Early season pike

[Shoeman]

Hi Boehr, I bet you don't have anything better to do, than answer a bunch of our stupid questions.
I would like to try some flyfishing for pike. From other posts, I've seen many guys fish the early season (ice out) in shallow bays. Is it legal to target a species that is out of season even with the intent of releasing it?
Years ago I wouldn't have questioned this, but now with certain lakes open for pre-season catch and release bass, I don't know where the law draws the line.
Is the law based on possession or intent?

Thanks again, Shoe

[boehr]

The only stupid question is one that is not asked and you get into trouble doing something wrong because you didn't ask. Besides, that's part of the reason I'm on the site.

No, not legal. The definition in the sport fishing law of take is covered by MCL 324.48702a(1)(b) "Take" and "taking" mean to fish for..., catch,...any species of fish..., regulated by this part, or to attempt to engage in any such activity.
Obviously, the burden of proof is on the state to prove that any person is targeting or attempting to take fish that is not in season.


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"A particular virtue in wildlife ethics is that the hunter ordinarily has no gallery to applaud or disapprove of the conduct, whatever the acts, they are dictated by their own conscience, rather than that of onlookers."
Aldo Leopold

[ESOX]

Shoeman, The season for Northerns is open all year in the big pond a few miles east of you. Try Anchor bay north of the north channel, and all the bays on the flats.

[Shoeman]

Thanks to the both of you. I was not aware of year-round pike fishing on LSC.
Esox do you go right at ice out? I don't want to clog the Fishing Law Forum. I'll repost on Warm Water Forum.

[Hamilton Reef]

Esox or Boehr,

The northern pike season is open all year in Lake St. Clair and I believe the musky season opens about the first Saturday in June. Have you noticed any trends or problems with fishers targeting the musky before June under the guise of fishing for northern pike?

The fish are closely related including the fishing methods and lures used to fish for pike and musky. The large majority of musky fishers practice CPR, and the number of musky fishers are increasing. They would be releasing the "incidental" musky caught anyway. This must be tough for the COs to enforce. Again, is this a growing trend or a non-issue so far?

[boehr]

I can't say because I've never work Lake St. Clair. Have not seen any problems like that where I have worked.

[ESOX]

H.R.,
I haven't noticed any trend in that direction. I'm sure it happens, but it would have to be a deliberate action. Muskie spawn later than Pike, in fact if you are looking at adult fish, the locations at any given time of year don't really overlap much until fall (in the lake, rivers are another story). Adult Muskies are much more tolerant of warm water than large Northerns.

[Coldwater Charters]

Hey Boehr if the case is if it isn't in season it's illegal to target said species, then why do I always see guys with there bass boats out throwing baits around shore and structure with absolutely no question what species they are trying for. It must be real hard prooving what a guys intensions are!!! I see these guys all the time on my way to my boat in St.Joe every year well before season. Seems like the DNR could put on a stalk and just follow these guys till they get there evidence. This seems to be a no brainer to me.

[boehr]

I agree with you Coldwater, to us it is a no brainer. Some places it's easy, some places it's not so easy. You still have to convince a prosecuting attorney and/or a judge who are not fishermen or hunters in some areas who don't know one end of a fish from another. Like I said above, the burden of proof is on the state to prove that any person is targeting or attempting to take fish that is not in season.

[TheFlyfisher]

I think it all comes down too if your a sportsmen or not. I see it all the time too people fishing for bass out of season. I like to take a little pride in what I do.

[Steve]

Hey boehr nice picture. Way to go on getting that set up.