’d assume possession of a fish in a catch and release area that is supposed to be released, well is possession of a fish that is supposed to be released in and area where the boat is, not matter if you are just travelling through or fishing pool 2. It’d be like if I tried to boat up past the railroad tracks on pool 4 but had all my fishing gear put away and said well we kept these on the other side of the tracks. There’s no way to prove where the fish were caught.

    Jon Jordan
    Keymaster
    St. Paul, Mn
    Posts: 6013
    #1706757

    . It’d be like if I tried to boat up past the railroad tracks on pool 4 but had all my fishing gear put away and said well we kept these on the other side of the tracks. There’s no way to prove where the fish were caught.

    That would be illegal since you must be “Traveling” by the most direct route. Stop and you are no longer legal.

    -J.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706764

    Get that, but it’s a catch and release area on pool 2 for walleyes, so one would think that possession wouldn’t be legal not matter where the fish were caught. To have fish in the livewell on a lake or river that is closed to keeping certain fish leads me to the conclusion that having fish would be considered possession on the pool the boat is on. How does a CO know or you prove those fish weren’t caught on the body of water where the fish are in possession? In a vehicle, not on the water of a catch and release area is one thing, but to have possession on the water of a catch and release area seems way different to me and I’d assume possession of a fish in a catch and release area that is supposed to be released, well is possession of a fish that is supposed to be released in and area where the boat is, not matter if you are just travelling through or fishing pool 2. It’d be like if I tried to boat up past the railroad tracks on pool 4 but had all my fishing gear put away and said well we kept these on the other side of the tracks. There’s no way to prove where the fish were caught.

    Well, is it my responsibility to prove to a CO that I have NOT broken the law? Or is it the CO’s responsibility to prove that I HAVE broken the law? Typically the burden of proof is on law enforcement.

    Even so: If I have all the tackle stowed and rods in racks, and I’m running on plane all the way through p2 back to my trailer, and I can show photos of the exact fish that indicate where and when each was caught (could even use culling tags so a photo could be easily matched to a fish), I think I’d have a preponderance of evidence in my favor. I mean heck, even if I was stopped by a CO in that scenario I think they’d be limited to checking my boat registration and safety equipment. If I’m not fishing and all gear is stowed I don’t think they can ask for a fishing license let alone take a peek in a bucket or live well?

    Now if the law has language forbidding possession of ANY walleye while on pool 2, then I can accept that. That’s why I want to hear from the CO. There’s an enormous difference between saying no walleye from pool 2 can be kept; and saying no walleye may be possessed while on pool 2.

    basseyes
    Posts: 2509
    #1706776

    Can’t wait to hear what the CO says. It’s an interesting question and I have no clue what the actual law or statute is.

    pool2fool
    Inactive
    St. Paul, MN
    Posts: 1709
    #1706790

    Heard back from CO Jake Willis who was very friendly and informative. Unfortunately did not get the news I wanted, but I did get a clear explanation and excerpt from the applicable regulation — which is what I was unable to find online. Also learned that it’s legal to harvest Pike from pool 2, which I never knew. (assuming Muskie as well)

    Before I paste the response below, a tip for anyone trying to find this kind of info online: the content is all on the website for MN’s Office of the Revisor of Statutes. Almost none of their content comes up in Google search results. There are different classifications from the Revisor for different kinds of laws and regulations. Don’t bother searching through “statutes” or “laws” — all of the DNR policies are in the “rules” section. From that page the search function works well. I searched “pool 2 walleye” and got 3 results, one of which was the chapter quoted by CO willis.

    Pool 2 is catch and release for Walleye, Sauger, Largemouth Bass, and Smallmouth Bass; pike are normal state wide regulations.

    I am glad that you researched the regulations before contacting me and am glad you did contact me when you didn’t find the answer. Unfortunately, the summary book can’t cover all the varied regulations throughout the state.

    Special management waters, such as Pool 2, are covered by Minnesota Legislative Rule 6264.0400. Pool 2 is covered under subpart 12 and says the following:

    6264.0400 subp 12 – Minnesota River, Minnehaha Creek, and Mississippi River Pool Two.
    While on or fishing in the following waters, angling for walleye, sauger, smallmouth bass, and largemouth bass shall be limited to catch and release only, whereby any walleye, sauger, smallmouth bass, or largemouth bass must be returned immediately to the water. Catch and release angling for walleye, sauger, smallmouth bass, and largemouth bass shall be legal continuously, year round. It shall be unlawful for anyone to have in possession or under control, regardless of where taken, any walleye, sauger, smallmouth bass, or largemouth bass, while being on or fishing in these waters.

    You can see in the part I highlighted that it is a violation of the rule to be in possession of these species at any time while on Pool 2. That would make transporting fish from pool 1 over the water back to Watergate not legal.

    I think it sucks, but I’ll accept it.

    basseyes
    Posts: 2509
    #1706792

    Thanks for posting his response. Possession is always the catch twenty two with that kind of issue.

    Jon Jordan
    Keymaster
    St. Paul, Mn
    Posts: 6013
    #1706797

    They should probably put that rule in the book!

    Pool 2 story from about 15-20 years ago. Fishing up at the airport in the spring. This was back when 18-22 inch saugers were pretty common to catch. 100 fish days were not unheard of. The Griz and I’m pretty sure it was Dick Sternberg were fishing up there too. These guys were boxing up every big sauger they caught. We were watching and couldn’t believe it! After a while we just had to go over and ask what the heck they were up to? Turns out they were working with the DNR. They had a permit/special permission to help the DNR stock up the rearing pond over on Warner road. Those were the same fish the DNR had at the sports shows back then and also were the same fish that ended up in the DNR pond at the fair.

    Even after he told us the truth, we still were a little unsure about the story. However, when they left for the ramp, sure enough, there was a DNR stocking truck at the 494 access waiting for them!

    Think he had that job for quite a few years. Not sure what they do today?

    -J.

    gbfan10
    Hastings, Mn
    Posts: 11
    #1706810

    I talked to him in Prescott and he was telling me how he got the DNR to change pool 2 to catch and release.
    Years ago we used to have a house on pool 2, I could catch walleyes right from the dock.

    fishdale
    Posts: 406
    #1706821

    Pool2fool thanks for the research. I new about the Pike rule. The only one I kept on pool2 was a couple of years ago I was in a small spot and kept getting bitten off Braid/mono it did not matter. Finally got the pike landed (upper 20’s fish if I recall correctly). SO decided to bring it home and see if it was the one eating my jigs. Sure enough it had 3 of my jigs in its stomach.

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