Fish possession explained

[Crow Terminator]

We've been in a discussion regarding the fishing regulations about how many fish a person can legally keep. The book says you can only possess twice the daily limit IN THE FIELD. Where this is getting questions is, what is the clarification on that. Does that only pertain to say...camping or what not? Or does that also include at home in the freezer. I've ran across an individual who is catching twice the limit...then going home to clean them, and says once he does that, it wipes the slate clean and that he can legally go back and catch more fish if he wants, so that's what he does. He says he has close to a hundred trout in his freezer that he caught just last week. I was thinking the possession law applied to at home as well but maybe I'm wrong.

 

[scn]

Here is what the Fishing Guide says:

Possession Limits: The total possession limitis twice the daily creel limit. You may not havemore than the daily creel limit with you whileafield. It is unlawful to have, while afield, anyfish which has been altered so that its speciesand/or total body length cannot be determined.

You can only have the daily creel limit while in the field.

 

[scn]

Here is the statute that deals with the possession of all wildlife including fish:

70-4-204. Cold storage of wildlife — Penalty for violations.

(a)
(1) No person, firm or corporation shall place in cold storage at any one (1) time more than two days' bag or creel limit of any wild animals, wild birds, wild fowl, or game fish.
(2) No person shall place in commercial cold storage any wild animals, wild birds, wild fowl, or game fish without first filling out and filing with the storage company an affidavit stating that the same has been lawfully killed or caught and is stored for the affiant's own use and benefit and not for sale. No person, firm or corporation engaged in the business of cold storage shall receive any wild animals, wild birds, wild fowl or game fish, unless such affidavit has been made by the person storing and delivering to the storage concern. The storage concern shall post the affidavit upon a book kept for this purpose, which book shall be open at all times to the executive director or officers of the wildlife resources agency.
(b) A violation of this section is a Class C misdemeanor. Each wild bird, wild animal, or wild fowl or game fish stored in violation of this section is a separate offense.

 

[scn]

The individual you are talking about is in gross violation of the law. He is only allowed a daily creel limit each day, and not a possession limit.

He is allowed a possession limit (twice the daily creel limit) in his freezer. Once he consumes or gives away some fish, he can have in cold storage a possession limit. Putting them in the freezer does not "wipe the slate clean" for either the daily creel limit or possession limit. The most he could legally have in his freezer is 14 trout.

That cold storage law is rarely enforced, but that is the legal side on the books.

 

[Chiflyguy]

The individual you are talking about is in gross violation of the law. He is only allowed a daily creel limit each day, and not a possession limit.

He is allowed a possession limit (twice the daily creel limit) in his freezer. Once he consumes or gives away some fish, he can have in cold storage a possession limit. Putting them in the freezer does not "wipe the slate clean" for either the daily creel limit or possession limit. The most he could legally have in his freezer is 14 trout.

That cold storage law is rarely enforced, but that is the legal side on the books.

I was gonna ask this same question.
I've seen on Facebook of guys, the same guys limiting out on walleyes day after day.
If the daily limit is 5, isn't it only 10 total in fridge/freezer?
I'm surprised the TWRA ain't knocking on doors.
I wonder what the walleye fishings gonna be like next year.

 

[scn]

I was gonna ask this same question.
I've seen on Facebook of guys, the same guys limiting out on walleyes day after day.
If the daily limit is 5, isn't it only 10 total in fridge/freezer?
I'm surprised the TWRA ain't knocking on doors.
I wonder what the walleye fishings gonna be like next year.

Yes, they personally could only have 10 in the freezer.

However, if they have other family members living at the address of the cold storage, they can "give" a daily creel/possession limit to each family member. As an example, if it is a family of four, they could legally possess a total of 40 (after 8 days of taking a daily creel limit). Anything over that would not be legal.

TWRA cannot search a residence without either a search warrant or consent to search (or in a rare case of an exigent circumstances search in an emergency). They can't get the search warrant without probable cause.

Again, it is a law that is rarely enforced. In the case of the idiot that Crow has described, they might get the warrant and make the case if they had knowledge of that foolishness going on.

 

[Bell3wv]

Stay away from my freezer!

 

[Antler Daddy]

Game (fish) hogs

 

[M T Pockets 000]

Thanks for clearing things up scn.

 

[Headhunter]

I do not know of even one fisherman or hunter who agrees with the possession limit. Absolutely stupid law and I believe that could also be beat in court if it came to that. People I know who are for sure LEGAL and obey game laws, think nothing of having several limits in their freezer, meaning they only caught or killed a 1 limit in a day. Like I said I do not know of anyone who even remotely pays attention to the possession limit when it comes to their freezer in their own home.

 

[Crow Terminator]

I agree with it and wish it was enforced. It is in place to keep people from raping fisheries. I know I'm in the minority but I believe in taking out what you can eat in a meal and not stock piling. That was the problem with the ammo and toilet paper hoarding; some people just can't help themselves and will take just because it's there. Not because they need it. You have people that don't work, who can go every day and really put a hurting on places like stocked trout streams. The individual I was talking about in the original post, will go every day and bring home 20-40 trout. Whatever he can catch in a day, and thinks once they hit the freezer that everything just disappears and starts at zero. Put this in mind...when they stock trout, they may only put in 400 fish and they don't go far from the stocking spot. One man and his crew can put a hurting on 400 fish when they have the attitude of this particular individual.

 

[Lt.Dan]

I'm not saying this is right. It definitely would still be a violation of possession limits. But if a normal person went out and caught a limit say 2 or 3 times a month, placed in the freezer said limits with the dates they were caught, eventually he would be well over the "possession" limit if he did not eat the game on a regular basis. I would hope the TWRA would give some leniency if they discovered the overage. It would show they were not being greedy as the OP guy is.

 

[Crow Terminator]

The biggest thing is...most people don't even know it is a law. It's not in the guide as it is written here about the cold storage. I vaguely remember it being brought up before on the fishing forum here some time back, but could not remember the exact wording of it...thus why I asked about it here. I was *ALMOST* positive it was a law but wanted to be sure about it. Even if it wasn't, I would still be the same way about only keeping what I could eat in a meal or two. Even with crappie, I usually only keep 4 or 5.

 

[wildside]

There used to be a guy who fished from the campground on the Caney who would catch all he could. He told me he "had" license numbers from members of his church. He would catch a limit or two and put them in his camper, then continue to fish. I told him to stop or I would turn him in. He said he was feeding church members. I gave him 10 bucks and said"go buy hamburger" Next day I turned him in...he had 300+ in his freezer at his residence. Never saw him again....

 

[Headhunter]

There used to be a guy who fished from the campground on the Caney who would catch all he could. He told me he "had" license numbers from members of his church. He would catch a limit or two and put them in his camper, then continue to fish. I told him to stop or I would turn him in. He said he was feeding church members. I gave him 10 bucks and said"go buy hamburger" Next day I turned him in...he had 300+ in his freezer at his residence. Never saw him again....

If he caught one limit per day on his license, I don't care how many he freezes. Catching multiple limits in one day on his and others licenses is just wrong.