Transporting Fish / Possesion Limit / Processed Fish ???

MJM wrote:

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.

Agree completely.

What started my thought process on this subject was can I transport a jar of pickled fish or partially/fully prepared fish? How about your potluck contribution at a local get together? Of course these are actions that occur on an everyday basis in MN but is it legal…?

Most of us would not keep over limit or break any other law but this one falls in a gray area and it seems people/CO’s have no problem breaking gray area laws. That is until some unlucky person finds that certain CO who wants it to be an issue. Do we just chance it and hope we don’t get a ticket? I personally hope to avoid a run in with the law at all costs.

I’ve called CO’s about gray law issues in the past and I’ve gotten conflicting answers. IMO there should be no conflicting answers…ever. A law is a law. Right and wrong. I’m embarrassed for us when I run across these issues.

ClownColor wrote:

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

So I should be able to bring battered frozen fish pieces to the shore of the Rainy river next year and enjoy a fish fry after my day on the water… right?

ClownColor wrote:

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.

I couldn’t agree more but I hate to be that guy that wasn’t thinking. Rather be the over thinker. That way when I show up in the Outdoor News “Cuffs and Collars” at least I did my best.

Joe Scegura wrote:

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

You maybe can’t not do it, if I understand it correctly.

ClownColor wrote:

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.

My thoughts too and I agree totally. A lot of hubbub about something most of us never have to worry about.

I was thinking about Joe (the OP) though, being a guide and thinking he probably gets a lot of questions from clients about keeping fish.

His quote…”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…”

Joe Scegura wrote:

So I should be able to bring battered frozen fish pieces to the shore of the Rainy river next year and enjoy a fish fry after my day on the water… right?

There’s an answer for this one.

Subp. 5. Possession of fish while on state waters.
A. Fish that are taken by angling and not immediately released into the water after capture are considered to be in possession. Once a limit of fish has been reduced to possession, no culling or live well sorting (the act of replacing one fish with another one) of that species is allowed.
B. A person shall not angle for, including catch-and-release, or reduce to possession any species during its closed season.
C. Once a person or persons fishing as a party as provided in Minnesota Statutes, section 97C.317, retain a daily limit for a species, all fish of that species that are subsequently taken must be immediately released into the water after capture.
D. While on or fishing in state waters with size restrictions that differ from statewide regulations, including experimental waters, special management waters, boundary waters, or any other waters with size restrictions, all fish for which the different size restrictions apply must be undressed and measurable when in a person’s possession, regardless of where taken, except under the following conditions:
(1) when a watercraft is docked or moored to shore or when on the ice and a person is in the act of preparing and using the fish for a meal; or
(2) when a person 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.
When fish are consumed under subitem (1), the angler must maintain the carcass of a fish with size limits in such a way that the carcass may be readily unpacked, unwrapped, and separated so that the carcass may be examined, measured, and counted to ensure compliance with size restrictions for that day, as defined under Minnesota Statutes, section 645.45.
E. 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.
F. A person who is in transit on the water, taking the most direct route back to the person’s lodging or docking, and not fishing, may possess fish outside of or in excess of the limits for that water body, if the species were legally taken from connected waters.

@Biggill, Wouldn’t section D of your post apply to the Rainy River?

According to the 2019 Fishing Regulation book LAKE OF THE WOODS including the Rainy River from the mouth upstream to the dam in International Falls is included in the WATERS WITH EXPERIMENTAL AND SPECIAL REGULATIONS.

E. Specifically excludes Experimental and Special Regulation lakes.

In that case, no, you can’t have dressed fish from another lake on the Rainy. You could leave them in a cooler in the truck then use them on shore for a fry. I wouldn’t put them in your boat and go out on the water. Might be able to get around this if you become a licensed fish packer.

I have heard of other guides becoming licensed fish packers and it might be in your best interest to do so. Maybe the process of obtaining the license includes more detailed info on the rules.

Kyhl wrote:

In that case, no, you can’t have dressed fish from another lake on the Rainy.

Correct, I certainly wouldn’t bring them in the boat.

Kyhl wrote:

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.

So based on this it looks like I can have fish in possession from another lake as long as I am not on the water with them. Now I just have to figure out if I can transfer processed fish.

