Pond Boss Magazine
https://www.pondboss.com/images/userfiles/image/20130301193901_6_150by50orangewhyshouldsubscribejpeg.jpg
Advertisment
Newest Members
NavyPT, Pondhopper2500, Rockfish, Geese Chasers, Terry812
18,327 Registered Users
Forum Statistics
Forums36
Topics40,717
Posts554,368
Members18,328
Most Online3,612
Jan 10th, 2023
Top Posters
esshup 28,071
ewest 21,408
Cecil Baird1 20,043
Bill Cody 14,998
Who's Online Now
4 members (Bobbss, Snipe, anthropic, catscratch), 971 guests, and 140 robots.
Key: Admin, Global Mod, Mod
Previous Thread
Next Thread
Print Thread
Joined: Jul 2011
Posts: 27
S
straw Offline OP
OP Offline
S
Joined: Jul 2011
Posts: 27
Hey all. I've had my pond (1 acre) for around 3 years. It's absolutely loaded with fish, but I don't think to the point of stunted. Everything I catch seems to be good and fat. There are lots of little gills, but I also catch nice big ones. The big gills/eater size and above always go back, the little ones always come out.

To this date I haven't pulled a single bass out. I figured they'd help control the gills. The fish seem healthy and I've caught lots of nice bass in the 18-20" range. Nice dark colors, nice and plump compared to what I've seen comparable in local lakes. I don't have any weights/measurements (working on that).

It may be the bait that I'm using now (yamamoto senko)...but I've been catching lots and lots of littler bass in the 10-12" range lately. In the past using topwater and minus ones, I would catch mostly bigger fish 16+.

Due to actually catching smaller ones now on a regular basis, I'd like to also start pulling those out. My question...since bass are a game fish, is it legal to pull out undersized fish? There's also a stream next to my house that dumps into a river right across the street, so technically I guess I could just release them into there...but I just wanted to check what the word of the law was regarding maintaining a fish population in your own body of water. Does anyone know?

Joined: Aug 2006
Posts: 5,712
Likes: 3
Moderator
Ambassador
Field Correspondent
Lunker
Offline
Moderator
Ambassador
Field Correspondent
Lunker
Joined: Aug 2006
Posts: 5,712
Likes: 3
Originally Posted By: straw
My question...since bass are a game fish, is it legal to pull out undersized fish? There's also a stream next to my house that dumps into a river right across the street, so technically I guess I could just release them into there...but I just wanted to check what the word of the law was regarding maintaining a fish population in your own body of water. Does anyone know?


Straw,

I wish I could answer your question. Every state, and even within states, there are many rules about who owns and controls the fish and water -- and what is considered trespassing and poaching.

Here in West Virginia, I own my fish, and I can do what I want with them. In the past two years, ponds and aquaculture in WV was moved from the Dept. of Natural Resources to the Dept. of Agriculture (thank you West Virginia Aquaculture Association). Private pond/fish management oversight went from about 39 departments to about three.

It is a mess throughout the country. The states that border the Great Lakes are probably the most difficult places to get real answers. In these states, inland waters are controlled by international, national, state, and local government regulations. We have a few Michigan members -- hopefully, somebody can lead you to the correct answer. I would be reluctant to suggest you contact your local DNR office. Too much of their funding comes from fines. If you have a Michigan Aquaculture (or agriculture) Extension Service, I'd start with them.

Good luck,
Ken


Subscribe to Pond Boss Magazine

Peculiar Friends are Better than No Friends at All!
Joined: Jan 2009
Posts: 10,458
Likes: 2
C
Ambassador
Field Correspondent
Hall of Fame
Lunker
Offline
Ambassador
Field Correspondent
Hall of Fame
Lunker
C
Joined: Jan 2009
Posts: 10,458
Likes: 2
I don't know, I have found game wardens to be very helpful and honest when I have questions for them. Most jurisdictions usually have their laws posted on-line in some form.

Joined: Mar 2005
Posts: 21,408
Likes: 253
E
Moderator
Hall of Fame 2014
Lunker
Offline
Moderator
Hall of Fame 2014
Lunker
E
Joined: Mar 2005
Posts: 21,408
Likes: 253
See http://www.michigan.gov/documents/Water97e_142928_7.pdf - Dont know if this is right and it is a few years old.

