Originally Posted by
wicklundrh
That is a very tricky topic. I've had this discussion with a couple of buddies of mine (Conservation Officers). Both know the laws and it is kind of up to interpretation.
Technically, "Culling" fish in Michigan is NOT legal. In other words, if your limit is 10, and you have 10 fish in the box, you catch a bigger fish, you cannot swap it out with one in the live well. That said, they cannot stop you from fishing. There are too many other species that you can fish for that do not count towards that 10 fish bag limit (they have their own bag limit). Also, you have the old "catch and release" clause that allows you to catch and "immediately" (according to the MDNR handbook) release your catch.
Here is the tricky part.
Say there are two men in the boat and each person has a 5 fish limit. In Michigan, you are only allowed to fish with no more than 3 rods per person. You are trolling six fishing rods and catch and keep your 9th fish. This would mean that one man is at his limit. Does that mean that you must real in 3 lines? The answer from my buddies was "NO". The reason was because, again, there are too many other species and an officer cannot interpret what the "intended" target will be.
This does however become a touchy subject. Especially dealing with jigging the river system. Again, a 5 fish limit per person, two people in the boat. The 9th fish comes in. Is one person done? If so, who is done? According to the actual law, the fish caught "should" be defined as to "who" caught them. In other words... NOT a community limit. If an officer approaches and asks how many fish on board, and the answer is "9", chances are, they are going to ask who has the five fish limit. Again, open to interpretation as far as catch and release fishing at this point in time (you can still fish) however, one should not catch a fish and give it to the other member of the boat. Community limit however can only really be enforced if someone was watching!
In a perfect world, where laws actually are written to make sense, the simple response that most states could have to combat this issue would be to initiate "combined limit". In other words, if each person can have a possession of 10 fish, and there are two people in the boat, than the entire "boat" limit is 20 fish. It would make these laws a ton simpler. At least in Michigan, you can still fish due to the catch and release clause.
Lets not even get started on the "Daily bag limit" and "total in possession limit"!