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Hows your ice Rico? I think I am on Tue, Wed at latest
Rico, your example with the deer was the best explanation. If your pond has an inlet and an outlet, then size and bag limits apply, this is nothing new, it has always been the law. This includes the need for a license when fishing this even if it is on private property. Anyone who doubts it, try to call a CO's bluff and then go pay the ticket. It is something that is almost never enforced, but if pushed a CO can get real crappy and lay down the law.
hoping to head your way Rico for the ICE FEST, if they get locked up in the next couple days there ought to be some pretty good ice after these single digit nights!!
pretty sad when you need a lawyer to catch a few fish
Yes it is. But I do things around here the "old school" way. It in some cases involves a shotgun.
HaHa thats funny... How about stocking that pond if threre is an inlet and outlet? I mean like grass carp. I wonder how that falls?
Specifically, the state maintains that while triploid grass carp are legal to stock in private waters, every possible precaution to prevent their escape into public waters should be taken by the pond/lake owner.In Indiana, only triploid grass carp are legal...and they are sterile.
I'll disagree with not having to follow the state bag and size limits. Take the undersize fish off of the property and get caught with it and see how difficult it is to explain where the fish was caught from. I don't think it will matter one way or another with the Warden where it was caught from. The Warden has more power than most know. He can cross the state line and enter your home with no warrant to check your freezer.
Bag and size limits do not apply to private waters in Indiana. I have no doubt that a CO would question an angler as to the location where a questionable fish/fishes originated from. They might even issue a ticket if they were so inclined. However, the burden of proof is on the officer to show that the fish came from public water, while the landowner can quickly offer proof in the form of ownership of the pond, probably provide witnesses and permission to fish in order to corroborate the ticketed angler's story, and in my case...receipts where I bought and paid for the fish that are in my ponds. What proof can the CO offer to the contrary? None. Because there isn't any.
Nope, private water is private water. No boating laws apply or licenses are required for any on that body of water. I know it might sound confusing, it took me awhile to digest it myself, but it is pretty simplistic.
NO. You do not need a license to fish private water. However if you are caught transporting fish from that body of water then you very well might be in a pickle.
I am still a tad confused by the example. But any land that touches the water gives access to the water. It becomes "free" domain. Now the issue would be under your scenario hunting. Property lines exist through water concerning shooting of firearms across said lines.
I'm curious as to where in the constitution it states that the Dnr has authority to circumvent the 4th amendment. Not arguing, just would like to see it in black and white.
Probable Cause.