Transporting Fish / Possesion Limit / Processed Fish ???

I have a couple questions regarding fish transporting, possession and processing fish.

As I understand the MN state law you are allowed one limit of fish per eligible angler. You are also not allowed to transport raw fish without it being processed or the fillet must have a patch of skin on it.

Now my question comes in on when does a fish leave your possession? Once it’s cooked or processed? Is canning a process? It’s not cooked but it’s been through a process to prepare it for eating. I personally like to egg wash, bread and then freeze my fish so they are nearly ready to eat.

I assume you can transport uncooked canned fish? If so can I transport my frozen “processed” breaded fish? Thoughts?

Also based off of the stories I’ve heard from guys spearing they get a limit of pike for themselves and a limit for his wife and then he cans them. He basically did this every winter and had 100’s of jars of pike. I assume this is also legal?

I know there is a lot to this post but I figured it was all connected.

Biggill, Biggill and Biggill attorneys office will rummage through the Mn state stautes later tonight, I’ll post what I find.

I can’t find a damn thing on the matter. I don’t think it matters if they are raw, processed or cooked. I think a fish in the form of a turd is the only form that is legal to possess in excess of the state limit.

This the only thing I could find that suggests this:

It is unlawful for a person to have in possession, regardless of where taken, any fish in excess of or outside of the limits for that water body when fishing in that water. A person must immediately return to the water any fish that is taken by angling that is in excess of or outside the limits. This item does not apply to a person who is on an experimental or special management water and the fish were lawfully taken, have been packaged and labeled by a licensed fish packer, are to be prepared for a meal while on the ice or shore of that water body, and do not otherwise exceed the statewide possession limits.

My brother asked a CO once that similar question. His concern was Pike in a pickling brine. He was told those do not count towards a limit because they were being processed?

glenn57 wrote:

My brother asked a CO once that similar question. His concern was <strong class=”ido-tag-strong”>Pike in a pickling brine. He was told those do not count towards a limit because they were being processed?

If someone can find processed or cooked in the Mn statue, please share. I can’t find it.

I spoke to some people out on isle royale one year and they told me in MI they are specific about processed. Fish on dry ice are considered processed and can be counted toward your possession limit, which differs from your daily limit. They brought dry ice out with them so they could take home a possession limit.

biggill wrote:

<div class=”d4p-bbt-quote-title”>glenn57 wrote:</div>
My brother asked a CO once that similar question. His concern was <strong class=”ido-tag-strong”>Pike in a pickling brine. He was told those do not count towards a limit because they were being processed?

If someone can find processed or cooked in the Mn statue, please share. I can’t find it.

I spoke to some people out on isle royals onevyear and they told me in MI they are specific about processed or packed fish. Fish on dry ice are considered processed and can be caiunted toward your possession limit, which differs from your daily limit. They brought dry ice out with them so they could take home a possession limit.

I didn’t say it was right, I’m just repeating what he was told. In my opinion if I have fish that’s pickled and ready to eat it’s not considered part of my limit.

I believe “processed” is the operative definition. The question is, what defines processed?

I had a question on another forum some years back regarding possession limits regarding fish mounts you have on the wall. Do those count as part of your possession limit?

I was told not, being that they were processed. Like many other questions regarding possession is when you send to a taxidermist.

Licensed taxidermist’s have an exemption because most likely they are in possession well beyond legal limits. So even though they possess the fish, technically it’s still in your possession.

But then it’s back to the “definition” of being processed, which it may be?

No written rules in the reg book…probably deep into hidden legal documents.

And BTW, remember the guy that posted here a while ago that got busted for not being fully prepared for the meal on the shore?

He got cited because the oil in the pan wasn’t already sizzling.

glenn57 wrote:

I didn’t say it was right, I’m just repeating what he was told. In my opinion if I have fish that’s pickled and ready to eat it’s not considered part of my limit.

I didn’t say you were wrong. In fact, I think your right. It was an honest request. IF someone can find it, please post it. Seems like other states have this covered.

