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Maine => Ice Fishing Maine => Topic started by: 9huskies on Mar 31, 2016, 06:41 AM

Title: Was I fishing illegally?
Post by: 9huskies on Mar 31, 2016, 06:41 AM

Yesterday was probably my last day on the ice this season. I was on a pond with the S-4 rule, no live bait. I baited four traps with frozen shiners and was jigging my 5th line. I caught a smelt on one of the traps but he was too small to trip the flag. I found it when I was picking up at the end of the day. The dead shiner was still there hooked through the back and a live smelt was lip hooked. If a warden checked the trap would I get a ticket for live bait?

Title: Re: Was I fishing illegally?
Post by: Snopro on Mar 31, 2016, 07:16 AM

Yes ;D

Title: Re: Was I fishing illegally?
Post by: woodchip on Apr 05, 2016, 07:46 PM

You were not fishing Illegally, But interpretation is sometimes wrong. it would have  depended on the wardens choice.

Title: Re: Was I fishing illegally?
Post by: HTguy on Apr 05, 2016, 08:49 PM

x2

Title: Re: Was I fishing illegally?
Post by: 9huskies on Apr 06, 2016, 07:03 AM

I know I didn't do anything illegal because there was no intent to use live bait. A warden who is thorough in his quick investigation would have checked my other traps and gone through my gear. He would not have found any other sign of live bait. No live fish or bait bucket. He would have seen the ziplok bag of frozen shiners and dace. I'm on good terms with the wardens in my area. I'll tell them the story when we cross paths.

Title: Re: Was I fishing illegally?
Post by: JDK on Apr 06, 2016, 07:21 AM

Not to be a smart ass but why would you tell a member of the warden service more than they ask for?  Not a bash on the wardens and not saying you did anything illegal.

Title: Re: Was I fishing illegally?
Post by: 9huskies on Apr 06, 2016, 11:00 AM

I don't think of the local wardens as my enemies. When I see him there will be small talk and he'll ask what I've been catching. I'll tell him and then the conversation will turn to mountain biking, kayaking or something else. We aren't close friends but we are people who live in the same town and have some common interests.

Title: Re: Was I fishing illegally?
Post by: Backwater_ on Apr 06, 2016, 11:54 AM

Wardens are sworn to enforce the laws.  If the law states no live bait on the hook, whether intentional or unintentional, you are in violation of the law if there is a live bait fish on your hook.  Don't be surprised if you get a ticket after sharing your story with your warden friend.  He wouldn't be doing his job if he didn't.  This is why we have judges.....to listen to your side of the story.   

Title: Re: Was I fishing illegally?
Post by: JDK on Apr 06, 2016, 01:06 PM

Exactly.

Not saying you have to be a jerk or a jackass, just be careful what you say.

Title: Re: Was I fishing illegally?
Post by: 9huskies on Apr 06, 2016, 01:45 PM

There is no law against taking smelts from that pond or its tributaries, which is all that really happened. With a smelt wholesaler's license I can legally take up to 8 quarts a day. With only one fish I was well within the limit.