Ice live wells are stil live wells! Be careful!

[NSR Fisher]

Just heard some guy got charged for using a live well, got slapped for all 3 Walleye he had held in there at separate times. Also got a 1 year suspension. The cops were watching him with bino's release 3 different fish from the live well before deciding to move in and charge him.

Just a heads up, they do consider ice live wells possession of a fish so if you don't have tags / there is a zero limit that fish must be released the second the hook is taken out, no exceptions. Have your camera ready to go before you hook the fish to avoid any trouble.

Cutting an ice live well is just the same as tossing it in the live well of your boat. Releasing a fish that has been in an ice live well is considered culling and it is unlawful to do so.

Just a reminder, I don't want anyone making the same mistake this guy did. I would hate to hear of someone trying to get a good picture of a bull trout only to realize holding it in ice water even for a few moments is legally considered possession.

PS: He tried challenging it in court and ended up losing another 3 days of pay from work as well as losing the court battle. The law usually finds a way to win.

[CPT_420]

Seems like common sense to me. What made him think he even had a chance of winning the case?

[bucksman]

sounds like he was in possession of illegal fish, what does the livewell have to do with it. did he try and say that the fish were back in the water?

[NSR Fisher]

To clarify, he didn't have all 3 fish in the live well at one time. It was a one-at-a-time thing while he was trying to get good pictures. He pulled a walleye out of the lake set it in the live well, got his camera ready, took a pic, set the fish back in the lake.

They watched him do this 3 times and charged him for all 3 fish, even though he didn't have any fish in the boat when they finally decided to engage with him.


He was not trying to poach, he was trying to get some nice pictures. He was still in the wrong. Fish not immediately released are considered part of your limit, doesn't matter if it was in the livewell for even a second.

I just wanted to warn everyone since I have seen quite a few videos lately of guys using ice live wells while they get there camera's ready. If that fish is in there for even a second after you unhook it that is possession according to the cops!

[NSR Fisher]

Originally Posted by CPT_420

Seems like common sense to me. What made him think he even had a chance of winning the case?

He misunderstood the definition of possession. He thought because he was setting the fish back after getting his picture he was not doing anything wrong. Its not like he was trolling around the lake with 3 walleye in his boat, I guess he just had an expensive camera that took a few seconds to focus or something or apply a filter. He would bring it in, set it in the well, get camera ready, *snap* back she goes. Same as all the pro's do on TV except the pro's make sure they are not fishing on a lake that has a 0 limit, haha.

[nast70]

So if he left the hook in the fish in the live well, took the pic, then let it go he would be good. Then there is no 'possession'.

[ROA]

I call BS.

[NSR Fisher]

Leaving a hook in a fish while placing it in a live well is ridiculous, Lol.

I'm just seeing a lot of videos coming out now where guys are using live wells to temporarily hold a fish while they get their camera ready. Which is fine if that fish is within your legal limit, but it IS considered a retained fish even if you plan on putting it back.

For example, the fishing geeks just released a video where they used a ice live well to temporarily hold a bull trout. They are technically breaking a law, whether or not a C.O decides to charge them is another. A lot of these kinds of things are up to the officers discretion I assume.

You can call BS but I spoke with the guy at length trying to get details and that's exactly how he explained it. He was holding each fish in the live well for a few moments while he got his camera ready, quick picture and back in the lake. They waited until the third fish to pull up on him & charge him even though he had no fish in the boat when they actually pulled up.

[The Spank]

If that is the case they are really nitpicking. I wonder if this fellow had a history of issues? Seems as if they were watching a certain individual.

[The Spank]

Originally Posted by NSR Fisher

Leaving a hook in a fish while placing it in a live well is ridiculous, Lol.

I'm just seeing a lot of videos coming out now where guys are using live wells to temporarily hold a fish while they get their camera ready. Which is fine if that fish is within your legal limit, but it IS considered a retained fish even if you plan on putting it back.

For example, the fishing geeks just released a video where they used a ice live well to temporarily hold a bull trout. They are technically breaking a law, whether or not a C.O decides to charge them is another. A lot of these kinds of things are up to the officers discretion I assume.

