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Unmarked Tip-ups

Discussion in 'IceFishingMichigan.com' started by Kidd17, Jan 19, 2018.

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  1. RichP

    RichP

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    That's an interesting scenario. More often than not I'm out with my son and all 6 tipups we have scattered have just my name on them. It never really occurred to me until now that could be an issue, hmmm. I've been checked before but it's never come up.
     
  2. mkroulik

    mkroulik

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    I would not have paid this ticket and would have fought it in court, assuming that the law was written as it is now. It does not state anything about having to have the current anglers name on it, it says the OWNER of the tip-up.

    Mike
     
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  3. ibthetrout

    ibthetrout

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    Correct and it's been debated on here before.
     
  4. dead short

    dead short Mods

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    I would say that the way the statute is written a person that borrows the tip up is not the owner of the tip up.
     
  5. Scout 2

    Scout 2

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    Is there a way you can prove ownership of a tipup. I use to use trap marking tags nd fastened them on with copper wire. Friends that I fished with had there own tags and many times we would just remove my tag and they put theirs on it. It seems to me this law was always kind of iffy if more than one was using someone elses tip up. But hey we were young then LOL
     
  6. swampbuck

    swampbuck

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    I think it's a pretty big gray area. I have also heard you better be able to point to the ones you are using.

    Sent from my XT1254 using Michigan Sportsman mobile app
     
  7. dead short

    dead short Mods

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    That's how I approached it. Ask which ones are you using, Count them, check for names, address any issues. If there were inconsistencies in names I would ask about it and document names in case things got left behind.

    It certainly isn't uncommon for people to fish with someone else and/or borrow equipment. A lot of times the officer has been watching tip ups anyway to see who has been tending them, if anyone.

    Every scenario is different.
     
  8. swampbuck

    swampbuck

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    Curious, dead short. As I said earlier it is pretty common here, to party fish. Basically putting out the legal number for the group, and taking turns on the flags, knowing that if there was a violation everybody would get a ticket. Is that something that would normally be acceptable.

    Everyone complies with the possession limit and theirs are pulled if they limit out. And everyone gets the fish they landed.

    Sent from my XT1254 using Michigan Sportsman mobile app
     
  9. unclecrash

    unclecrash

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    Im with you I sit in my shack let them soak for 15 to 30 minutes then run the line if there is two or three of us while diddling in the shack
     
  10. unclecrash

    unclecrash

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    I would fight that too. Thats just silly , if your friend is right there and you tell the CO three are in his use and the guy says ya I have no gear so Im using my friends. I would be upset if he still handed a ticket out!
     
  11. dead short

    dead short Mods

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    From my perspective.....

    If there are three licensed (if required) anglers fishing, six tip ups out and everyone has one pole to me that is nine total for three anglers. As long as everything is on the up and up and no one goes over their legal limit of fish I personally would not push the issue.

    If I walked up to three people legally fishing on the beach with nine rods stuck in the sand, it doesn't really matter to me which pole belongs to which angler. If i check a boat with 6 lines out and two anglers legally fishing it doesn't matter who reels in which rod, only that no one goes over their limit. To me, what you're describing sounds like trolling and taking turns reeling in fish. I personally wouldn't push the issue unless I had been watching and observed some sort of violation that needed to be addressed.
     
    Last edited: Feb 1, 2018
  12. swampbuck

    swampbuck

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    Thank you. That is pretty much the same way it has been treated here. I think it really adds a lot of fun to the fishing trip.

    Sent from my XT1254 using Michigan Sportsman mobile app
     
  13. ibthetrout

    ibthetrout

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    And maybe to add to what Deadshort is telling us, if there were 2 guys fishing 6 tipups, but he sees only one guy tending to all six tipups, then you have yourself a problem.
     
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  14. Fishontippydam

    Fishontippydam

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    "From my perspective..." means alot. It means no matter what, in MI this could be legal, or it could not be legal. Just depends on the day and who approaches you. Maybe even how good or bad of a day the approacher is in. And if a ticket is issued, and you wish to show up and fight it, it also depends on how the prosecutor wishes to approach it. Then becomes the painstaken litigation of determining what the unclear language is. Also prob wouldn't hurt to select a jury which is competent in fishing technique. Which will be very very costly. Again this is by design. This is so the approacher can pick and choose. If it were more clear, then it would be more specific. Like Missouri DNR which have become very descriptive. I see incomplete amendments/updates to be a clear and blatant violation of my Liberty. Which I feel i sm entitled to rant about. After laying it all on the line three wars later. Not a big fan of MI law writters. They could certainly do a better job with our tax $$. Giving the approacher the advantage will never change. It's the appoachee who should have the advantage. With the choice to follow law, or disregard the law with consequence. Unfortunately even if u think u are following the law, there are major consequence trying to interpret that law, like a misdemeanor, court costs, legal rep ect. And the proof is obvious too. Questions like these are great questions to ask. If one submits a question like this thru the proper channel, you either don't get a response, OR u get what we have here today, "law enforcement individual perspective" which will certainly vary from individual and district. Very unfortunate. Guess all we can do spread awareness and hope it gets the traction it needs to change.
     
  15. Crawfish

    Crawfish Premium Member

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    So my kids need to set their own tipups?
     
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