# Upgrading Catches



## Skinner 2 (Mar 19, 2004)

Is upgrading catches legal? Example. Fishing Michign waters for walleye. You land your limit and keep fishing still targeting walleyes, catch a larger fish and place it in your live well and remove a smaller fish and return it to the lake.

Skinner


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## Blueump (Aug 20, 2005)

Skinner 2 said:


> Is upgrading catches legal? Example. Fishing Michign waters for walleye. You land your limit and keep fishing still targeting walleyes, catch a larger fish and place it in your live well and remove a smaller fish and return it to the lake.
> 
> Skinner


Yes, legal; but not necessarily viewed upon as ethical. Especially with walleyes - which you usually target to eat anyway. The smaller fish are better tasting. Pike or other more "fragile" species are also not good candidates for culling. I believe that culling is also prohibited in many tournament situations.

The exact senario you list in the OP could also be considered illegal if you already have 5 in your live well and place the bigger fish in before taking out the smaller one. As soon as the bigger fish is in your live well, you are now over your limit. Not sure if a CO would give you crap for that...but some may!


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## Skinner 2 (Mar 19, 2004)

Blueump said:


> Yes, legal; but not necessarily viewed upon as ethical. Especially with walleyes - which you usually target to eat anyway. The smaller fish are better tasting. Pike or other more "fragile" species are also not good candidates for culling. I believe that culling is also prohibited in many tournament situations.
> 
> The exact senario you list in the OP could also be considered illegal if you already have 5 in your live well and place the bigger fish in before taking out the smaller one. As soon as the bigger fish is in your live well, you are now over your limit. Not sure if a CO would give you crap for that...but some may!


Well this is what I would like to know. WHAt is legal in Michigan waters period.

Here is what happened to my dad in Canada while icefishing and now poses the question here.

My dad was on the Thames and caught quite a few walleys and was one less his limit. He caught and released 3 to 5 more but never kept the last one. A Canadian land and Forest officer was watching the area and busted a husband and wife couple with over limit of fish. He then walked over to my dad and said he was over limit. My dad rep;lied no he was not. The LEO told my dad is was not legal for him to continue fishing and returning fish. According to canadian law he could only keep the first walleyes caught and stop when he reached his limit. The LEO said he could arrest him right there for this but would let him go with a warning.

So what is the law here? 

Skinner


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## upmounty (Sep 26, 2007)

i believe skinner that if you have a limit already and catch another one, you are in violation while in possession of the 6th one?


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## foxriver6 (Oct 23, 2007)

Read what the law says below, can you upgrade when you have already caught and kept your limit? Take a look at number 2.... 

*324.48721 Maximum number of fish to be caught, killed, or possessed in single day; possession of fish illegally taken prohibited.* 

Sec. 48721.
(1) Except as otherwise provided in an order authorized under part 411, a person shall not in a single day catch, kill, or have in possession at any 1 time more than the number of fish indicated as follows: 
(a) Brook trout, brown trout, rainbow trout, steelhead, lake trout, and splake, in any combination of species, 10 when taken from rivers and streams or 5 when taken from inland lakes or Great Lakes, but not more than 10 pounds and 1 fish.
(b) Largemouth and smallmouth black bass, 5.
(c) Bluegills, sunfish, warmouth bass, rock bass, and crappies, 25 aggregate of any 1 species or in any combination of species.
(d) Pike-perch, 5. Any person may take and possess 10 pike-perch when legally taken in the connecting waters or the waters of the Great Lakes.
(e) Saugers, 20, when taken from the waters commonly known as the Portage canal and including Portage lake and Torch lake, all in Houghton county. Saugers when so taken shall not be bought or sold.
(f) Northern pike, 5.
(g) Landlocked salmon, 5.
(h) White bass, 10; 25 when taken from the Great Lakes or connecting waters.
(i) Whitefish, 12.
(j) Sturgeon, 2 per season. A person shall not possess sturgeon on or along the shores of an inland water except during the months of January and February.
(k) Perch, 50 in the Upper Peninsula and all waters of the Great Lakes that are within the jurisdiction of this state and are 10 or fewer miles from a border of the Upper Peninsula; in all other waters of the state, 100.
(2) A person shall not in a single day catch, kill, or possess more than a combined total of 5 largemouth or smallmouth bass, pike-perch, and northern pike, except that a person may take and possess a combined total of 10 of those fish when taken in the connecting waters or the waters of the Great Lakes.
(3) A person shall not possess a fish illegally taken.


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## duxdog (Apr 13, 2008)

Well what about all of these TOURNEMENTS where guys are "upgrading". Maybe we need to take a look at all of the fishing tournements held in Mi.


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## foxriver6 (Oct 23, 2007)

foxriver6 said:


> Read what the law says below, can you upgrade when you have already caught and kept your limit? Take a look at number 2....
> 
> *324.48721 Maximum number of fish to be caught, killed, or possessed in single day; possession of fish illegally taken prohibited.*
> 
> ...


It is important to note that this section of law changes in 2011 and eliminates the single day catch, kill or possess verbage. Again, what I posted is the current law but it does change next year to this: 
http://www.legislature.mi.gov/(S(f3...ge=getObject&objectName=mcl-324-48721-amended


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## malainse (Sep 2, 2002)

foxriver6 posted the law that applies. Thanks 



------------------------
(My opinion on culling under our law)
To me it is very clear that once you have your limit you are done. If you want to catch and release after your limit that is OK. But, Catch and release is of that fish. Not a smaller one (Culling) as you have already caught and kept that one in your livewell....

In past posts members have called the DNR. One say culling OK and others Not OK. So, it seems the best advise is to not.


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