Pond Boss Forums MANAGING AN EXISTING POND Evaluating and adjusting fish populations (legally) culling undersize LMB?

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?

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

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.

See http://www.michigan.gov/documents/Water97e_142928_7.pdf - Don’t 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
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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.

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.

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.