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Posted By:
esox stalker
New User
Joined 02/07/2005
Posts:17
Msg 11 Posted: 03:08 PM 02/08/05 (CST)
Yeah it is. guys who use dip baits for catfish are sort of chumming w/ their baits, eh? no regs against it i've ever seen. You are right though, almost unknown in fresh water---I'm really going to think about ways to apply that.
Posted By:
WebDude
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Joined 02/26/2004
Posts:8514
Msg 12 Posted: 03:26 PM 02/08/05 (CST)
I was always under the impression that it was illegal to put any dead bait or entrails, ya da ya da ya da in the water. Maybe we can get a resident expert on the laws to chime in, hmmmm?



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Posted By:
BigBite
Senior Member
Joined 08/17/2004
Posts:1550
Msg 13 Posted: 03:47 PM 02/08/05 (CST)
609.68 Unlawful deposit of garbage, litter, or like.

Whoever unlawfully deposits garbage, rubbish, cigarette
filters, debris from fireworks, offal, or the body of a dead
animal, or other litter in or upon any public highway, public
waters or the ice thereon, shoreland areas adjacent to rivers or
streams as defined by section 103F.205, public lands, or,
without the consent of the owner, private lands or water or ice
thereon, is guilty of a petty misdemeanor.

They will get you for it. There have actually been arrests on this. This law is located
here.

Don't mess with it, it's been tried.

Hope this helps!









Posted By:
esox stalker
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Joined 02/07/2005
Posts:17
Msg 14 Posted: 04:32 PM 02/08/05 (CST)
I can certainly see how that would be an excellent law for the things mentioned in the ordinance. And I absolutely agree that I don't want some yo yo filleting his fish and chunking the remains out in the swimming area, or any other part of the lake for that matter. But am unclear how this affects other areas. I want to be within the scope of the law--does this mean that tossing 3 dead minnows out of the minnow bucket is outside the law? Would it be against the law for me to cut a nightcrawler into 12 little pieces and toss them into the sunnies? And what about the example I gave of the guy who put the minnows in the can and shook them up--they weren't dead when he threw them in--but they were pretty shell shocked. Need some clarity here.....any help is appreciated. This forum is a great information exchange place--thanks again webdude!
Posted By:
The Fisher
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Joined 12/13/2004
Posts:1116
Msg 15 Posted: 06:33 PM 02/08/05 (CST)
I have to admit I'm a little fuzzy on exactly where the line is here as well. I have a video with Mick Thill (the guy who has the company that makes the floats) and just as a side--an excellent video in the use of floats and POLES (no reel or rod--just pole, line, sinker, hook and bait) and I may be off here a fish or so, I will rewatch it now to see, but I believe he lands 10 fish in 1 minute with the equipment he uses. But as it relates to the topic of chumming he was at a lake in either Brainerd or Bemidji (again, I will rewatch as I don't remember which now)and was throwing out little hand fulls of waxworms every so often to keep the fish aggressive and not "scared". Would that example of waxworms being tossed to the fish every so often be in violation of the ordinance? Is the law more restrictive to fish parts or animal parts only (fish heads, cow livers, etc.)?

I also remember as a kid chunking every grasshopper I could catch into my grandfathers pond and it really got the bass going at times. Is that considered "chumming" as the thing is still alive?

The Fisher
Posted By:
MineralMan
Senior Member
Joined 02/01/2005
Posts:751
Msg 16 Posted: 07:21 PM 02/08/05 (CST)
If the DNR doesn't have a specific rule against chumming (a well-defined term), then I suspect that it is not illegal, per se. However, the law cited above might well be used to prosecute a chummer.

Of course, that would take a game warden seeing you do it. How many game wardens are there?





MineralMan

O So Minnesota Blog -- Fishing Page
Posted By:
MineralMan
Senior Member
Joined 02/01/2005
Posts:751
Msg 17 Posted: 07:28 PM 02/08/05 (CST)
Well, I just went to the DNR site, clicked on regulations, and searched for "chumming" and "chum." Essentially no hits at all. Apparently, there is no regulation regarding the practice. The law cited earlier might apply, but it's not part of the fish and game laws, and is, rather, a prohibition on polluting the waters.

Since chum is generally gobbled up by the fish, I can't see how it could be construed to be polluting the waterways.

I'd like an opinion from a DNR official on this, but it looks to me as though chumming is a legal option in Minnesota.

In California, the law is quite clear. It defines "chumming" and prohibits it in fresh water resources. Minnesota does not have such a specific law, so I'd guess you could argue that in court.

Again, though, it would be good to have an official pronouncement from the DNR. Does anyone know who you might ask?





MineralMan

O So Minnesota Blog -- Fishing Page
Posted By:
WebDude
Moderator
Joined 02/26/2004
Posts:8514
Msg 18 Posted: 08:27 AM 02/09/05 (CST)
Okay, I will try put this to rest.

I called the DNR and got an actual enforcement officer and you wanna know what? BigBite is absolutely correct. The officer said that the regulations for fishing which are printed in the Fishing Regulations Manual are specific to fishing, however, that does not exclude all the other laws on the books that have to do with waste, pollution, etc. I asked this lady specifically about chumming and she immediately told me it was illegal. I asked her also if she could point out the specific statute that they would use for an arrest or in a court of law and she pointed me to 609.68 Unlawful deposit of garbage, litter, or like.

She also told me that they have made arrests and convictions for chumming using this law.

In other words, it does not say in the Fishing Regulations that you cannot dump gasoline or oil in the water, but it is still against the law. You have to look at ALL laws, not just the ones printed specifically for fishing.

I didn't get into specifics with things like whether the bait was alive or dead, etc., but she knew exactly what chumming was and told me it was against the law without even looking up the statute. So whether it is in the regs or not is a moot point. If an officer knows they can bust you for it, then they will.

I suppose the live waxworm thing would need to be argued in court to set a precident on the chum being alive or not. And I am not sure if something like this has been argued yet or not.

But let me tell you something, if enough people started doing it and it ticked off the DNR, I bet they would pass a very specific law regarding chumming. This is, after all, "the state where nothing is allowed." :-)

By the way, I would listen to BigBite. There might be more to what he is then a fisherman.



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Posted By:
MineralMan
Senior Member
Joined 02/01/2005
Posts:751
Msg 19 Posted: 09:43 AM 02/09/05 (CST)
Sounds like good advice. Chumming is very effective and, apparently, illegal, so I sure won't be doing it.





MineralMan

O So Minnesota Blog -- Fishing Page
Posted By:
esox stalker
New User
Joined 02/07/2005
Posts:17
Msg 20 Posted: 09:54 AM 02/09/05 (CST)
A big thank you to WebDude for the research. Seems most guys here really want to follow the correct laws but are just plain mistaken about them sometimes. I sure was on this one. But that is why this is such a great site-I really learned a little something in the give and take here. Big thanks again to Webdude for the research and to Big Bite for the original link to the statute thats used. Much appreciated.
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