Pond Boss Forums MANAGING AN EXISTING POND Corrective stocking DNR issues

Not sure if this is the appropriate spot for this as it could cover a few areas but I had an interesting run in the other day. While fishing my 2 acre pond (that was excavated and stocked by my family) a conservation officer entered the property. I have realized they have a very broad authority to do so (even if I don't agree that they do not require probable cause) but I was still very surprised. At first he came off as nice but when I told him I didn't have a valid fishing license (expired end of March and haven't gotten a chance to renew it) he got a little... Shall we say bossy? Asked me to come to shore and while he didn't ticket me he did write me warnings for no license, no throwable floatation device, and to many bass in the live well. All of these surprised me but the fact that I was required to follow catch limits on a privately stocked pond really got me. I had spoken with the fisheries biologist a few months ago about transferring lmb (pond is bass crowded) to another pond we have prior to getting my perch and shiners and was told by him it is perfectly fine and I don't have to follow any limit or get any permits. Now DNR is telling me otherwise about permits and numbers. The point of this is to both inform you guys of what I have been told by DNR (in Illinois) and ask if you guys have any advice? I'm not sure in this instance who is the governing authority? Either way it's pretty ridiculous that I have to follow these rules wheni paid for the dang fish... At least in my opinion

From what I see, it looks like you are still subject to statewide sport fishing regs, even on a private BOW. Doesn't look like you need a license to fish it, provided you live on the land?

I found info here: http://www.ifishillinois.org/FAQS/

Based on this, private pond owners in Illinois are also regulated to size and quantity of fish that can be taken. So for example, if you have too many small LMB in your pond, you cannot cull them without a permit??

This is absolutely correct per DNR headquarters in Springfield - I called them on this 2 years ago and almost lost my cool.

It's a little known rule here...the '6 bass creel limit' applies to ALL BOW's in the state. I stumbled across it because I'm a bit OCD and read the entire regs book fairly regularly...and the creel limit rule seemed to apply to all waters in the state. When I called they confirmed it.

Me - 'So let me get this straight...I paid to build the pond on my property, and I paid to stock it. The fish in it are mine. If I want to drain the pond and kill every single fish in it all at once that is my right. But you're telling me that if I use a rod and reel I can only take 6 bass out a day?!?'

DNR - 'That is correct.'

Apparently this was enacted to give the CPO's some power in the case where a person has a private BOW very close to a public one...there were cases where they'd catch a ton of bass and then 'jump the fence'. This law lets the CPO get them anyway.

I know that you don't have to have a fishing license if you're fishing a BOW you own and live at. Not sure about the 'floatation device' but I bet that's the law as well...I'd get a ticket for this one every time I get out on the pond.

Bill I don't believe there are any statewide size limits on any fish - there are plenty that are water-specific but nothing that I'm aware of that would limit by size across our 'great' state.

Correction - I just went and read the 2015 regs...there's a statewide reg on Walleye and Sauger on size. You can't take a Walleye or Sauger less than 14". Even on your own property.

That might be an interesting conversation if that law was attempted to be enforced on my property.

Sounds like maybe the pond owners of Illinois should consider working together with their voted-in reps and make some changes to the books.

That also might be interesting if an over zealous CO wanted to interpret "take" as having in your possession, and were stocking them in your pond. Pays to have a receipt for the fish you purchase I suppose!!

I'd like to say something, but it might be construed as being inappropriate to pond discussions so will just say "that sucks".

We always use PFDs on our pond both as a a safety measure and as a good example to visitors. I feel this prudent regardless of the law.

I do also Dwight but have a problem with a government mother coming on private property and ticketing a private owner for doing his own thing and determining his own level of risk he is willing to bear. What if we were all required to wear arm floaties when we swim?

Freedoms are not taken away all at once. That would result in a revolution. They are taken away slowly, one at a time, till we wake up one day and realize we no longer live free, but in a police state.

I guess I shouldn't take for granted what I already have. In Indiana, private water is just that. Yours, to do with as you see fit.

Receiving a ticket (warning) for not wearing a PFD on your own, private pond? Wow.

Zslow6 that don't hardly seem right...it's not that way here.

Private Water, Private Land

A fishing license is not required to fish in privately owned lakes or ponds.