The part that says “any fish” tells me it doesn’t matter what condition they are in. “Processed” doesn’t seem to be a thing in MN.

I think it says you can only if they have been packed by a licensed fish packer.

Please name me a likely scenario in which you would be transporting jars of pickled pike, or bringing pre-breaded fish to a pot luck, or whatever, and you would have the occasion to be stopped and checked by a conservation officer.

If you’re not on the water or in the act of fishing, this is a non-issue. Wouldn’t a CO (or any other LEO) need either a warrant or probable cause to search your vehicle for all that smuggled picked pike?

I get that the MN regs can have some gray areas, but you have half the state asking for simpler regs and the other half who think we need to define what every single word means so it can be “clear.” Honestly, if you don’t understand what it means to possess an object. . .

biggill wrote:

The part that says “any fish” tells me it doesn’t matter what condition they are in. “Processed” doesn’t seem to be a thing in MN.

Thanks Guys. So, Biggill you are thinking it is illegal to bring pickled fish or any fish for that matter along with you while fishing a body of water where there are closed seasons.

Example: Eating some pickled northern pike while sitting on the river bank fishing carp where pike is out of season. Your research says illegal, right?

Example #2: Eating crappie on the shores of the Rainy River where walleye is closed should be legal, right? Granted the fish never entered the boat.

tangler wrote:

Please name me a likely scenario in which you would be transporting jars of pickled pike, or bringing pre-breaded fish to a pot luck, or whatever, and you would have the occasion to be stopped and checked by a conservation officer.

If you’re not on the water or in the act of fishing, this is a non-issue. Wouldn’t a CO (or any other LEO) need either a warrant or probable cause to search your vehicle for all that smuggled picked pike?

I get that the MN regs can have some gray areas, but you have half the state asking for simpler regs and the other half who think we need to define what every single word means so it can be “clear.” Honestly, if you don’t understand what it means to possess an object. . .

Thanks Tangler. My scenario is bringing some fish to fry after fishing on the Rainy River. We camp on shore and have had CO’s check us. I see where you are coming from but I would like to clear this up. Sorry if this thread offended you in some way.

Joe Scegura wrote:

Example: Eating some pickled northern pike while sitting on the river bank fishing carp where pike is out of season. Your research says illegal, right?

Example #2: Eating crappie on the shores of the Rainy River where walleye is closed should be legal, right? Granted the fish never entered the boat.

Wrong and wrong. Both are in season on that body of water.

When are you going?

ok so here is the big question, can you eat Smoked Walleye while fishing in a boat on Mille Lacs when there is only a catch and release season on Walleyes? what if the walleyes were pickled, would that make a difference?

biggill wrote:

<div class=”d4p-bbt-quote-title”>Joe Scegura wrote:</div>
Example: Eating some pickled <strong class=”ido-tag-strong”>northern pike while sitting on the river bank fishing carp where <em class=”ido-tag-em”>pike is out of season. Your research says illegal, right?

Example #2: Eating <strong class=”ido-tag-strong”>crappie on the shores of the Rainy River where <strong class=”ido-tag-strong”>walleye is closed should be legal, right? Granted the fish never entered the boat.

Wrong and wrong. Both are in season on that body of water.

Ok I was with you stride for stride (so I thought) until this post… how can both be wrong? Please explain. Thanks

mnfishhunt wrote:

ok so here is the big question, can you eat Smoked <em class=”ido-tag-em”>Walleye while fishing in a boat on Mille Lacs when there is only a catch and release season on Walleyes? what if the walleyes were pickled, would that make a difference?

The law as stated in the previous posts says no it is not legal.

biggill wrote:

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.

Although I agree that as a guide Joe would want to know the answer to the question, for most anglers this might not be applicable/relative.
In any case, Andy do you still have that link to the song that never ends. I think that would fit here too

biggill wrote:

When are you going?

I was kicking around going up Saturday… I’ll pass on the fish fry this year, but I’d love to know for the future.

Joe Scegura wrote:

Ok I was with you stride for stride (so I thought) until this post… how can both be wrong? Please explain. Thanks

I was so focused on 2 I thought 1 was about the rainy river as well.

1 is correct until someone can prove otherwise.

2 is obviously wrong.

I’ll be up Sunday through Tuesday. Probably staying same place as you. I’ll be in the white CC.

