NEED LEGAL INFO!

[WLDCRZYWMN]

Regarding a Central ILLINOIS private lake - Not sure if it's fenced or posted private/no tres. Here's the story....  My guy & his friend went fishing on another friend's private property. They assumed that since it was a privately stocked & maintained lake that there was no limit as long as they had the OK from the property owner. Anyway, the 2 guys came back with 30 lbs. of largemouth bass...approx. 25 fish total. I create a hunting/fishing magazine online and I feel stupid for doing this, but I printed the photo along with their names in my magazine. Before doing so, I searched the 2007 Illinois guide & couldn't find anything about private lake limits. SOOO here's the deal....we had a visit from the Conservation Police last night. Someone in the Dept. saw the photo. BUSTED! Evidently even on private lakes the limit is 6 per person. My guy was fined $52 & given a notice to appear for having 13 largemouth bass. We felt stupid for not knowing the law, but where is it stated? I need advice because he could be fined $100's depending on how the judge is feeling the day he goes to court. Need a leg to stand on. We honestly didn't even know a private lake limit existed. PLEASE HELP!!!! email me ASAP with any info or advice!  THANKS SO MUCH!     beckyaso @ insightbb.com

[alhuff]

The first thing i would do is call the Game and Inland Fisheries guys and ask if there is such a law.  If there is a law then play the "We didn't know" card.  

That many bass out of any smaller lake, private or not, can and does destroy the fishery, not a good thing.

Every state has laws that are not listed in their booklet they hand out.....

Good Luck,

Alfred Huff

[senile1]

I'm probably not telling you anything you don't already know, but ignorance of the law is no excuse.  If the creel limits apply to private lakes in your state, then your friends basically don't have a leg to stand on.  They should be cool with the judge and take their punishment, whatever that turns out to be.  

Personally, I won't take someone to task for staying within the creel limits since they are abiding by the law, though I prefer that most bass and all trophy fish be released for future enjoyment.  I only believe in selective harvest to thin out over-populated waters and many people believe in catch and release at all times.  Having said these things, I don't think your friends will receive much sympathy.  In the future, maybe they should think about the damage they could do to a fishery by keeping so many fish.  If someone really needs the fish for food, then abide by the law. Otherwise, keep only what is necessary to help the fishery.  

BTW, welcome to our forum.  

[WLDCRZYWMN]

I am ignorant of the law :-(  But we did have a lot of people over. Those fish bearely fed us all. That's the only reason they went fishing at the private lake to begin with...so they could bring home a bunch. Stinks for me because I feel like I got them in trouble by printing their photo & info :-(  But if I can't find that law in print somewhere....like in the 2007 guide, maybe they won't fine us too heavily. ??

[linesider7]

What do you think the "Conservation Police" are doing anyway?  MAKING THE LAW UP?

Why is it so important to "see it in print"?  So it's easier to prove that you couldn't have known about the law in the first place?

I'm just really having a hard time digesting this thread already.

[George Welcome]

In Illinois, as with most states, water belongs to the state. It took very little research to find this. Hence, all state law would apply to the waters of Illinois whether on private or public land. The below is directly from Illinois Reparian Rights.

Doctrine of riparian rights:

     "Riparian rights are a form of real property, a part of land law. The rights are appurtenant to the land; that is, they are attached to it in the sense that a person who purchases or inherits riparian land automatically acquires the water right."... "Under this doctrine, the law gives equal rights to the use of water to owners of land which borders upon or touches a stream or watercourse. A riparian right to the use of water exists whether the use is made or not; hence, a riparian owner can initiate a use at any time and insist that his rights be accommodated with other uses or that a share of the water be allotted to him. The nature of the right is usufructuary - the riparian does not own the water, but owns only the right to use it on his riparian land and to have it flow to his land so that it may be used. Developed in the humid climates of England and the eastern US, riparian law seems to be based upon an unspoken premise that if rights to use are restricted to those persons that have access to the water through the ownership of the banks, and if those persons will restrict their demands on the water to reasonable uses, there will be enough for all.

[looking for bass]

Easy, get a writen statement from the property owner saying it was ok to take all them nice bass out of the lake.

[Grey Wolf]

No sympathy here.

[Cajun1977]

No sympathy here.

me either    dont they have catfish to keep and eat

[fishingfourfun]

Iwould get a letter from the pond owner andplead dumb. The judge will more than likely issue a small fine.

[Hookemdown.]

No sympathy here.

me either    dont they have catfish to keep and eat

Same here.  I don't know if I should  > or :'(

[Low_Budget_Hooker]

First off, 25 fish totalling 30 lbs leads me to believe that many of the illegally taken bass were probably UMDERSIZED as well. (yes, there are also SIZE limits)

You need to realize that you posted this on a bass fishing site where the majority of the members cringe at the thought of killing 1 bass, let alone 25 in 1 shot!!!!!!!

