Author Topic: legal delema  (Read 2089 times)

Offline Fishboy

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legal delema
« on: Oct 18, 2013, 12:25 AM »
ok so I live in Wyoming. The nearest body of water to me that is truly appealing is in Montana. The bait shop at location closes at the end of summer. Transporting minnows across state lines is illegal. So to be compliant I would have to travel from my house to the nearest MT baitshop(120 miles) then back again to the reservoir (another 140 miles. I have to head back, hit the turn, then head to the res). Any thoughts on how to over come this legally and not own stocks in exon Mobil? Seining license? Kinda tempted to just risk the fine and bring some from the local wyo bait shop.
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Offline mr.clean

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Re: legal delema
« Reply #1 on: Oct 18, 2013, 03:42 AM »
Fishboy I assume you have a nonresident license to fish in Montana does it allow you to trap live bait fish? Also can you legally transport preserved bait fish over state line and fish with that bait. One last idea post in Montana community where you plan to fish see if someone from Montana is willing to meet and fish with you let them by bait fish and split the cost with them.hopefully they will have a shorter drive to a bait shop.
Steve

Offline ice cracker

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Re: legal delema
« Reply #2 on: Oct 18, 2013, 07:18 AM »
ok so I live in Wyoming. The nearest body of water to me that is truly appealing is in Montana. The bait shop at location closes at the end of summer. Transporting minnows across state lines is illegal. So to be compliant I would have to travel from my house to the nearest MT baitshop(120 miles) then back again to the reservoir (another 140 miles. I have to head back, hit the turn, then head to the res). Any thoughts on how to over come this legally and not own stocks in exon Mobil? Seining license? Kinda tempted to just risk the fine and bring some from the local wyo bait shop.
just bring your bait, you will be fine

Offline da man cave shack

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Re: legal delema
« Reply #3 on: Oct 18, 2013, 07:21 AM »
Well you will only have a dilemma if the warden shows up. How often is that?


Offline jopes

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Re: legal delema
« Reply #4 on: Oct 18, 2013, 10:38 AM »
just bring your bait, you will be fine

Really?   This is why our bait laws are so strict.  People introducing invasive species.   

Fishboy, I really do not recommend you do this.
Don

Offline toofuss

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Re: legal delema
« Reply #5 on: Oct 18, 2013, 10:40 AM »
What about gulp?

I was on a bus and just happened to be sitting on a news paper. This guy came up and asked. "Are you reading that ?"
I said  yes, stood up, turned the page and sat back down.

Offline Tmuskie

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Re: legal delema
« Reply #6 on: Oct 18, 2013, 11:15 AM »
There is a reason the laws are there. Odds are that where you buy your bait they get it from a wholesaler.
The shops I get my bait from here in W. Mass is actually from same place in Vermont. All four of them go to the same seller. Personally I wouldn't worry about it.
There's a hole in the Ice,  Dear Liza, Dear Liza.
There's a hole in the ice, Dear Liza, a hole.

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Well fish it Dear Henry. Dear Henry, Fish it.

Offline r3kenned

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Re: legal delema
« Reply #7 on: Oct 18, 2013, 11:47 AM »
Fishboy I assume you have a nonresident license to fish in Montana does it allow you to trap live bait fish? Also can you legally transport preserved bait fish over state line and fish with that bait. One last idea post in Montana community where you plan to fish see if someone from Montana is willing to meet and fish with you let them by bait fish and split the cost with them.hopefully they will have a shorter drive to a bait shop.
Steve

I agree with Mr. Clean, Look into trapping or make a fishing buddy in MT that will buy the bait for you.  I bet if you post on the MT or WY community someone will have better answers for you, or be in a position to help.  No amount of ice fishing is worth the ticket you will get.  The fish you catch with ethical bait will be that much better.