You can call BS but I spoke with the guy at length trying to get details and that's exactly how he explained it. He was holding each fish in the live well for a few moments while he got his camera ready, quick picture and back in the lake. They waited until the third fish to pull up on him & charge him even though he had no fish in the boat when they actually pulled up.

I would strongly recommend wearing a go-pro. Land the fish, hold it up to the camera, film the release. Problem solved.

[Sooner]

Warning, dumb question coming

You catch a nice fish, it's flopping on the ice, you grab camera, takes a few pics, fish goes back in. No issue?

But if you do the ice well thing, drop it in to help the fish and reduce stress while you grab a camera, your culling and can be ticketed etc?

Seems like a officer with an attitude came along that day. I would not consider an ice live well breaking the law as you described the scenario unless your actually holding your limit and are caught culling smaller ones for bigger ones. But i'm not the law.

I don't do the ice live well thing but good to know OP.

[muzzy]

Intimate knowledge of what happened it wouldnt happen to be you who is holding the ticket is it? In any event if indeed its just a matter of placing in water to keep out of freezing elements while a quick picture is taken then immediate release I think thats a bit mean spirited

[TROLLER]

The few ice wells I have come across were never for holding fish for picture taking. Keep em alive in case the F&W guy is spotted, then you can release the illegal fish before they get to you.

[cube]

Originally Posted by NSR Fisher

Leaving a hook in a fish while placing it in a live well is ridiculous, Lol.

I'm just seeing a lot of videos coming out now where guys are using live wells to temporarily hold a fish while they get their camera ready. Which is fine if that fish is within your legal limit, but it IS considered a retained fish even if you plan on putting it back.

For example, the fishing geeks just released a video where they used a ice live well to temporarily hold a bull trout. They are technically breaking a law, whether or not a C.O decides to charge them is another. A lot of these kinds of things are up to the officers discretion I assume.

You can call BS but I spoke with the guy at length trying to get details and that's exactly how he explained it. He was holding each fish in the live well for a few moments while he got his camera ready, quick picture and back in the lake. They waited until the third fish to pull up on him & charge him even though he had no fish in the boat when they actually pulled up.

Sorry just a bit confused. First time you said boat I thought it was just a typo but Twice now you have said boat but why would you use an ice live well with a boat.

[Dr.Shortington]

Originally Posted by cube

Sorry just a bit confused. First time you said boat I thought it was just a typo but Twice now you have said boat but why would you use an ice live well with a boat.

Haha I thought the exact same thing! Prob why this whole story seems....fishy....

No chance F & G would hammer this guy if the story is as told!

[NSR Fisher]

The incident of the guy getting charged happened in the summer, but I was told about it just recently so i figured due to all the videos out there of people using ice livewells I may as well at least warn people that a fish not put immediately back is considered retained.

I made this post to warn people about ice live wells using an example from the summer, it still works because an ice live well is still a live well. If you put a fish in there, it is considered retained and part of your daily limit.

I highly doubt anyone would ever actually get caught doing this in the winter, because most live wells I see are inside peoples tents and the CO's can't exactly see whats going on in there. Still, its better to be safe then sorry.

I just wanted to save somebody the trouble of a big fine. If you don't think you are ever going to get caught or you interpret the law differently go for it. I'm not going to report anyone for releasing fish from a live well. I'm just saying, be careful!

[NSR Fisher]

Originally Posted by Dr.Shortington

No chance F & G would hammer this guy if the story is as told!

That's what I thought and that's why buddy fought it in court! I was so surprised they actually dropped the hammer like that, its the first time I had ever heard of that happening so I figured I would share it!! Even if I prevent one guy from getting a big ticket I consider this post worth it :-)

[NSR Fisher]

Originally Posted by Sooner

Warning, dumb question coming

You catch a nice fish, it's flopping on the ice, you grab camera, takes a few pics, fish goes back in. No issue?

