# Limit Question



## casscityalum (Aug 27, 2007)

This stems from a thread in the Ice fishing-Bay Forum



frankie said:


> What would happen to a neighbor,who I gave fish to,who is not a fisherman and does not have a fishing license?Would they be in trouble for possesion of the fish?



Thanks cause Im not sure either..


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## Alibi (Jan 31, 2004)

malainse said:


> Not a problem--As long as they were legally caught they can have the fish, up to possession limit.


If this is correct then what does this law (copied below) mean? Does this mean you need a fishing license only when fishing? Just because I have fish in my freezer I don't need a license?

Now before everyone starts jumping I do believe unless a non-licensed fisherman was out getting other fishermen to give him fish all the time which, one could probably pretty easily do walking up and down the pier daily, likely would never have contact with a CO but I am interested in what the law is for sure and not what an officers discreation might be.

324.43509 Taking aquatic species; hunting, trapping, or possessing wild animal.

Sec. 43509.

(1) A person 17 years of age or older shall not take aquatic species[/B], except aquatic insects, in or upon any waters over which this state has jurisdiction or in or upon any lands within the state, or possess aquatic species, except aquatic insects, without having in his or her possession a valid license as provided in this part.


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## JWICKLUND (Feb 13, 2005)

If you are properly licensed, catch the fish legally, follow the state law regarding limits (both daily and possession), you can do whatever you want with the fish providing that person is also properly .


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## huxIIIhammer (Feb 28, 2005)

If you are properly licensed, catch the fish legally, follow the state law regarding limits (both daily and possession), you can do whatever you want with the fish.
I am pretty sure you can't sell them. I prefer fried in hot oil!


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## WALLEYE MIKE (Jan 7, 2001)

huxIIIhammer said:


> If you are properly licensed, catch the fish legally, follow the state law regarding limits (both daily and possession), you can do whatever you want with the fish.
> I am pretty sure you can't sell them. I prefer fried in hot oil!


You definitely cannot sell them.


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## boehr (Jan 31, 2000)

*By law*, anyone in possession, regardless if that person caught them or was given to them must have a license to take or possess. That is what the law states and the law is talking about *Michigan sport caught fish*.

That doesn't mean, and I suspect everyone here that fishes much has done it including myself, that any LEO would issue a ticket to a neighbor or friend that a fishermen gave some fish to that didn't have a license. But there are possible instances where that might be used in conjunction with other laws or other factors.



SeaRay said:


> Do I need to have a license at the store if I buy walleye or perch?


 No, the above pertains to the subject of Michigan sport caught fish. Most fish you buy in the store are likely from out-of-state and hopefully thay are all from a commercial source.


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## pescadero (Mar 31, 2006)

boehr said:


> *By law*, anyone in possession, regardless if that person caught them or was given to them must have a license to take or possess. That is what the law states and the law is talking about *Michigan sport caught fish*.
> 
> That doesn't mean, and I suspect everyone here that fishes much has done it including myself, that any LEO would issue a ticket to a neighbor or friend that a fishermen gave some fish to that didn't have a license. But there are possible instances where that might be used in conjunction with other laws or other factors.


It doesn't mean any LEO *would *issue a ticket - but it means an LEO *could* issue a ticket, and if a ticket was issued the neighbor or friend would be guilty... and it means that neighbor/friend would be breaking the law, whether or not a ticket was issued.

-- 
lp


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## boehr (Jan 31, 2000)

pescadero said:


> It doesn't mean any LEO *would *issue a ticket - but it means an LEO *could* issue a ticket, and if a ticket was issued the neighbor or friend would be guilty... and it means that neighbor/friend would be breaking the law, whether or not a ticket was issued.
> 
> --
> lp


Yep, that is another way of saying it. No different that anyone comitting any type of violation, they still broke the law regardless of being caught or arrested which we are also all guilty of doing.


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## JWICKLUND (Feb 13, 2005)

I removed the misleading threads. This is a law forum and Boehr gave you the law. (If you possess Michigan fish, you need to have a fishing license.)


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## twodogsphil (Apr 16, 2002)

OK, if I understand correctly, based on Michigan law if I give someone some fish I have caught in Michigan, legally they need a Michigan fishing license to possess the fish. In reading 324.43509, it appears that this same law applies to game., Specifically, any person to who I donated a Michigan pheasant, rabbit squirrel, or deer: they would, to legally possess the game carcass, likewise need an appropiate Michigan hunting license.


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## boehr (Jan 31, 2000)

twodogsphil said:


> OK, if I understand correctly, based on Michigan law if I give someone some fish I have caught in Michigan, legally they need a Michigan fishing license to possess the fish. In reading 324.43509, it appears that this same law applies to game., Specifically, any person to who I donated a Michigan pheasant, rabbit squirrel, or deer: they would, to legally possess the game carcass, likewise need an appropiate Michigan hunting license.


Based on the *letter *of the law, yes. As mentioned above though, turkey, bear, deer, elk, for that game to be legal the sole fact of a license is not the qualifier, the game being tagged is what makes those paticular game animals legal.


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## pescadero (Mar 31, 2006)

boehr said:


> Based on the *letter *of the law, yes. As mentioned above though, turkey, bear, deer, elk, for that game to be legal the sole fact of a license is not the qualifier, the game being tagged is what makes those paticular game animals legal.


That is how I read it. Someon can legally possess(turkey, bear, deer, elk) without a license - because those just have to be tagged until processing, but all other game and fish require a license to legally possess.

-- 
lp


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