Offline bart

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Re: legal delema
« Reply #8 on: Oct 18, 2013, 11:54 AM »
According to Montana fishing regulations moving bait fish between States is illegal.  http://fwp.mt.gov/news/newsReleases/fishing/nr_0503.html

Click on appropriate area to contact the Warden in the area and ask... http://fwp.mt.gov/gis/maps/contactUs/?areaType=warden

"Many fish their entire lives without knowing that it is not fish they are after."-Henry David Thoreau
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Offline Grumpyoldman

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Re: legal delema
« Reply #9 on: Oct 18, 2013, 12:06 PM »
Bart's right. Contact the local warden or DEC office and tell them the dilemna. They may be amenable to you bringing in bait. And are you sure that there is no closer bait shop to the Montana area you want to target. The warden or DEC office may be able to find closer bait for you.
If you choose to break the law, be prepared for the consequences.

Offline J_Edwards

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Re: legal delema
« Reply #10 on: Oct 18, 2013, 12:42 PM »
You get busted in Montana doing this and you have to worry about fishing there for awhile.

Offline Bschrock55

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Re: legal delema
« Reply #11 on: Oct 18, 2013, 01:56 PM »
How does the law work if you make the trip and buy enough bait to last you a month or more? Can you legally buy a bunch of bait and keep it to use several times? In that case all you would need is a used aquarium off craigslist or something.  It's easy to keep alive for several weeks.

Offline SeisMec

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Re: legal delema
« Reply #12 on: Oct 18, 2013, 02:33 PM »
just bring your bait you'll be fine????? Really?? You going to pay his fine!

I lived there for 6 great years, just moved back the ND. If you're check by a FWP warden and you have live bait you better have a receipt showing that you bought them at a bait store in MT or it's a possible fine and lose of fishing and hunting privileges in MT and ND, ID plus most likely WY because MT FWP has agreements with most surrounding states to enforce MT court judgements against game law violators in those states.

I would do as suggested and find a MT buddy or use gulp or preserved bait.

Offline Nosaj

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Re: legal delema
« Reply #13 on: Oct 18, 2013, 03:33 PM »
Does the regulation prevent you from transporting dead bait fish?  Fresh dead would be better than gulp.

Offline lundin-loading

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Re: legal delema
« Reply #14 on: Oct 18, 2013, 03:56 PM »
If your talking about Tongue Res, I'm pretty sure there's a bait machine in the vicinity that has minnows for sail, no guarantee that its stocked, or that the prices are fair, but its might be an option.

Offline jopes

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Re: legal delema
« Reply #15 on: Oct 18, 2013, 07:15 PM »
just bring your bait you'll be fine????? Really?? You going to pay his fine!

I lived there for 6 great years, just moved back the ND. If you're check by a FWP warden and you have live bait you better have a receipt showing that you bought them at a bait store in MT or it's a possible fine and lose of fishing and hunting privileges in MT and ND, ID plus most likely WY because MT FWP has agreements with most surrounding states to enforce MT court judgements against game law violators in those states.

I would do as suggested and find a MT buddy or use gulp or preserved bait.

heck in Wyoming it is illegal to transport it from one drainage to another, let alone another state.
Don

Offline toofuss

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Re: legal delema
« Reply #16 on: Oct 18, 2013, 07:45 PM »
Man I sure am glad I don't have to deal with this kind of regulation out here in Iowa. Biggest thing I have to worry about here is milfoil and zebra muscles on my boat.

I was on a bus and just happened to be sitting on a news paper. This guy came up and asked. "Are you reading that ?"
I said  yes, stood up, turned the page and sat back down.

Offline ice cracker

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Re: legal delema
« Reply #17 on: Oct 18, 2013, 10:00 PM »
Really?   This is why our bait laws are so strict.  People introducing invasive species.   

Fishboy, I really do not recommend you do this.

most all bait sold is non invasive. Do u guys use shiners over there?

If your bait is invasive then just make sure that where ever you use it already has that fish.

Offline J_Edwards

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Re: legal delema
« Reply #18 on: Oct 19, 2013, 01:26 AM »
Not the point.  The point is, if caught you'll pay dearly, it'll be your fishing rights, probably all your gear.  Chances of being caught aren't great, but when/if it comes to it, good luck.  You'll lose gear and maybe your vehicle too. 

