# Busted But Why?



## ben2go (Sep 6, 2008)

My cousin was fishing a major res for cats.He was using brim with the heads cut off.Why is this illegal?He was busted by the lake warden and banned for 30 days. :?:


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## redbug (Sep 6, 2008)

What state and body of water.. ?????????


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## Captain Ahab (Sep 6, 2008)

It is legal here in PA - each state is different

For instance, you can use legal size bass, trout and even muskie for bait if you so desire. However, it is illegal to use common car - go figure


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## ben2go (Sep 6, 2008)

redbug said:


> What state and body of water.. ?????????




SC and it was Lake Bowen in Spartanburg County.It is 1 of the main resviors in a string of 3.It is where we get our city water from.


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## Captain Ahab (Sep 6, 2008)

I did a quick read through the SC fishing regulations and could find nothing - Unless he was using the brim (or bream) on a jug or trot line in which case it must be cut into three equal parts

Take a look at the citation and let me know what section of the F&G Code is listed in the violation


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## Zum (Sep 6, 2008)

Are the bream a native fish to that system?
Sorry,thats all I could think of.There are some lakes up here that you can't use live bait on...even if the bait is dead.


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## FishinsMyLife (Sep 6, 2008)

I never knew about that rule.... :?


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## browndog (Sep 6, 2008)

here in indiana for instance you can use certain fish as live or cut bait but the bait must be caught on a line and not neted,such as blue gill,crappie,sunfish.i dont know how they would inforce it.(officer descretion i supose).


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## ben2go (Sep 6, 2008)

Zum said:


> Are the bream a native fish to that system?
> Sorry,thats all I could think of.There are some lakes up here that you can't use live bait on...even if the bait is dead.



Yes,they are overly abundant and make it difficult to catch some species of fish.





FishinsMyLife said:


> I never knew about that rule.... :?



I was puzzled too.




Captain Ahab said:


> I did a quick read through the SC fishing regulations and could find nothing - Unless he was using the brim (or bream) on a jug or trot line in which case it must be cut into three equal parts
> 
> Take a look at the citation and let me know what section of the F&G Code is listed in the violation



If I catch him before he moves, again.He doesn't stay put long and I have to hunt him down all the time.


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## ben2go (Sep 6, 2008)

browndog said:


> here in indiana for instance you can use certain fish as live or cut bait but the bait must be caught on a line and not neted,such as blue gill,crappie,sunfish.i dont know how they would inforce it.(officer descretion i supose).



They were caught live on light tackle.He was preping the fish when the warden pulled up in a boat.He was fishing from a private dock.The fish were caught from the dock,with lite tackle and then put into one of those wire trap type things to keep them alive in the water.He was setting up for a night of cat fishing.

Dunno if this helps but I'm trying to add all of the details that I can.


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## KMixson (Sep 7, 2008)

I have heard that it is illegal to use game fish in some areas. I don't know if it is in that particular body of water or not. You also have to count that into your total gamefish caught. How many did he have in his possession? I have also been told by some that it is illegal to have fish that are cleaned/gutted/filleted in the boat also. Since he was on a dock I don't know if it would apply. I have found no rules in the books on it myself.


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## ACarbone624 (Sep 7, 2008)

Sounds like NJ. I don't think you can do that here either. They are considered game fish You can't do anything in NJ. :roll:


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## SlimeTime (Sep 7, 2008)

Was he cited? What does his citation say? If it was just a verbal banning, then I'd say he was fishing in the CO's honey-hole :wink: 

lol, If he was using the body & not the heads....he's using the wrong parts #-o 

ST


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## SlimeTime (Sep 7, 2008)

"Possession of gamefish or tackle designed to catch gamefish is prohibited while fishing traps, trotlines, or other non-game fish devices except castnets and bow & arrows."