It wouldn’t surprise me though if it wasn’t defined anywhere.

biggill wrote:

<div class=”d4p-bbt-quote-title”>glenn57 wrote:</div>
I didn’t say it was right, I’m just repeating what he was told. In my opinion if I have fish that’s pickled and ready to eat it’s not considered part of my limit.

I didn’t say you were wrong. In fact, I think your right. It was an honest request. IF someone can find it, please post it. Seems like other states have this covered.

It wouldn’t surprise me though if it wasn’t defined anywhere.

I agree!!

I have questioned the freezer laws, fish ND a lot and bring back fish from out of state, cleaned with a patch of skin. In ND your possession limits are higher than MN.

Doesn’t it state right in our fishing regs what possession is. Looking into this before even gifting fish to someone they are in your possession until the day after eaten.

Maybe it is under gifting fish in the regs.

This has been my question too, how does a CO tell if those frozen fish are from out of state or not??

We have always assumed that even cooked fish (or pickled) are in our possession until eaten. I think that 100 jar pickle pike guy is violating the rules. How is that different than filling your freezer?

page 13 of the regs.

eating or gifting of fish does not allow angler to take additional fish in the same calendar day.

In that same definition it talks about what is fish in possession.

huskerdu wrote:

I have questioned the freezer laws, fish ND a lot and bring back fish from out of state, cleaned with a patch of skin. In ND your possession limits are higher than MN.

as long as you keep your dakota license you should be good.

few years ago before these new pike regs went into affect i sent the DNR an email. at that time the sand lake-bowstring system you could take 9 pike 22 and under. the DNR specifically told me as long as you have a sales reciept from someplace in the area id you had more then 3 pike you where legal. this was when the state was a 3 pike limit.

I’ve heard of guys leaving Canada with their limit and got pinched because they had leftover fish soup that they had made in camp. They were over their limit.
I’ve always counted pickled pike as being in possession.

Joe Scegura wrote:

I have a couple questions regarding fish transporting, possession and processing fish.

As I understand the MN state law you are allowed one limit of fish per eligible angler. You are also not allowed to transport raw fish without it being processed or the fillet must have a patch of skin on it.

Now my question comes in on when does a fish leave your possession? Once it’s cooked or processed? Is canning a process? It’s not cooked but it’s been through a process to prepare it for eating. I personally like to egg wash, bread and then freeze my fish so they are nearly ready to eat.

I assume you can transport uncooked canned fish? If so can I transport my frozen “processed” breaded fish? Thoughts?

Also based off of the stories I’ve heard from guys spearing they get a limit of pike for themselves and a limit for his wife and then he cans them. He basically did this every winter and had 100’s of jars of pike. I assume this is also legal?

I know there is a lot to this post but I figured it was all connected.

I don’t have an answer to your question about when a fish is no longer considered to be in possession. I’m still looking but I suspect that a cooked uneaten fish is still in possession. Same with prepared but not cooked fish.
Where possession is defined in MN 97A.015 as

Subd. 36. Possession means both actual and constructive possession and control of the things referred to.

The bolded line quoted above threw me for a loop. My understanding is that fish do not need to be processed or filleted before transporting. You are suggesting that raw fish cannot be transported unless processed.

MN SS97A.551 says

Subd. 4.Walleye; northern pike. Walleye and northern pike may be possessed, transported, or shipped in a dressed or undressed condition.

Undressed is defined in 97A.015 Definitions as

Subd. 50.Undressed Previous fish Next .

“Undressed fish” means fish with heads, tails, fins and skins intact, whether entrails, gills, or scales are removed or not.

Looks like a whole fish can be transported without being dressed or processed.

i have heard of guys going to Lake Michigan catching a 10 fish limit, then dropping those 10 fish off at the smoke house and going for 10 more fresh fish. before heading home, stop at the smoke house and now the transport 20 fish back home. after a week of fishing

sounds tempting to me

Mike W wrote:

page 13 of the regs.

eating or gifting of fish does not allow angler to take additional fish in the same calendar day.

In that same definition it talks about what is fish in possession.

Mike, I think the fish in possession is fairly clear. What’s muddy is when it goes from “in possession” to being processed or consumed.