But if you do the ice well thing, drop it in to help the fish and reduce stress while you grab a camera, your culling and can be ticketed etc?

Seems like a officer with an attitude came along that day. I would not consider an ice live well breaking the law as you described the scenario unless your actually holding your limit and are caught culling smaller ones for bigger ones. But i'm not the law.

I don't do the ice live well thing but good to know OP.

I never said I agree with the officers in this case. i definitely think there is a time and place for using livewells as a temporary holding spot!!

I was just as shocked as you were when i heard about the guy actually getting charged and losing his license!

[SNAPFisher]

Originally Posted by NSR Fisher

I never said I agree with the officers in this case. i definitely think there is a time and place for using livewells as a temporary holding spot!!

I was just as shocked as you were when i heard about the guy actually getting charged and losing his license!

I had to reread this thread a couple of times. Seems like you are spreading quite a bit of BS around. I'm speaking of the confusion of ice live wells and flopping fish.

Why are you surprised? So would you think it is okay that someone puts 3 walleye on his/her live well in a zero retention lake, travels around the lake for the rest of the day, comes back to the launch, sees an F&W truck and then releases the 3 walleye. Would you see that as wrong or more wrong?

Point is, F&W officers don't differentiate between the actual story and the above fake one. Why and how could they?

I don't know of anyone ticketed for a flopping fish on the ice that they put back as soon as they could. Maybe questionable handling if it was cold out but that is it.

[NSR Fisher]

Snap, if you read my posts you would see thats not at all what happened.

The guy who told me he got charged told me exactly how I described it. He was holding them temporarily in the live well while getting the camera ready. Not 3 fish in the live well heading back to shore, he was in open water, every fish was back in after the picture. One at a time. People do it all the time on TV, they get the big hog, need to get the camera ready, pop it in the live well for a moment before putting it back.

If he did as you assume, carried around 3 walleye in his live well together at one time before heading to shore that is totally stupid and there should be no confusion that that is breaking the law!!! Holding it in there while you get the camera ready is still illegal but there is a chance someone might be confused as to what the exact definition of keeping a fish is so I figured I would share the story and clarify what this guy did can get you in trouble, no matter your intentions! If it goes in any live well for even a second it is considered retained.

I titled this thread Ice live wells are still live wells because I have seen tons of videos recently where guys are keeping fish in ice live wells while getting the camera ready, I would hate to see someone get charged for that!!

You can call buddies story BS but I'm just repeating what I was told. I was shocked they punished him so severely because it was (in his words) a first time offense and he never had more than one fish in the boat at the time before putting them right back. You see it all the time on TV, guys pop it in there while they prepare to get a good picture. Someone could easily make that mistake.

Cheers.

[NSR Fisher]

Another thing Snap, I shouldn't have used an example from the summer to convey my word of caution about using ice live wells. It's causing people to miss the point of the post. I simply used it because it was what inspired me to make this warning for ice anglers. He very well may have been lying to me, but what he described was still a situation that could lead to a bit of confusion as to what exactly is keeping a fish. Even if he was telling the truth he was breaking the law.

My point is, if you put a fish in a live well, even during ice season, it is considered a part of your daily limit if you read the law word for word.

I simply was trying to be a good guy and warn people to be careful using them because I have seen lots of it recently. I would hate for somebody to be getting a camera ready to take a picture of a fat walleye on pigeon, only for the fish cops to walk up and ask why that fish is in a live well. Or watch through bino's as you put it in there. People with good intentions make expensive mistakes all the time and I'm just trying to help people avoid those kinds of mistakes.

[Fishtracker]

This happened in a boat in the summer?? So why are we comparing a hole in the ice with water in the winter? So every hole in the ice that has water in it is defined as a livewell?

[JareS]

The ice fishing livewells that are being described are NOT illegal. Theres a hole going all the way through the ice its not just half drilled holes that are filled by bucket.

