# Over limit ticket



## WALLEYE MIKE (Jan 7, 2001)

2 guys out fishing walleyes (limit 5 per person) bring in 11 walleyes either by mistake or on purpose. DNR at the ramp checking livewells, who gets the ticket if they can't agree or won't agree who has the sixth one. (could have been an honest mistake of counting also).

The boat operator?


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## MSUICEMAN (Jan 9, 2002)

i'd have to believe that the owner/operator of the vessel would get it, as he is ultimately responsible for what goes on in his boat for the most part. kinda like when ya see on cops people being pulled over for speeding and they find something in the trunk, the driver usually gets the ticket/jail time.


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## WALLEYE MIKE (Jan 7, 2001)

That would be logical Steve, but the laws aren't always logical.


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## Adam Waszak (Apr 12, 2004)

I say the boat owner as well they are responsible for it. Its not hard to count to 5 for most fishermen unless they were in the sauce a little too much

AW


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## Rencoho (Oct 18, 2000)

My guess is, the CO offers them both a chance to own up to the extra fish, if they can't agree, the CO gives them both tickets and lets the judge sort it out.


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## jpollman (Jan 14, 2001)

Rencoho said:


> My guess is, the CO offers them both a chance to own up to the extra fish, if they can't agree, the CO gives them both tickets and lets the judge sort it out.


That's what I was going to say. Make both of the parties responsible. They were both responsible for counting the catch and both made a mistake. If one of them doesn't want to "fess up", they both should get a ticket. But I don't know if a CO would write two tickets for basically one offense.

John


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## 2tundras (Jan 11, 2005)

Boat owner. If the fish is/are not his, then it is his option to argue in front of God and country that the fish was in fact his boating partners. Good luck. Possession is possession.

CO ticketing both won't stand up. Would seem that two people can not be found to be in possession of a type of game that is small in size and large in numbers, unless they are willing do so of their own accord. Simply because the intent of one to break the law in manner that the other could easily not be aware of creates a pretty good defense.

What I mean is if two guys are found to be driving around with an Elk or deer outa season, sure they both can be cited, because both are mostly likely quite aware of what is in the back of truck, maybe not, but likely. I am aware of CO's issuing citations to two individuals for possession an out of season animal, and allowing the county prosecutor to sort it out. But not for the type of situation you asked about.

I've persoannyly witnessted this problem twice on the ice. We had a group of 8 or 9 guys all clustered together. Somewhere in the piles an undersized fish was found. No one from that smaller, seperate group, admitted whose fish it was. So the CO is stuck with 8 or 9 guys to ticket. Not a whole lot he can do in that situation. He can issue citations till he's blue in the face, but no convictions will be forthcoming.


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## Ninja (Feb 20, 2005)

2tundras said:


> Boat owner. If the fish is/are not his, then it is his option to argue in front of God and country that the fish was in fact his boating partners. Good luck. Possession is possession.


 
The possession argument doesn't make sense....if the boat owner is considered in possession of all the fish in his boat, then he can be ticketed every time he comes in with more than the limit, no matter how many people are in the boat.

Still curious to hear from Boehr on this one.


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## tangleknot (Oct 8, 2001)

If it was me, I'd give them both a ticket if I got the vibe it was on purpose.

If I got the vibe that it was a mistake and they miscounted, I'd give them both a ticket for having that much difficulty counting past ten.


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## SEAWEED (Feb 28, 2002)

back a bunch of years ago i was with a guy around harrisville and he jumped in the river and threw a fish up on shore then thumped it to death . I knew it was wrong but beer logic anyway when we got to the truck two dnr officers walked out of the woods. They gave both of us tickets for illeal fishing and another one for ten dollars a pound $150 . they were so close to us they heard him beating that 300 dallar fish . choose your fishing partners carefully


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## snaggs (Jul 20, 2005)

Happened to me: On lake Erie when the limit was 10 fish per....3 fishermen...31 walleye......who cares who the ticket was made out to.....three of us split the fine........CO kept the extra fish.....a case of miscounted fish.....OH!!!we did not make "The Most Wanted List"....:lol: Huge walleyes...Very Huge

HAPPY NEW YEAR


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## WALLEYE MIKE (Jan 7, 2001)

snaggs said:


> Happened to me: On lake Erie when the limit was 10 fish per....3 fishermen...31 walleye......who cares who the ticket was made out to.....three of us split the fine........CO kept the extra fish.....a case of miscounted fish.....OH!!!we did not make "The Most Wanted List"....:lol: Huge walleyes...Very Huge
> 
> HAPPY NEW YEAR


Who got the ticket in thier name?