Page 20
https://www.dnr.sc.gov/regs/pdf/fishing.pdf

ST


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## ben2go (Sep 7, 2008)

KMixson said:


> I have heard that it is illegal to use game fish in some areas. I don't know if it is in that particular body of water or not. You also have to count that into your total gamefish caught. How many did he have in his possession? I have also been told by some that it is illegal to have fish that are cleaned/gutted/filleted in the boat also. Since he was on a dock I don't know if it would apply. I have found no rules in the books on it myself.




Bingo.Bream are game fish and grow quite large here.He had nearly 30 bream and the longest was 6.5 inches.




SlimeTime said:


> Was he cited? What does his citation say? If it was just a verbal banning, then I'd say he was fishing in the CO's honey-hole :wink:
> 
> lol, If he was using the body & not the heads....he's using the wrong parts #-o
> 
> ST



I talked to him today and he was not given a written citation,but our warden has a memory like no other.He remembered me from a infraction that occur over 10 years ago.I borrowed a boat and forgot the paper work.He checked me as I was coming in.I was recently there about boat limits.





SlimeTime said:


> "Possession of gamefish or tackle designed to catch gamefish is prohibited while fishing traps, trotlines, or other non-game fish devices except castnets and bow & arrows."
> 
> Page 20
> https://www.dnr.sc.gov/regs/pdf/fishing.pdf
> ...




He wasn't fishing a trap.I'm not sure that is what the thing he had the fish in was.I have saw it.It looks like a 5 gallon wire bucket with a wire funnel shaped top that extends down into it.He was putting bream into it to keep in the water for bait.A lot of people around here use them for shad and other bait fish.


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## SlimeTime (Sep 7, 2008)

ben2go said:


> He wasn't fishing a trap.I'm not sure that is what the thing he had the fish in was.I have saw it.It looks like a 5 gallon wire bucket with a wire funnel shaped top that extends down into it.He was putting bream into it to keep in the water for bait.A lot of people around here use them for shad and other bait fish.



Was just going by your own words.......


ben2go said:


> The fish were caught from the dock,with lite tackle and then put into one of those wire trap type things to keep them alive in the water.He was setting up for a night of cat fishing.
> .



Perhaps it WAS a trap he was merely using for storage.......still a violation of regs.

ST


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## ben2go (Sep 7, 2008)

SlimeTime said:


> ben2go said:
> 
> 
> > He wasn't fishing a trap.I'm not sure that is what the thing he had the fish in was.I have saw it.It looks like a 5 gallon wire bucket with a wire funnel shaped top that extends down into it.He was putting bream into it to keep in the water for bait.A lot of people around here use them for shad and other bait fish.
> ...




I believe you are right.He was using a trap to keep the bream in.Sorry if my typing is miss leading.I have a hard time putting thought into text.I failed language class in school and it shows.


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## SlimeTime (Sep 7, 2008)

If he was, then there's his violation:
*"Possession of gamefish or tackle designed to catch gamefish is prohibited while fishing traps*, trotlines, or other non-game fish devices except castnets and bow & arrows."

He violated it 2X, once with(possession) rod & reels & another time while possessing gamefish.

CO has no idea what he was using the trap for, sounds like lesson learned. He might want to study the regs a little closer, could have been worse (as in cited & fined). If I were him, I'd contact the CO, and explain what he was doing, he was still wrong, but the CO would at least know it wasn't intentional. And I'd suggest an apoligy & "thanks" for no citation....getting on the bad-side of a CO can ruin a lot of times on the water. 

Just my .02 :wink: 

ST


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## ben2go (Sep 7, 2008)

SlimeTime said:


> If he was, then there's his violation:
> *"Possession of gamefish or tackle designed to catch gamefish is prohibited while fishing traps*, trotlines, or other non-game fish devices except castnets and bow & arrows."
> 
> He violated it 2X, once with(possession) rod & reels & another time while possessing gamefish.
> ...



I'll pass that a long to him.Maybe the warden can explain it to him better than the regs.If he's even looked thru them. :roll:


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