I think it's 100% crap, but my opinion doesn't matter.  The Montana FWP is payed for and ran by, by trout unlimited, who think anything alive other than stocker(not native trouts) in their waters will ruin their fisheries.

Offline SeisMec

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Re: legal delema
« Reply #19 on: Oct 19, 2013, 04:27 AM »
Not the point.  The point is, if caught you'll pay dearly, it'll be your fishing rights, probably all your gear.  Chances of being caught aren't great, but when/if it comes to it, good luck.  You'll lose gear and maybe your vehicle too. 

I think it's 100% crap, but my opinion doesn't matter.  The Montana FWP is payed for and ran by, by trout unlimited, who think anything alive other than stocker(not native trouts) in their waters will ruin their fisheries.

Pretty much nail on the head!  Why take the chance! FWP does do some heavy stocking of "warm water fish", ie walleye, pike, catfish and perch, east of the mountain front. You just have to watch what zone you are fishing in while using bait fish in.

Offline kasilofchrisn

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Re: legal delema
« Reply #20 on: Oct 19, 2013, 01:08 PM »
Where I live in AK live bait is illegal statewide in freshwater.
I never have a problem catching fish including pike,lakers,burbot ,Rainbows,landlocked Salmon etc through the ice.
Deadbait works real well for me whether that is dead hooligan(Smelt) or shrimp or the fake baits. Sometimes no bait works well.
I often laugh when people think no minnows means they can't fish tip-ups or for certain species etc.
KasilofChrisN
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Offline Seedtree

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Re: legal delema
« Reply #21 on: Oct 19, 2013, 03:35 PM »
If your talking about Tongue Res, I'm pretty sure there's a bait machine in the vicinity that has minnows for sail, no guarantee that its stocked, or that the prices are fair, but its might be an option.

For at least the last few years there has been a vending machine at the marina during the winter that has live minnows for $5/dozen.  Sometimes it is sold out - ice fishing at TRR has become a popular activity lately.  I would imagine one could find out who stocks that vending machine and make a separate arrangement for delivery in state.

The other poster is correct that one in possession of live minnows in MT is supposed to have a receipt from the bait shop (which is supposed to be licensed).  I have been checked many times by game wardens at TRR (both soft and hard water) and have never had a receipt.  But I'm from MT so it may not be a red flag.  An out-of-stater with live minnows would likely be a bigger red flag if you didn't have a receipt.


Offline rambo51

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Re: legal delema
« Reply #22 on: Oct 19, 2013, 05:23 PM »
 
I think it's 100% crap, but my opinion doesn't matter.  The Montana FWP is payed for and ran by, by trout unlimited, who think anything alive other than stocker(not native trouts) in their waters will ruin their fisheries.
At least someone on here isn't blinded by all the political Bulls**t that the Fish and Guts is trying to feed to every person in Montana. ;D ;D ;D


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Offline hnd

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Re: legal delema
« Reply #23 on: Oct 19, 2013, 08:07 PM »
If you're check by a FWP warden and you have live bait you better have a receipt showing that you bought them at a bait store in MT

is it law you have to keep all receipts from the bait shop? while a warden can put 2 and 2 together (kid from WY no bait shop on the way, etc), whats to stop a kid from saying, we'll i paid cash for these? 

i'm not saying the kid should break the law but i can't imagine a warden demanding receipts.

Offline krcat40

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Re: legal delema
« Reply #24 on: Oct 19, 2013, 08:33 PM »
In MI they demand receipts. Been checked a couple of times

Offline jopes

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Re: legal delema
« Reply #25 on: Oct 19, 2013, 10:12 PM »
most all bait sold is non invasive. Do u guys use shiners over there?

If your bait is invasive then just make sure that where ever you use it already has that fish.