Interested in the big guy's reply.


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## boehr (Jan 31, 2000)

In every situation I've had, be it overlimit, out of season or too many lines, somebody has always fessed up to the wrong. If I ran across the cited situation however, where no one would admit to it, the boat Captain would get the ticket. I would never issue two tickets in that situation because if the first guy got off at trial he would have to be likely to blame his partner and then I would get a warrant for his partner and force the friend to testify against him. It always works out in the end.


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## Ninja (Feb 20, 2005)

But if the first guy got off at his trial, he could go to his friends trial and confess to it, then they would both be in the clear!!!  

I think I saw that on LA LAW once.  :lol:


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## lwingwatcher (Mar 25, 2001)

Ninja said:


> But if the first guy got off at his trial, he could go to his friends trial and confess to it, then they would both be in the clear!!!


Not if he professed his innocence (and blamed the other party) under oath in the first trial.


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## Ninja (Feb 20, 2005)

lwingwatcher said:


> Not if he professed his innocence (and blamed the other party) under oath in the first trial.


That is correct, but what if it was really his evil twin brother, who reappeared at the last minute after being in a coma for 10 years and suffering amnesia and......oh wait, that was General Hospital.


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## snaggs (Jul 20, 2005)

WALLEYE MIKE said:


> Who got the ticket in thier name?
> 
> Interested in the big guy's reply.


 My boat.......I was asked to submit info for the ticket....nice CO....I'm not going to mention a few other times over the years we miscounted.....yes....miscounted as well.....must have been the brews...of course this was many many years ago........Remember when you could come in with a limit of Salmon....all 25 ( + ) lbs and there were 4 guys in the boat??? I believe it was 6 fish limits then...do this day after day after day......canning process in full swing...giving away eggs to the commercial guys...Frankfort be the place.....

HAPPY NEW YEAR


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## Captain of the 4-C's (Sep 11, 2003)

#1 - Why is Walleye Mike asking? 
#2 - If they are true friends, have the CO write the ticket and split the fine between the number of guys there (I would think all are capable of counting fish) and if you had enough beer - the drunk would double the count for each fish :lol: .
#3 - The real solution is to put all the fish on the floor as you count them coming out of the fish cooler lining them up on the floor and counting once again as you place them back in. Then you shouldn't have to worry about it.

Step #3 is a real must do especially since I fish salmon tournaments - bad math counting skills could definately be a big embarassment at weigh-in.


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## WALLEYE MIKE (Jan 7, 2001)

Captain of the 4-C's said:


> #1 - Why is Walleye Mike asking?
> #2 - If they are true friends, have the CO write the ticket and split the fine between the number of guys there (I would think all are capable of counting fish) and if you had enough beer - the drunk would double the count for each fish :lol: .
> #3 - The real solution is to put all the fish on the floor as you count them coming out of the fish cooler lining them up on the floor and counting once again as you place them back in. Then you shouldn't have to worry about it.
> 
> Step #3 is a real must do especially since I fish salmon tournaments - bad math counting skills could definately be a big embarassment at weigh-in.


Only reason I asked was it came up in another thread, jokenly. http://www.michigan-sportsman.com/forum/showthread.php?t=121793 
Then I thought about it as a serious enough question to ask what would happen if neither guy would confess to being overlimit. Or even if they had counted wrong accidently.


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## MGV (Jan 22, 2002)

Rencoho said:


> My guess is, the CO offers them both a chance to own up to the extra fish, if they can't agree, the CO gives them both tickets and lets the judge sort it out.


Yep i agree. Let the judge figure it out if they want to argue.


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