B. Fishing in Lakes - Rights and Regulations
1. Private Lakes
Non-navigable lakes and streams have generally been construed to be private waters.
There are two kinds of private lakes. Those with a connection to public waters and those
with no such connection. The fish in lakes having a connection with public waters by
which fish can migrate to or from for any length of time at any season of the year are the
property of the state and may be taken only in accordance with law. The riparian
owner(s) may determine who shall fish but the fishing is regulated by law. Fish in private
lakes, having no connection with public waters, are considered private property and not
subject to legislative regulation which prescribes methods of fishing, closed seasons,
creel limits and minimum sizes. However, persons possessing such fish off the premises
from which taken, if contrary to law, could be subject to sanctions. Riparian owners may
determine who shall or shall not fish in such a private lake. Those permitted to fish in any
private lake enjoy the same rights and privileges as the permittee. Thus, in most all
cases, the right to fish extends to the whole lake.
It is apparent, then, that the public has the right to fish in navigable lakes and streams if
14
access is gained without trespass upon privately-owned property. However, the public
can fish in non-navigable waters, too, but only with permission of the riparian owner.
a. For the purpose of classifying to what extent the state or riparian owners may
regulate the use and activity of a lake, the following illustrations are provided by
OAG, 1931-1932, p. 295 (August 19, 1931):
(i) A private lake of less than 250 acres with no inlet or outlet and not planted with public
fish.
The riparian owners of private lakes not connected with other lakes or streams by flow of
water in any season of the year so that fish may pass, may, by reason of their
constitutional rights, take fish therefrom without restraint from legislative enactment.
They may keep the public from fishing in said lake. Their lessees and licensees have
equal rights.
(ii) A private lake of less than 250 acres with no inlet or outlet, but planted with public
fish.
MCL 324.45101; MSA 13A.45101 applies in this scenario. This section reads as follows:
No person shall take any fish from any of the inland waters of this State,
within which fish shall be planted at the expense of the people of this State
or of the government of the United States, after the passage of this act,
from which waters the public is excluded from taking fish: Provided,
however, that this act shall not apply to any small inland lakes covering
less than two hundred and fifty (250) acres in which fish may be so planted
without the written consent of the persons who together own in fee simple
the submerged acreage.
















Joined: Jul 2011
Posts: 27
S
straw Offline OP
OP Offline
S
Joined: Jul 2011
Posts: 27
Thanks ewest! My pond does *techincally* have a connection to a public waterway, I guess (it is fed by a county drain)...however fish are not able to come and go freely...so I guess I can do what I want. smile

I remembered this morning that I have a friend of a friend who is a fisheries technician for the DNR. I'm checking with him just to be sure.


Link Copied to Clipboard
Today's Birthdays
Bob McFarland, Captain Don, highflyer
Recent Posts
Happy Birtday Highflyer!
by Bobbss - 12/02/23 10:31 PM
Happy Birthday Dave Davidson.
by snrub - 12/02/23 09:06 PM
What makes exceptional trophy lakes different?
by Snipe - 12/02/23 07:58 PM
What do CC do ?
by Sunil - 12/02/23 07:14 PM
Happy Birthday Zep!
by Dave Davidson1 - 12/02/23 06:51 PM
70 acre dam build
by FishinRod - 12/02/23 06:40 PM
What did you do at your pond today?
by Sunil - 12/02/23 06:02 PM
My pond property listing
by anthropic - 12/01/23 09:56 PM
Garmi Castable Sonar
by Jason D - 12/01/23 08:00 PM
Happy Birthday Pat Williamson!
by Bill Cody - 12/01/23 07:20 PM
Winter trout feeding
by esshup - 12/01/23 06:58 PM
Stock now? Stock later?
by Freg - 12/01/23 11:53 AM
Newly Uploaded Images
Deer at Theo's 2023
Deer at Theo's 2023
by Theo Gallus, November 13
Minnow identification
Minnow identification
by Mike Troyer, October 6
Sharing the Food
Sharing the Food
by FishinRod, September 9
Nice BGxRES
Nice BGxRES
by Theo Gallus, July 28
Snake Identification
Snake Identification
by Rangersedge, July 12
Caught fishing without permission
Caught fishing without permission
by Theo Gallus, June 22

� 2014 POND BOSS INC. all rights reserved USA and Worldwide

Powered by UBB.threads™ PHP Forum Software 7.7.5