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Message Subject: Wisconsin Regulators Approve New Rules for Fishing Tournaments | |||
thumper![]() |
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Member Posts: 744 | That was the sentence that caught my eye when I made the intitial post about it (page 8, line 2). Tournament rules must state that any fish put into your livewell must be added to your limit. Otherwise it is just another loophole... Dave S | ||
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ct![]() |
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So how exactly do tourneys comply with VHS rules when we leave our boat to go on stage with live fish? | |||
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stacker![]() |
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Member Posts: 2445 Location: Fremont, Wisconsin | page 8 line 2, heck, leave it alone, they knew what they were writing. as far as VHS you do not have to worry, you are in a state sanctioned tourney taht will be handling the fish or they will be put back in your boat when you are done weighing in. That one is simple. BAGZ: Quite frankly, there just aint that much more work that a director has to do to run a tournament. These are very small things in the whole picture. What they have put in place fo a promoter is 2 feet to stand on when some one is maybe not doing things correct. Edited by stacker 1/25/2008 10:39 AM | ||
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Viking![]() |
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Member Posts: 1314 Location: Menasha, WI | I'm not a lawyer, but I play one on the internet. Concerning search and seizure, it's not as much as a 4th Amendment issue as it is a statutory issue. Other states have explicit statutory language that allows wardens to inspect motor vehicles or boats while taking or transporting game. For example, MN Statute 97A.25 states, "A person may not: (3) refuse to allow inspection of a motor vehicle, boat, or other conveyance used while taking or transporting wild animals." These statutes have regularly been upheld as within the Constituional powers of the enforcement officers on the basis that, "the widespread knowledge of restrictions accompanying the privilege of fishing casts doubt on the reasonableness of an expectation of privacy that would allow an angler to refuse inspection of his catch" and the state's mandate to manage and preserve the state's natural resources (see for example MN State Supreme court ruling in State v. Colosimo). However, to the best of my knowledge, WI has no such statutory provision. To the contrary, the statute outlining the enforcement powers of the DNR states that officers must have reasonable suspicion, "WI 29.921(1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections" (emphasis added). The language in the new rules would allow for unimpeded inspection and, given the precedent established in other states, likely passes Constitutional muster. | ||
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ct![]() |
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7. AIS: The NRB has expressed concern about tournaments spreading VHSand other invasive species. The hearing proposal included a requirementthat tournament organziers submit an AIS plan as part of theirapplication but there is understandably a lot of confusion as to whatthe plan would include and how it would be administered. Given therecent and proposed changes in boat and bait handling laws relating toVHS, we believe the AIS plan requirement is outdated and have replacedit with a requirement that tournament organizers and participants mustcomply with all existing state rules, and that the DNR has the authorityto include appropriate AIS protocols in tournament permits if there areinvasive species issues. State Sanctioned Tourney??? The state don't sanction any tourney, maybe gives a permit but that isn't sanctioning, I don't believe they are going to let the VHS laws be broken just because it's a tourney. VHS law requires all fish to be dead when leaving the shore!!! Lets see, how are we going to tell the common fisherman he has to kill his fish but the tourney guys they can carry live fish to the scale??? | |||
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Brad B![]() |
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Member Posts: 617 Location: Oshkosh, Wisconsin | Consider the intent and this becomes a non-issue. When Joe Tournament Angler pulls up to the dock, puts his fish in a weigh bag and walks to the scale, he is not transporting live fish away from the lake as anyone watching knows that he is going to leave those fish with the tournament officials and walk away with nothing. When Joe Recreational Angler loads his boat, straps it down, and gets back into his vehicle and starts to drive away, his intentions are clearly different than his illigitimate half brother, Joe Tournament Angler. | ||
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Jayman![]() |
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Member Posts: 1656 | He my be illigitimate but his name is not Joe......it's Bob. Everyone knows that. ![]() | ||
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stacker![]() |
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Member Posts: 2445 Location: Fremont, Wisconsin | My gosh ct, you really cannot believe that, CAN YOU? With The requirements that they put on tournament directors, Do you think they can trust them to deal with dead and alive fish in the manner in which the state dictates? | ||
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ct![]() |
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I'm just saying that I don't believe the law will be "bent" just because it is a tourney. Have they overlooked laws for anything else? The letter of the law says dead at shoreline, not dead on shoreline except for tournaments. Nor does it allow for the fish to be alive, "as long as you turn it over to some official". Everyone is just ASSuming that, but has anyone actually asked the DNR for that exception. I am pro-tourney, and have admittantly not read the all of the law, just asking for clarity and not a bunch of assumptions. | |||
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Viking![]() |
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Member Posts: 1314 Location: Menasha, WI | ct, The NRB's VHS rules allow for exceptions to the "dead at the shoreline" rule with "with the prior written approval of the department, where the department has determined that the proposed activity will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters." I'm sure that when live weigh-in permits are granted the 'prior written approval' will be incorporated into the permit. | ||
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Brad B![]() |
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Member Posts: 617 Location: Oshkosh, Wisconsin | ct - The rule say you can not leave the bank or shore with fish still in water. Not that they have to be dead when you reach the shore. I don't see the problem with this unless the weigh in is at a remote location. Take a look at the link on the dnr web page that discusses the emergency rules. They have a picture of a guy taking fish out of his livewell and putting them in a cooler after he has loaded his boat onto the trailer - most tournaments have their weigh in closer to the water than the guy in this picture. http://dnr.wi.gov/fish/vhs/vhs_rules.html Edited by Brad B 1/29/2008 3:25 PM | ||
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tyee![]() |
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Member Posts: 1406 | Here is what was presented to the legislature and is not yet on the agenda. These rules have been modified from the previous postings many of the items that were of concern were changed but there are still alot of alarming issues in this regulation. One that I brought up a concern on and has been changed was regarding the DNR's authority to board a vessel. It has been re-worded see 6e and 6f. Also the 3 fish limit in the warm months has been reworded also. Are there others that concern you? Meeting minutes http://www.dnr.state.wi.us/org/nrboard/2008/January/01-08-BOA.pdf Revised sent to legislature for approval: http://www.dnr.state.wi.us/fish/fishingtournaments/FH-22-06_1-25-08... It's a long road but fate is on our side as there is a lake at the end! Good Luck Tyee | ||
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tyee![]() |
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Member Posts: 1406 | Had some time to kill today so thought I'd look up the status of the tourney regs. Heres a video of the Nov19 meeting, (scroll down to 11.19.08) that got tabled to the next legislative session in Jan. It's long but interesting to hear the way some people think! http://wisconsineye.org/wisEye_programming/ARCHIVES-committees.html Good Luck Tyee | ||
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