For persons fishing in public water from private property, a fishing license is required.

It is unlawful to fish on privately owned water,
or enter private land to fish in public water,
without the express permission of the owner or the owner's agent.

http://tpwd.texas.gov/regulations/outdoo...ing-regulations

I've been and active member and officer of the West Virginia Aquaculture Association for many years. We worked long and hard to get all private waters moved from under DNR jurisdiction to being under WV Department of Agriculture jurisdiction. It has been at least five years since the transition.

Our ponds are now the same as a cattle farmer's pasture, and our fish are no different than the cows in that pasture. It also took us out from about 35 different government oversight groups to about seven. Pond muck and fish poop is now the same as cattle or chicken manure. Prior to the change, pond muck and fish poop was considered hazardous waste and fell under multiple agencies. It was a nightmare.

So, yes! I don't know anybody in the Illinois Aquaculture Association, but you should be able to get in touch with your local Extension Service representative. If that doesn't work, get in touch with your local Farm Bureau representative.

Geeze, as I was finishing this -- I just remembered we have a very good Pond Boss friend who may be able to answer some questions, if you can slow him down long enough to talk with him. He is out of Peoria, IL, and his family's reality TV show, LAKE LIFE, premiers tonight at 10:00 PM Eastern Time on the DIY network.

That would be Nate Herman, or N8ly here on Pond Boss. Their website is Herman Brothers Lake and Land Management.

Nate is an incredibly friendly and helpful individual. He and his brother Justin have done a lot of unbelievable things in Illinois and surrounding states.

Maybe he will see this, but if not, send him a PM via this website.

Ken

Or to say it another way...put a pot of water on the stove and bring it to a boil, then throw a bullfrog in - he'll hop right out.

Put the bullfrog in the pot of water and THEN put it on the stove, and slowly bring up the temps...by the time he notices there's an issue he'll be cooked.

It's hard to live your daily life here in Illinois without violating some law. Most people around this rural area learn to ignore them. There are no laws I will ignore quicker than those pertaining to a pond I paid to build and stock.

FWIW When I contacted the Local DNR regrading assistance in building our pond the reply was, we don't support pond building anymore yet....one nice guy came out on his lunch hour and offerred up advice. Just remember, the guys you and I see did not make the laws, they have to live with them too. I do not anticipate any issues with our local guys. A good bunch. They will do nothing unless there is a complaint. Then they are forced to act.

Poppy we are so lucky our lawmakers have time to create such laws as it is obvious they do not have a clue on how to address important issues such as high unemployment and high taxes.

Interesting. Here is the Georgia Law FAQ from the GA DNR site. Thank goodness my streams start on my property. WOW!

GA DNR FAQ
Do I need a fishing license to fish in a private pond?
If the pond is wholly enclosed on a persons private land (that is, no ingress or egress from beyond the lands borders), no. However, if the pond is fed from waters coming in from outside the land borders, a license is required

So the stream never leaves yer land? The way I read it is if the overflow leaves yer land you need a license.

Interesting Point Bill, yes the water does leave my land. I will have to find the actual law and do some more research. The egress part of this statement is very vague.

Now maybe one could argue that if water is not running out the spillway then the water is not egressing and you are legal

Thanks for catching that.

My first response here is, God made us with a middle finger, I think it was designed for such things as giving some government offices the finger. lol Some complain about the Congress and Senate not getting any thing done, but mostly I am happy the do not, because of all the rights taken away through regulation. There might be a problem if someone was to wright me a ticket concerning my pond that I built and paid for. OH! I remember someone saying I did not build a company without the governments help. hahahaha

Tracy

Sorry if I offended anyone here as I am on a rant today lol

Tracy

So as long as it doesn't rain you're golden!

Tracy sometimes it's good to air it out. Nothing changes unless you fuss.... The squeaky wheel gets the grease......

Or swapped out for a new one....

You are preaching to the choir on Government nannism and usurping our freedoms. I just wrote another big check to the National Treasury most of which will be wasted on waste.

About Illinois; we never ever drive in Illannoy when we head out on a road trip. There is no road that isn't under construction. Living in Minnesota; there isn't much to brag about other than 9879 lakes away from the tax sink hole in MSP.

Not political, just saying........