Not so simple.   Example.  I have a seining permit for drainage 5a.  If I go upriver past the power plant (area 5b) my seining permit is invalid, I also cannot take my trapped bait up river past the power plant.  EVEN though they are on the same river.  By law I can only buy one permit per year for one single drainage, and you have to have a receipt for live bait any where else in the state. 

Kicker is wild caught minnows get a bait receipt which is only good for 15 days.  By law your supposed to kill said bait.  We do have some state wide places that sell bait but there are many miles in between and the closest to me last year was charging $6.50 per dozen for fatheads.  And a dozen is 12.   Not 13 or a scoop, just 12.
Don

Offline SeisMec

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Re: legal delema
« Reply #26 on: Oct 20, 2013, 01:34 AM »
Straight out of the Montana FWP regulations.

It is unlawful to:
• move live fish, aquatic invertebrates or plants from one body of water to another without
FWP authorization;
• use parts of trout, salmon or whitefish for bait; and
• release any live aquarium fish or bait fish

• Possession of live non-game fish is prohibited on waters closed to using live fish as bait.
• It is illegal to release live bait of any kind into Montana waters; do not empty any live bait
containers at your fishing site.

Live Bait
• Live bait fish may not be imported into Montana, except by permit for use in Bighorn Lake
and Afterbay Reservoir. Bait fish collected in the Bighorn River drainage of Wyoming
may be imported under a permit issued by FWP. For a permit, contact the FWP Fisheries
Division at 2300 Lake Elmo Drive, Billings MT 59105 or call (406)247-2940.
• Live animals such as meal worms, red worms, night crawlers, leeches, maggots, crayfish,
reptiles, amphibians and insects may be used as bait on all waters not restricted to artificial
flies and lures. Leeches may only be imported into Montana from FWP-approved leech
dealers. Anglers who import leeches must have in their possession a bill-of-sale from the
approved out-of-state leech dealer when fishing with leeches in Montana. A list of approved
out-of-state leech dealers may be obtained from FWP by calling 406-452-6181.
• Non-game fish that may be used as live bait in the Central Fishing District include all nongame
species except black bullheads, bluegill, carp, goldfish, green sunfish, pumpkinseed,
rainbow smelt, sculpins, stonecats and yellow bullheads.
• Live non-game fish may be used as bait only in the following waters:
Bighorn Lake and Afterbay Reservoir
Bighorn River—Afterbay Dam to the cable 600 feet downstream, and downstream
from the Bighorn FAS
Clarks Fork Yellowstone River—downstream from the bridge at Bridger
Marias River and tributaries downstream from I-15
Missouri River downstream from Morony Dam
Muddy Creek Drainage near Vaughn, including all streams and drainage canals
Teton River and tributaries downstream from I-15
Tiber Reservoir (Lake Elwell), Toole and Liberty counties
Yellowstone River and all streams and ditches in the drainage downstream from the
mouth of the Clarks Fork (except the section of the Bighorn River between the cable
600 feet downstream from Afterbay Dam and the Bighorn FAS).

Offline Hardwaterhunter

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Re: legal delema
« Reply #27 on: Oct 20, 2013, 01:40 AM »
 Always abide by State Laws.

Offline Fishboy

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Re: legal delema
« Reply #28 on: Oct 20, 2013, 10:21 PM »
Thank you all for the input. I think I will look into purchasing from a mt dealer and seeing if I can get them delivered near by, keep them at home with certificate, etc. Going to contact mt fish and game too. Thanks everybody.
A group of ice fishermen is a chatter or chill, although the term loony is often used, particularly by wives of ice fishermen.

~ Patrick F. McManus in The Grasshopper Trap

Offline jopes

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Re: legal delema
« Reply #29 on: Oct 20, 2013, 10:56 PM »
Thank you all for the input. I think I will look into purchasing from a mt dealer and seeing if I can get them delivered near by, keep them at home with certificate, etc. Going to contact mt fish and game too. Thanks everybody.

You will not be able to keep them at home in Wyoming, and take back to Montana. 
Don

 



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