definition of immediate release.

Post by JZ » Wed Mar 10, 2010 7:45 pm

Hello

Just wondering what the official definition of immediate release is? Does it allow you to measure? Weigh? Take a Picture?
This has never been a big deal because I don't often catch out of season fish however with the new slot limit for walleye in 2010 in zone 17, I am concerned. I am going to Rice Lake in the spring and although I never planned on keeping a fish over 19in anyway, if I do get a nice 25incher I would like to get a picture before I send her back. According to some people's definition it would be illegal to take the time to take a picture.

There is lots of talk from the lodge owners in zone 17 that the changes to the panfish rules will be bad for business however if you can't get a picture of a walleye over 19inches I think it would be just as bad.

Post by **MLR** » Wed Mar 10, 2010 7:52 pm

Contact your local MNR office and ask what their official deffinition is.

My perception would be that if you have your camera ready, take a quick pic and release the fish back into the water and not to put it in your live well for the day and release it later.

Post by **Fishing 24/7** » Wed Mar 10, 2010 7:57 pm

quick pic . FTW!

Post by **joco** » Wed Mar 10, 2010 8:11 pm

we did talk about this before.

it meen right away no pict taken.

BUT some mmnr peole will let it go.

but wont say that becasue for some people take pict take to mutch time and then they could get fines..and i am happy wit that.

there no time limit so hard to say ok to take pict and peole would take there time..at least some will.

wen you see tons off pict off fish its probably been out off water to mutch time anyway.

i am not saying i dont take pict i do and most off us do....are we legal..?

this is a big gray area.

but its instantly......but open to some pict taken...but again its all about the mnr that will see you and how you handle that fish.

if the fish is a OOSF fish then more then anything its right away.

joco

Post by **bassman3840** » Wed Mar 10, 2010 8:17 pm

Last year i was dicussing with a game warden my concerns about people fishing bass out of season He explained to me that the fishermans camera was the ministry,s best friend. When he see someone who he suspects was fishing out of season & he sees that they have a digital camra he asks if he can check the camera he explained that if they had taken pictures of out of season fish they will be charged as by taking a picture of the fish didnot constitute immediate release. be careful about taking pictures of out of season fish.

Post by **Bass Addict** » Wed Mar 10, 2010 8:55 pm

Has there ever been such a case where someone has been charged for taken a pic of an oos fish.......I bet not..

Post by **fishin mission** » Wed Mar 10, 2010 8:59 pm

nope just people taking pics of birds !!

Post by **saskie** » Thu Mar 11, 2010 11:28 am

Bass Addict wrote:Has there ever been such a case where someone has been charged for taken a pic of an oos fish.......I bet not..

I think from an enforcement standpoint if they "KNOW" that someone is "TARGETTING" OOS they can use that approach to prove it.

I'm quite sure if you caught a nice bass on a 1/16oz pannie jig and maggot through the ice; or a minnow/jighead while fishing walleye in early June; or trolling a fluttery spoon for pike and took a pic you'd probably not get a fine...

But if you caught it on a Texas-rigged plastic worm in a shallow flat and, when questioned, claimed you were "pike fishing" you'd probably get slammed if your camera had pics of a bunch of bass.

Post by **uglyfish** » Thu Mar 11, 2010 12:24 pm

it is perfectly LEGAL to take a picture of an OOS fish or a fish that is in the slot and needs to be released.

as long as ur not putting the fish in ur livewell to go back to the ramp and get a pic or ur taking a long time to take the picture.

have the camera ready and get the fish unhooked and snap a quick pic or 2 and send her back in the drink!!

i was told by a CO that they will not fine someone for taking a picture of a OOS fish as long as its done quickly and safely and the fish is released.

Post by **bassman3840** » Thu Mar 11, 2010 1:02 pm

Uglyfish What was the CO smoking when he gave you that reply .His answer doesnt make much sense how would the CO know if the picture taken was done quickly & safely.I would ask another CO and see what his answer is.Does the reg not say immediatly.

Post by **Bobber** » Thu Mar 11, 2010 1:19 pm

Hey guys,

My interpretation...and yes it's an interpretation, is that a CO is not going to issue a fine to someone who obeys the regs in accordance with the reasons why those regs are in place. They're not here to make angler's lives miserable, they are here to enforce the Ministries regulations to best protect the conservation of our resources to the best of their ability and discretion in many cases.

Many of the regulations we have today are there for a reason. Sometime we all take them a little too literally for whatever reason...fear of getting a fine, in the name of conservation, etc. There really is no black and white answer to everything....some things maybe...but not everything. If we all are to use a little common sense, realizing why the rules are place, then we'll be OK.

My take on this is that if Walleye are in season and you are fishing for Walleye, happen to catch a big one over the slot limit, then for sure you can take a photo of the fish and then return it to the water. The spawn would be over, and this fish's job would have been done, so why not. As with all photos you take, you should do this quickly so as to not damage the fish for next time they need to perform their duties. The regulation is in place because it's these larger fish who produce more fish later on, so we want to keep them there to do their thing. As long as we put them back, and not in a livewell, cooler, or bottom of the boat, then we're adhering to the regulation and it's purpose.

Targeting an OOS fish is obviously illegal. Catching an OOS fish accidentally is not illegal, but keeping it is, as you're probably taking that fish off its nestbed and leaving their younglings open to attack. It's in the best interest of the conservation aspects of the species to let that fish go, preferably without causing that fish any undue stress which would impede their ability to produce other healthy fish into the future or protect the ones they just gave birth to. This includes taking photos, measurements, etc in my opinion. Catching fish puts stress on them, and they don't perform well after that....if you know what I mean.

Would a CO give you a fine for taking a photo of an OOS fish....I don't think so, as long as you put it back into the water. I wouldn't recommend it for the good of the fish....but I doubt you'd get a fine for it. Continually doing so, without chaning your location or choice of bait, may be interpretted as you are now targeting them...which is illegal...and you may get a fine for that. Again, common sense which does not put our CO's in a position to have to interpret is the way to go. They're really not bad guys and gals, just looking out for the future of our resource.

That's my take on the subject.

cheers,

Post by **steve-hamilton** » Thu Mar 11, 2010 1:45 pm

"bassman3840" not likely.

the MNR is not charging you based on photo's on your camera.

Post by **Jimmy_1** » Thu Mar 11, 2010 2:00 pm

I would not hand over my camera to a CO etc

They can check my gun, my licenses, my tacklebox etc....but my camera is really none of their business...

Post by **Trophymuskie** » Thu Mar 11, 2010 2:06 pm

I have the answer from the top MNR reinforcement guy somewhere and it clearly states that immediate release does not allow for pictures.

Now if a fish is in season and needs to be measured to see if it fits into the slot or proper size I am sure a CO will be more leanient then if it was an OOS fish.

There is a big difference between catching a slot or undersized fish during the season vs. an OOS fish which should never be handled.

Post by **Todd B.** » Thu Mar 11, 2010 2:48 pm

I'm in agreement with Bobber on this one.

The NY DEC regulations are clear on immediate release.

Catch and release means catching and immediately releasing the caught fish without harm. Measuring, weighing and photographing of the fish are permitted as long as the fish is not removed from the water for an extended period or handled in a manner that could cause it harm. Fish may not be placed in a bucket, tub, livewell, on a string or any other holding device.

The MNR regulations unfortunately do not provide clear definitions, however from the section on "TIPS ON LIVE RELEASE OF FISH", they discuss photographs before the immediate release of fish. As previously discussed, it you're catching multiple OOS fish you're going to get tagged with targeting OOS fish.