Updated to add: The actual rule/law is 6262.0100 GENERAL RESTRICTIONS ON TAKING FISH Subp. 5.B Possession of fish while on state waters, which says:
"A person shall not angle for, including catch-and-release, or reduce to possession any species during its closed season."
Anyway I had a thought the other day, that touches on this issue.
I wonder just how many bass are caught in Minnesota by accident before the bass season opens? I think the number is probably is probably well over 100,000 and could conceivably be more than a million bass getting caught accidentally in the closed season.
The question then occurred to me, when something becomes a frequent occurrence at what point does it stop becoming an "accident" and instead enter the realm of being an expectation?
I think it is not so much an accident but instead is more of an expectation that out of season bass will be caught while fishing for panfish in the Spring. For instance when I fish at the GOMH for crappies I would be shocked if some bass were not mixed in with the crappies; It is the nature of the location both species are there schooled together. Growing up fishing for crappies on Sylvia/Twin lake in Wright County it was the exact same thing. You never knew if the next bite was a bass, crappie, or sunfish. I am sure there probably are places where you do not have such intense intermingling of species such as these examples. For instance the North end of West Rush Lake in Chisago County comes to mind. For some reason the panfish load in thick on that North end, but bass not so much.
If it can be established that it is an expectation that closed season bass will be caught by people after panfish than it is an awfully thin line that separates legal fishing from the illegal fishing of intentionally fishing for a species during it's closed season. If there is an expectation of something happening, than I would say there IS an intention to see that thing happen if you are engaging in the activity that brings the expectation. When you intentionally go fishing for bass there is always the expectation that you will catch them, whether you do or not.
Is it really possible to have an expectation about catching fish, without the intent too?
6 comments:
I believe there is a difference between expectation and intent. I caught 4 bass going after crappie yesterday. I expected to catch one or two.
I think intent can be shown if you are fishing with something panfish won't go after. You can even "accessorize" a jig to make it less attractive to panfish and more attractive to bass.
However, fishing with a plain jig and minnow, you may expect to catch a bass, even *hope* to catch one, but that doesn't mean you're intentionally trying to catch one.
One of my issues with this regulation is that I think the "intent" does exist no matter what a person's preference of species is. Your intent is to catch fish and bass is a fish, therefore there is intent to catch bass. I don't know how one can escape the simple logic of it.
Ok you can escape the logic by
A) Fishing in a body of water that doesn't have Bass.
B) Fishing with tackle that is large enough that it is impossible to catch bass on the tackle being used.
Neither of these escapes is a practical solution.
"However, fishing with a plain jig and minnow, you may expect to catch a bass, even *hope* to catch one, but that doesn't mean you're intentionally trying to catch one."
I have thought about the concept of "*hope* to catch" and I think it does definitely mean you're intentionally trying to catch. But I think a lack of "*hope* to catch" doesn't really diminish my logic of intent to catch.
I would have to disagree. I think you can target certain species because each species gravitates toward certain baits.
Yes, there is going to be overlap as fish go after anything when they are hungry. But anglers use certain baits because they know the species they are targeting are more likely to hit it than other species. That is where "intent" comes in.
An obvious example is fishing with a spoon. If you're throwing a Daredevil, you're going after toothy bullheads and the likelihood of you catching a panfish with it is pretty much nil. And the DNR will nail you for it.
Bass is a little more of a gray area because they'll strike what panfish like, but if you're casting spinnerbaits or the like, I think it can be proven what your intent was.
"but if you're casting spinnerbaits or the like, I think it can be proven what your intent was."
Must be trying to catch a Bowfin.
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