# Spearing Question



## Sharkey (Oct 29, 2010)

Although I am a long time ice fisherman I have never speared, so I must ask this question. 

A friend of mine fishes with some other local fishermen that often target pike and muskies through the ice. He does not spear either but he claims they told him it was legal to spear an undersize pike or muskie, "as long as you through it back in your not breaking the law."

I absolutely think they are violating some law. It can't be legal. Can anyone confirm? We couldn't find anything in the spearing regs.


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## Cpt.Chaos (May 28, 2006)

Absolutely illegal.


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## foxriver6 (Oct 23, 2007)

Illegal. The FO uses the verbage: take, catch, kill or attempt to take, catch, kill...

http://www.michigan.gov/documents/dnr/FO_215.10_317507_7.pdf


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## Sharkey (Oct 29, 2010)

Ok I understand the attempting to posess but I don't see anything about taking a undersize pike and releasing it to be illegal. Of course it is not for hook and line fishing, but is there specific verbage for spearing? 

Is this a loophole?


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## Cpt.Chaos (May 28, 2006)

No, no loop-hole. If you spear a fish, it is going to die 99.9999999% of the time. It may swim away if it gets off the spear, but it will die. There is no catch and release spear fishing. Compare it to catch and realease hunting maybe. Can you shoot a deer thinking it had horns..."oops, no horns" and leave it lay? 

Your "friends" are wasting a resource.


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## Sharkey (Oct 29, 2010)

Ok first of all...there not my friends. Read my originial post. I want it stopped. I agree 100% that it must be illegal. I want to see it in the regs somewhere. Can you produce the rule I'm looking for?


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## WALLEYE MIKE (Jan 7, 2001)

Sharkey said:


> Ok first of all...there not my friends. Read my originial post. I want it stopped. I agree 100% that it must be illegal. I want to see it in the regs somewhere. Can you produce the rule I'm looking for?




Common sense is not always in the regs.

You cannot stop an undersize pike from hitting a lure which you must release. But you can however make a decision as to not throw a spear at an undersize pike. It is the responsiblity of the spearer to make sure it is of legal size before spearing it. 

It is spearing and keeping . Not spearing and releasing.

Want to stop it, call a CO when it occurs. Rap # is on your license.


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## boehr (Jan 31, 2000)

Sharkey said:


> Ok first of all...there not my friends. Read my originial post. I want it stopped. I agree 100% that it must be illegal. I want to see it in the regs somewhere. Can you produce the rule I'm looking for?


foxriver provided the reg along with the link. What makes you think that reg only pertains to hook and line?

However, the problem is catching these unethical slobs. First, if they throw it back immediately then a CO will never see them do it. If they didn't throw it back right away then they would be in possession of an undersize fish. Second, if the CO is standing there with them I would bet they would never do it so tell your friend to ask those that told him what they believe to be legal, "would they spear a known undersize fish with a CO standing next to them and watching them"? If they say yes (they'd be lying) then set it up but I suspect they wouldn't.

It is as Walleye Mike stated, "common sense isn't always in the regs". Unfortunately it's not illegal for your friends fisher buddys to tell stories either.


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## Sharkey (Oct 29, 2010)

I agree 100% with what everyone is saying. I understand that common sense to me and you says don't throw the spear at a potentially undersize fish. I am not the one potentially breaking the law here, but I get the feeling my ethics are being judged. 

I am angry about this also, but I simply wanted to know if there is regulation about releasing an undersize fish that was speared. On purpose or by accident should be irrelevant in my opinion, but others may think differently. It looks to me like the rules only apply to possesion wether caught by hook and line or speared. I understand that releasing a speared fish would likely be unsuccessful compared to releasing a hook caught fish. 

Is it illegal to release a fish that was thought to be of legal length but ended up otherwise after spearing it if done unintentionally? It's got to be, but is it implied or in writing somewhere? That is all I'm trying to find out. 

My friend who knows these guys has a message into the local DNRe officer right now so hopefully it gets clarified to these non sportsman to knock it off.


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## boehr (Jan 31, 2000)

No. There are no words written into law that specifically states a fish shall or shall not be released after it is "SPEARED" Just as there is no law that states you should take 3 breaths before throwing the spear. Hence, the law that foxriver posted.

Nobody here is judging your ethics and everyone understands they are not your friends so there is no reason to be angry. Everyone understands you are basically talking about someone else that is a violator. What you seem not to understand is the law was provided to you but you refuse to accept what was provided. And since it appears your new to the site, I am a retired Lt. from the Plainwell Office.


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## Sharkey (Oct 29, 2010)

Nice to meet you. You stated there is no law, but the law was given to me and I didn't except it. That's confusing.

I apologize for what ever it is that bothers you about my question. The amount of posts or our backgrounds I find irrelevant. I love and respect the outdoors as much as anyone and that is what we all should have in common on this site. If my reply sounded abrasive then I am sorry. It was not my intention.

I will let the local officer deal with this, he or she's interpretation is probably all that matters.


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## WALLEYE MIKE (Jan 7, 2001)

Sharkey said:


> I will let the local officer deal with this, he or she's interpretation is probably all that matters.


Without question, this is what should be done.


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## Petronius (Oct 13, 2010)

In the fishing guide, Table 6 Bow and Spear Fishing, it says size and possession limits are the same as for General Hook and Line Regulations  Table 1. In Table 1 General Hook & Line Regulations, Note 7 - Special Northern Pike & Muskellunge Regulations, it lists the lakes in the counties with no size limit on northern pike. 
Hook and line regs:
http://www.michigan.gov/documents/dnr/general-fishing-regs_272352_7.pdf
Spearing regs:
http://www.michigan.gov/documents/dnr/bow-spearing-table6_272192_7.pdf


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