“In possession” at face value would then include fish mounts I have on the wall. Yet we believe they do not count towards my possession limit.

Charlie W wrote:

This has been my question too, how does a CO tell if those frozen fish are from out of state or not??

I believe you need to have the fish packaged with patch of skin visible and clearly labeled with date, specie, quantity, and lake and location when transporting or at home in the freezer.

The Reg booklet is a summary of the statutes. One would need to look into the state laws for definition.

I found this although I’m not sure it answers everything?

http://www.revisor.mn.gov/rules/6262.0100/

I remember being blown away the first time I went up to AK to snag sockeye and seeing all the Japanese folks with semi professional pressure canning contraptions setup in the campgrounds to process the fish to bring back home.

Thats a good point about fish mounts Andy. Since there doesn’t seem to be anything pertaining to that it may technically still count towards possession. Not that Ive ever heard anyone get questioned for this.

Not finding a definition of when game is no longer in possession I started thinking about what possession is.

Granted, I’m no lawyer but I have slept at a holiday in.

If you simplify the definition of possession of game to the definition of possession then possession can be similar to ownership. Ownership relates to the concept of title. Taking possession in my mind means something similar to ownership and title of something.

How can possession of title end?
Game can’t be sold by regular game license holders. That’s out.
Game can be gifted, and the title still resides with the original owner until the next day.
Destroying the possession. This would include eating, or IMO mounting where the flesh is destroyed while the skin is preserved.
Destroying by other means, disposing in garbage or burning for example, would be wanton waste. That should be out.

Destroying seems to fit. The question becomes, when it is destroyed?
When cooked or brined? IMO, no because the flesh is still intact and in your possession.

That doesn’t mean the law agrees. Just my noodlings on the concept.

So we’re back to the turd theory.

Kyhl wrote:

The bolded line quoted above threw me for a loop. My understanding is that fish do not need to be processed or filleted before transporting. You are suggesting that raw fish cannot be transported unless processed.

I was just referring to filleted fish only, of course you can certainly transport whole fish. Sorry if I confused you.

I’m glad I stumped most people here. I get asked these questions from time to time and I have no answer for them.

Kyhl wrote:

Destroying seems to fit. The question becomes, when it is destroyed?
When cooked or brined? IMO, no because the flesh is still intact and in your possession.

So you are saying that pickled fish should count toward your limit then? I agree, but I don’t think that’s how it is. The fish is chopped up and unidentifiable. The jar would need to be labeled with the detailed contents.
(.4 Northern Pike??)

After reading everyone’s reply’s one would think it is illegal to transport a jar of pickled fish… there’s no patch of skin… there’s also no way to know what’s in the jar… so many rules! Fishing is a very important part of my life and I should be able to know the MN rules and it’s frustrating I do not…

biggill wrote:

So we’re back to the turd theory.

So, can you transport any fish without a patch of skin that is not in turd form?

800,000 fishing licenses sold in MN, yet there isn’t enough coordination or grassroots efforts to get even 1/5th of those purchasers to lobby for more efficient and streamlined regulations. Seems like MN bends over backwards in the legislature every year to figure out a way to add 10 more pages to the hunting and fishing regulations.

SD did it right. Transport your possession limit legally and once at your residence, no possession limit.

Vague wording leaves law enforcement flexibility, if you are not selling fish privately odds are no one ever is going to check your freezer or canning shelves. Only keep what you can use, check consumption guidelines for the waters you fish.

I don’t think we need any more laws. Sometimes it’s just better to leave things gray.

I haven’t heard of ANYONE getting a ticket for “transporting” pickeled fish.

I haven’t heard of ANYONE getting a ticket for over possession with a fish on the wall… but maybe my guy mounts them wrong with the meat still inside.

I haven’t heard of ANYONE getting a ticket for transporting battered fish to a fish fry.

I think we just let this one ride out guys. Common sense. Unless the CO’s start massive stings at taxidermy shops or start pulling people over suspicious of transporting pickled northern and battered fished…I say you let a sleeping dog rest. Over thinking.