# Can you legally give away your fish?



## Zorba (Jan 24, 2007)

Can one person give away their legally caught fish to another? I ask this because while fishing the other day I was given a couple fish by a tribal member who didn't want them. I accepted but, the fish were undersized walleye. I let them go. This got me thinking. Can a person give away his legally caught fish? Also, set the Tribal issue aside and say I gave my legally caught fish to my buddy who doesn't have a license?


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## DFJISH (Mar 30, 2009)

Depends. One can not possess game fish without a licence so you can give BUT the recipient can not possess them unless he/she has a license. Your can legally have "gifted" fish IF you have a license to possess them. 
Tribal gifting gets complicated. Tribal members may keep fish that non-tribal people may not. You may not legally possess fish given to you that are not legal to possess, even if they are gifted to you by a tribal member. The exception is if you are a taxidermist.
I think the bottom line is that as long as the person receiving the fish has a license to possess them, it is legal. GIVING legally caught fish is not an issue. Receiving IS. Good luck.


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## Zorba (Jan 24, 2007)

Thanks for the response. I find this topic interesting. Living in "Indian Country" issues can arise when fishing with your Tribal buddies.

How would possession laws work between Tribal and Non-Tribal? Can a Tribal person leave his catch in a Non-Tribal persons possession?

I know when I leave my catch in someone else's possession I must tag them with my name, license #, list of speices, and date.

Thanks Z


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## DFJISH (Mar 30, 2009)

Depends again. Tribal fishermen that possess a _commercial netters_ number may gift fish to non-tribal fishermen BUT the netters number, name, and contact information must accompany the fish. 
 The gifting by tribal fishermen ( non commercial) to a non-tribal fisherman is probably legal too (I AM NOT SURE!!) but if it is, again the contact information of the tribal fisherman probably *has to* accompany the fish. That is very similar to what you just said about you providing another fisherman with YOUR LICENSE NUMBER when you give fish to someone without a license. Note; Tribal fishermen are usually exempt from DNR fishing regulations/seasons, so a non-tribal fisherman should be *very reluctant* to accept gifted fish from a tribal fisherman whose fish were too small or out of season. You mentioned that you were given two undersize walleyes by a tribal fisherman. Your decision to unload them was a safe one.


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## Robert Holmes (Oct 13, 2008)

Over the years I have been gifted a number of tribal caught fish. I am non tribal but my family is tribal. I usually accept them when I am not fishing myself so it does not put me in a situation. I can accept several trout or salmon at my residence because my family is tribal. Mabey later that day I want to go salmon fishing and if I catch a limit of the same species that I was given ( it has never happened) I am not over daily or posession limit. On the other hand if I was fishing and already had 3 chinooks and was offered 4 more chinooks I would be careful and only accept two chinooks. I am non tribal and still have to transport the fish to get them home.


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## wyldkat49766 (Apr 21, 2007)

I would 'think' it would be like deer. Back when I was single I would always go deer hunting. But I would give my deer to my uncle to take back with him to Iowa and in exchange I got a few jars of canned venison which was fine for me. I always sent them with a note with my full name and address, phone number and where I got the deer. I know it worked when he had a DNR or cop come look at their garage in Iowa. They had new neighbors that didn't know they came to Michigan to hunt and neighbor saw a deer hanging in his garage when it wasn't in season. The guy checked out the license's and ID and all was fine.


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## boehr (Jan 31, 2000)

wyldkat49766 said:


> I would 'think' it would be like deer. Back when I was single I would always go deer hunting. But I would give my deer to my uncle to take back with him to Iowa and in exchange I got a few jars of canned venison which was fine for me. I always sent them with a note with my full name and address, phone number and where I got the deer. I know it worked when he had a DNR or cop come look at their garage in Iowa. They had new neighbors that didn't know they came to Michigan to hunt and neighbor saw a deer hanging in his garage when it wasn't in season. The guy checked out the license's and ID and all was fine.


It's not at all like deer because a deer has to be tagged then the deer is legal for whoever has part of the deer. I would have to believe your kill tag was attached to the deer as your uncle took it back to Iowa. But now, as far as deer coming and going out-of-state you might want to be careful in that area as things have changed in recent years.


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## diztortion (Sep 6, 2009)

In the tribal regulation book that I have, it states I can give fish and game away if they are properly processed.

I couldn't give someone a whole fish, or whole deer. 

I could give someone some frozen fillets, or a package of burger.


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## Robert Holmes (Oct 13, 2008)

diztortion said:


> In the tribal regulation book that I have, it states I can give fish and game away if they are properly processed.
> 
> I couldn't give someone a whole fish, or whole deer.
> 
> I could give someone some frozen fillets, or a package of burger.


 Allow me to phrase it this way my tribal family has been gifted whole deer and whole fish. I do not see where there could be an issue with tribal law enforcement or Michigan law enforcement. I have had lots of experience at processing deer and fish and they have been reduced to freezer packages in short order. The deer by the way were properly tagged. I am not worried the DNR can search my freezer anytime, but being that the freezer is in posession of a tribal household they will have to follow tribal law. Too many hoops for them to go through to find what two salmon I think is what is in there.


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