Might go up Saturday night if I can swing it.

sticker wrote:

Although I agree that as a guide Joe would want to know the answer to the question, for most anglers this might not be applicable/relative.

Thanks Sticker. I have over 20 people in our group that head to the Rainy and we all want to know so I really don’t think I’m the only one. Also nearly everyone I know eats pickled fish (not a fan of the stuff personally) and they bring it everywhere. I guess everyone should just go with it’s not illegal as long as you don’t get caught.

thanks for all of the input and I understand the snarky comments too. I really do. It makes me frustrated I even have to ask this question. I plan on checking with some CO’s if I get an answer I will make sure to post it… even if I’m the only one this pertains to.

I was once told by a local CO that pickled fish in Jars do count towards your possession limit. Now how they determine the # and what type of fish it is. I have no idea. Like others have said – Its not likely they would show up at your home and start counting your pickled fish – That is unless they are given a reason to show up at your door in the 1st place.

I was once told by a CO, don’t be an idiot and you won’t have to worry about what the laws say! LOL…but true!

fishthumper wrote:

I was once told by a local CO that pickled fish in Jars do count towards your possession limit. Now how they determine the # and what type of fish it is. I have no idea. Like others have said – Its not likely they would show up at your home and start counting your pickled fish – That is unless they are given a reason to show up at your door in the 1st place.

I’m beginning to understand how this actually makes sense now.

If all a poacher has to do is “process” fish to avoid prosecution, than what’s the point of possession laws?

ClownColor wrote:

I was once told by a CO, don’t be an idiot and you won’t have to worry about what the laws say! LOL…but true!

Wanting to have a fish fry on an annual fishing trip doesn’t classify as being an idiot.

biggill wrote:

If all a poacher has to do is “process” fish to avoid prosecution, than what’s the point of possession laws?

Exactly! That’s why the guys I know that spear a lot! “Love” pickled fish so much. Loophole?

biggill wrote:

<div class=”d4p-bbt-quote-title”>bob clowncolor wrote:</div>
I was once told by a CO, don’t be an idiot and you won’t have to worry about what the laws say! LOL…but true!

Wanting to have a fish fry on an annual fishing trip doesn’t classify as being an idiot.

a-take-it-easy…didn’t say it did man.

But seriously…yes, you can have SMOKED walleye of ANY size in a boat on ANY lake in MN…Unless of course you have a smoker on the boat then there’s a “possibility” you could have caught it and smoked it…but to my knowledge, that’s not to common.

And yes, you can eat pickled fish on ANY lake in MN, unless, again, you have a pickling contraption in your boat.

And Yes, you can bring walleye, caught from other lakes, to the SHORE of rainy, mille lacs, or any other special reg lake…just not on the water.

I’m not trying to be smart arse, I think it’s being over thought. I doubt a CO would care about those pickled pike putting you over s limit UNLESS you are being an idiot…then they’ll try and throw the book at ya.

Easy Answer Joe bring Panfish with the skin on and fry them when the game warden shows up you still have the fish with skin on to prove it:) I agree why are these rules so complicated. I myself cant eat fish and still spend thousands of dollars and time to fish. It was always nice bringing home a few fillets for my wife who and son who enjoy fish. Heading up possibly Wednesday to Saturday.

Joe Scegura wrote:

<div class=”d4p-bbt-quote-title”>mnfishhunt wrote:</div>
ok so here is the big question, can you eat Smoked <em class=”ido-tag-em”>Walleye while fishing in a boat on Mille Lacs when there is only a catch and release season on Walleyes? what if the walleyes were pickled, would that make a difference?

The law as stated in the previous posts says no it is not legal.

<div class=”d4p-bbt-quote-title”>biggill wrote:</div>
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.

But it could be legal if say you bought walleye fillets at CUB Foods…sometimes on sale for $5.99/lb.

There’s this part of the reg too…

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.

I suppose you’d need the packaging and the receipt? But how would you really do that?

I wondered about this when I was out in a sleeper fish house eating walleye cakes I made in advance and brought to enjoy.

Walleyestudent Andy Cox wrote:

I wondered about this when I was out in a sleeper fish house eating walleye cakes I made in advance and brought to enjoy.

Walleye cakes? I thought you ate Muskie cakes?