It's just a sad day all around.  UGH

Hope your party was a hit. :-/

[Hookemdown.]

First off, 25 fish totalling 30 lbs leads me to believe that many of the illegally taken bass were probably UMDERSIZED as well. (yes, there are also SIZE limits)

I didn't even notice that.  Most of those fish are way over a pound with a few even approaching 4lbs or so.

Bass don't taste good enough to me for a fine.  JMHO

[RoLo]

It would appear that the intent of this thread is to find some "legal loophole".

I have nothing whatsoever to offer.

Roger

[preach4bass]

Not sure if it's fenced or posted private/no tres.---Well, ask your "guy"

30 lbs. of largemouth with appx. 25 fish total---If that's the case, that photo is very deceptive

"I create a hunting/fishing magazine online"---What's the web address?

Fined $52, then later perhaps $100s?---That's wierd

This whole thing sounds wierd. :-/

[Low_Budget_Hooker]

I deleted the link.  These aren't the kinds of examples we want to promote.

[Zonked]

Sad, just sad...

[BoroBass]

Unless you already admitted guilt, tell them to prove it was just those two guys fishing. Maybe those fish included the guy taking the pictures and another guy in the bathroom or something. Then you're only 1 over the limit.  

[cpvenom]

I'm not even gonna touch this one...

[FatBoy]

You must be kidding me!  I'm from central Illinois. IMO those fish are stolen...from me and a bunch of other guys around here.  

You came to the wrong place for help...  

[Jeff_NHBA]

Take your checkbook with you when you go to court.

Ignorance is no excuse.   >

[senile1]

I am ignorant of the law :-(  But we did have a lot of people over. Those fish bearely fed us all. That's the only reason they went fishing at the private lake to begin with...so they could bring home a bunch. Stinks for me because I feel like I got them in trouble by printing their photo & info :-(  But if I can't find that law in print somewhere....like in the 2007 guide, maybe they won't fine us too heavily. ??

WLDCRZYWMN, if you like fishing for bass, stick with this site and you will learn quite a bit.  When you run into situations where you don't know the laws in your state you can post it on here, and someone in your area will be able to advise you, usually.  Also, you will learn a lot about catch and release and selective harvest which will help you to determine the times when it is good to keep fish and when it isn't.  

[Guest the_muddy_man]

Geez getting legal advice from the mooks around here(especially ME ) can be dangerous. You need to talk to a lawyer in your state. I have obtained fishing liciences in over 10 states and they all give you a booklet ( I had to ask for one in Texas) that tell you the rules IGNORANCE OF THE LAW is not an excuse for acting outside the law. You and your Friend may consider a part time job in the near future

[spotaholic]

To the people involved. Admit your guilt, take your medicine and learn from your mistake.

That being said. As far as the members here before we start throwing people under the bus...don't we all make mistakes. Let me explain... If the speed limit is 40 and we go over the speed limit it is a crime. Many of us including myself go well over the speed limit. I don't see people blasting people about that. Many clubs allow you to cull a dead fish is that ethical to let a fish back in the water that we know will dye or is already dead just because we have a bigger fish. When I joined this Website I thought we we about ,teaching and exposeing that great things about fishing. IMO we failed on this one. I think we would have served this situation alot better by explaining ethical fishing practices instead of saying that we are disgusted and offended. I am not saying I agree with taking fish over the limit and I don't, there is a price to pay but we as so called ethical fisherman need to live up to the standard and educate proper fishing ethics. I have a feeling we blew it on this one. I am sure I will gets some crap about this but that what makes this place so great. I can have a voice.

[grimlin]

The last 2 years i've gotten my fishing license...i didn't get a rule book.I couldn't tell you how many guys i've met on the lake that doesn't even know what the size limit is or the limit of fish they can take from a body of water.Last year i esimated over 200 that i've met and talked to...almost nobody knew except the few that really looked into it.Even i don't know all the rules yet,but i try my darnest to try and learn them.Heck i fished bass out of season once when i moved up here and was in my second year here...i was like "out of season?".Texas didn't have an out of season fishing..so i had no clue...and with nobody even informing me even without a book i was lost.I fish by myself so i'm trying to learn all these rules and respect the fishery.

It happens and i believe none of the states inform people "enough" on the law and rules about fishing.Have you guys ever read some of these books on rules or law...some of them are darn right confusion and really doesn't explain everything you are "suppose" to know.

To be honest,i got invited to fish a private pond this summer with a fish fry afterwards by my neighbors...i'm really gonna see what the rules are for a private pond now...because honestly i don't know and don't fish private ponds.I'd like to know the rules here in MI for that now.