As for the issue of putting the fish in your boat livewell, although its an incredibly stupid interpretation of the law by said officer, it will go to court and become precident for future case law

[SNAPFisher]

Originally Posted by NSR Fisher

Another thing Snap, I shouldn't have used an example from the summer to convey my word of caution about using ice live wells. It's causing people to miss the point of the post. I simply used it because it was what inspired me to make this warning for ice anglers. He very well may have been lying to me, but what he described was still a situation that could lead to a bit of confusion as to what exactly is keeping a fish. Even if he was telling the truth he was breaking the law.

My point is, if you put a fish in a live well, even during ice season, it is considered a part of your daily limit if you read the law word for word.

I simply was trying to be a good guy and warn people to be careful using them because I have seen lots of it recently. I would hate for somebody to be getting a camera ready to take a picture of a fat walleye on pigeon, only for the fish cops to walk up and ask why that fish is in a live well. Or watch through bino's as you put it in there. People with good intentions make expensive mistakes all the time and I'm just trying to help people avoid those kinds of mistakes.

Alright, best of intentions, poor execution
Like I haven't done that 1.5M times on here myself.

It does seem extreme to me as well but when tags came into play it was even more abundantly clear that they would not tolerate anything hitting the live well, even for a second.

I still think most F&W would look at the ice live well for taking a quick pic and look the other way and not raise as big a fuss. Probably not a good theory to try out though.

Now flopping fish on the ice I've seen done in front of F&W and nothing was said. This during the burbot spawn at Gull a couple of years back. I remember that well.

[CNP]

A walleye caught on a special walleye license must have a tag on it before it goes into a live well.

C&R is not Catch and Retain in a live well for a photo op...

Why take the time to put a fish in the well? If the whole intent of fishing is C&R then a persons time should be spent preparing how to take a quick pic before releasing a fish........a plan that includes transferring a fish to a live well is not a good plan.

Catch Limits
In this Guide the word “limit” refers to the number of fish you are allowed to keep or have in your possession. As outlined below, you may not exceed the limit at any water body fished, nor possess more fish than the provincewide maximum.
Possession: A fish is considered retained (kept) when it is not immediately returned to the waters from which it was taken.
If the fish you catch is of a legal species and legal size, immediately decide to release or keep it as part of your day’s limit. Fish kept on a stringer or a live well are considered retained and are part of your limit.

[Sammmy]

Sounds like it was the same post on a different forum. Guy gets caught trying to poach then sends the fish back right before fish cops roll up on him.. Then explains to all his buddy how he had them in his net only or live well for a brief minute while he takes 35 minutes to find his camera to take a picture. Really, are there that many 55 cm picture worthy fish in pigeon?

[58thecat]

Need to hear this from the fella who the fish cops caught doing this...and then we only get 50% accuracy...or perspective.

I catch and release but it's tuff to get the picture so sometimes they are held in the net in the water and sometimes they slip out of my hands and land on the bottom of the boat then the gong show starts, 80lbs lab bouncing around, fish flopping around and me trying to keep my balance...from a distance the fish cops would think it was a drunk red neck doing the jig with his dog...they stay away

[Sooner]

Originally Posted by NSR Fisher

I never said I agree with the officers in this case. i definitely think there is a time and place for using livewells as a temporary holding spot!!

I was just as shocked as you were when i heard about the guy actually getting charged and losing his license!

Agree, seems like a grey area that can be exploited by a over zealous officer.

Good info to aware of at least.

[Pikebreath]

As far as I am concerned, the livewell should be rebranded as the " keeper fish storage hold" and only be used as place to keep "dead fish" meant for eating from drying out.

Kudos to the officer for enforcing the immediate release rule (which makes culling illegal). I'd like to see a further regulation banning keeping live fish in your possession, meaning if you want to keep it, you kill immediately.

[Jamie Black R/T]

Originally Posted by Pikebreath

I'd like to see a further regulation ...

The OP is completely missing the other side of the story...the officers..where most likely all 3 fish were still in the well, or they had witnessed him in fact swapping out larger fish and the fisherman was full of chit.

Buy a bigger net guys....big enough to rest on the gunwales and keep the fish wet...no need to take a stupid ticket over getting a good picture of a healthy fish.

Theres my .02