It is a gray area to talk about this topic in theory, but I would think to a CO the issue of whether or not the angler is intentionally catching a species that it out-of-season would be pretty clear.
– If the angler is observed to be catching multiple out-of-season fish while changing neither his location, fishing technique, or adjusting his bait/lure/method, then he is obviously NOT trying to target a different in-season fish.
In other words, he’s catching what he’s trying to catch and if he doesn’t try anything different, then he’s breaking the law.
what the grouse said i double it.
– If the fish are truly interspersed, so for example <em class=”ido-tag-em”>crappie and bass, where it is virtually impossible to fish for one species while doing anything to avoid the occasional catching of the other, then to me it’s a legal activity that must be accepted. In these legit cases the harm to the out-of-season species is minimal anyway, if they are properly handled and released.
But this links back to my first point. If an angler is throwing spinnerbaits in the early season when northern pike can legally be caught, but bass cannot, and the angler is catching NOTHING but bass while making no adjustments to his method, lure, or location, then he’s fishing for bass illegally. If he’s actively changing locations, lures, etc, then IMO he he has a legit claim to be trying to effectively target the in-season species.
Grouse
It is a gray area to talk about this topic in theory, but I would think to a CO the issue of whether or not the angler is intentionally catching a species that it out-of-season would be pretty clear.
– If the angler is observed to be catching multiple out-of-season fish while changing neither his location, fishing technique, or adjusting his bait/lure/method, then he is obviously NOT trying to target a different in-season fish.
In other words, he’s catching what he’s trying to catch and if he doesn’t try anything different, then he’s breaking the law.
– If the fish are truly interspersed, so for example <em class=”ido-tag-em”>crappie and bass, where it is virtually impossible to fish for one species while doing anything to avoid the occasional catching of the other, then to me it’s a legal activity that must be accepted. In these legit cases the harm to the out-of-season species is minimal anyway, if they are properly handled and released.
But this links back to my first point. If an angler is throwing spinnerbaits in the early season when northern pike can legally be caught, but bass cannot, and the angler is catching NOTHING but bass while making no adjustments to his method, lure, or location, then he’s fishing for bass illegally. If he’s actively changing locations, lures, etc, then IMO he he has a legit claim to be trying to effectively target the in-season species.
Grouse
I double what grouse said. but not on purpose, DK