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Re: Bag limits with kids [Re: pavlaugh] #12643537 02/23/18 08:49 PM
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ToasterWEyes Offline
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Great job taking your kids fishing, that's what is really important! My kids have been on the water since before they could walk. It is extra work to take them, but my girls are 11 and 9 now and still love to go fishing with dad. It's the one thing we share and I hope they will never be too busy to go wet a line.


It's only a good cast if you catch a fish...
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Re: Bag limits with kids [Re: pavlaugh] #12667428 03/11/18 02:47 PM
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I had my 3yo son with me catfishing one day. I caught my 25 limit and headed to the ramp. There was a gentleman at the ramp with 10-15 nice size cats. He asked if I wanted them and I said yes but I would have to cull some of my littler ones for his bigger. He had them on a stronger and just handed me the whole stringer. My son and I were sitting in the boat on the bank while I pulled the catfish off of the stringer.
Next thing I know I look up and the game Warden is watching me. I immediately got scared because technically I was 10-15 over limit. I explained the situation and he asked if that was my son and I said yesir. He said well he can have 25 too. Awesome. I kept all the cats and headed home. My son does have poles and does fish but obviously I have to help him.

Re: Bag limits with kids [Re: Twistedmidnite] #12667443 03/11/18 03:03 PM
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Originally Posted By: Twistedmidnite
I had my 3yo son with me catfishing one day. I caught my 25 limit and headed to the ramp. There was a gentleman at the ramp with 10-15 nice size cats. He asked if I wanted them and I said yes but I would have to cull some of my littler ones for his bigger. He had them on a stronger and just handed me the whole stringer. My son and I were sitting in the boat on the bank while I pulled the catfish off of the stringer.
Next thing I know I look up and the game Warden is watching me. I immediately got scared because technically I was 10-15 over limit. I explained the situation and he asked if that was my son and I said yesir. He said well he can have 25 too. Awesome. I kept all the cats and headed home. My son does have poles and does fish but obviously I have to help him.


Technically, you are within your boat limit for two fishermen...had you answered no (son not fishing) those other fish would have put you over your limit and you would have been ticketed. My takeaway from this situation, the GW used discretion given the situation. They really do a good job of considering the situation and giving the benefit of the doubt in most all cases...

Re: Bag limits with kids [Re: crapicat] #12667456 03/11/18 03:22 PM
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Originally Posted By: crapicat
My takeaway from this situation, the GW used discretion given the situation.


This has been my experience in almost every encounter I've had with game wardens, coast guard patrols, US wildlife & fisheries officers, etc. The only thing that I've consistently seen them be sticklers on is size limits.


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Re: Bag limits with kids [Re: pavlaugh] #12669305 03/12/18 08:55 PM
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I would be 100% certain that guy's kid was home playing video games, never seen a fishing pole, doesn't even know his dad and wearing Gothic clothing plus has never seen the sun. Sorry for the Rant. His complaint was BS.

I asked a buddy that is a GW and he said that if he heard and saw what the guy was complaining about he would do a well-fair check on you (wishing you and your kids Well) and then he would pick that guy apart and would try to find a way to give him a ticket.

Re: Bag limits with kids [Re: pavlaugh] #12669328 03/12/18 09:14 PM
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If that's not legal then doing catch and release after you have a limit would also be illegal. Check the TPWD website. Basics of law is that yes you can give your catches to someone else, so for example if you have your limit you can keep fishing and start putting your fish on someone else's stringer. Children count as other people, separate # of fish for counting. With that said, you can't carry more than your limit if you're on the bank. If you're catching sand bass in the creek and your 7 year old has a limit and you do too, you can't carry their fish out too they have to carry it. That's having over your limit.

If you're on a boat and using a common live well the #s are pooled. You can have one person toss 40 crappie in the well and another person 10, and then split it 25/25 taking them home. This is why some guides will catch fish with you and toss them into the live well and you take home (8 from guide and 17 personal, guides can't keep fish while on boat so can't keep extra fish above YOUR limit). Bank guide can have their own limit while guiding, just not on boat.

Hope this is clear.

Eric

Re: Bag limits with kids [Re: erittmueller] #12669969 03/13/18 03:36 AM
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Eric, you may want to read the definition of "daily bag limit". Or maybe I need to re-read it because I misunderstood it.

Originally Posted By: erittmueller
If that's not legal then doing catch and release after you have a limit would also be illegal. Check the TPWD website. Basics of law is that yes you can give your catches to someone else, so for example if you have your limit you can keep fishing and start putting your fish on someone else's stringer. Children count as other people, separate # of fish for counting. With that said, you can't carry more than your limit if you're on the bank. If you're catching sand bass in the creek and your 7 year old has a limit and you do too, you can't carry their fish out too they have to carry it. That's having over your limit.

If you're on a boat and using a common live well the #s are pooled. You can have one person toss 40 crappie in the well and another person 10, and then split it 25/25 taking them home. This is why some guides will catch fish with you and toss them into the live well and you take home (8 from guide and 17 personal, guides can't keep fish while on boat so can't keep extra fish above YOUR limit). Bank guide can have their own limit while guiding, just not on boat.

Hope this is clear.

Eric


"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate planning & tax attorney
2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
zac@artimlegal.com
Re: Bag limits with kids [Re: Uncle Zeek] #12670822 03/13/18 05:45 PM
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pavlaugh Offline OP
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Originally Posted By: Uncle Zeek
Eric, you may want to read the definition of "daily bag limit". Or maybe I need to re-read it because I misunderstood it.

Originally Posted By: erittmueller
If that's not legal then doing catch and release after you have a limit would also be illegal. Check the TPWD website. Basics of law is that yes you can give your catches to someone else, so for example if you have your limit you can keep fishing and start putting your fish on someone else's stringer. Children count as other people, separate # of fish for counting. With that said, you can't carry more than your limit if you're on the bank. If you're catching sand bass in the creek and your 7 year old has a limit and you do too, you can't carry their fish out too they have to carry it. That's having over your limit.

If you're on a boat and using a common live well the #s are pooled. You can have one person toss 40 crappie in the well and another person 10, and then split it 25/25 taking them home. This is why some guides will catch fish with you and toss them into the live well and you take home (8 from guide and 17 personal, guides can't keep fish while on boat so can't keep extra fish above YOUR limit). Bank guide can have their own limit while guiding, just not on boat.

Hope this is clear.

Eric


I've gone through the website, the admin code, and the TPW code, yet my understanding is that the daily bag limit applies to individuals, and gifted fish are considered part of the daily bag limit of the person who actually caught them--not the person who possesses them. Eric, can you direct me to any code or regulation about pooling fish?

I don't think the code is crystal clear on the topic. It seemed to me like most people on this forum view daily bag limits applicable to individuals, not the party. Arguably, the rule is different for a "guided fishing party." The provision that defines the daily bag limit for a "guided fishing party" doesn't simply say that guides may not take fish. It says that "the" (i.e., one) bag limit for the "party" is equal to the number of people on the boat minus the guide (and deckhands). Tex. Admin. Code 57.981(c)(3). That's clearly authorizing pooling of the party's fish together. Perhaps we can infer from the provision about guided fishing that daily bag limits apply to a party, so pooling is allowed in all situations.

Re: Bag limits with kids [Re: pavlaugh] #12671059 03/13/18 07:51 PM
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Originally Posted By: pavlaugh
I've gone through the website, the admin code, and the TPW code, yet my understanding is that the daily bag limit applies to individuals, and gifted fish are considered part of the daily bag limit of the person who actually caught them--not the person who possesses them.


Yes, that's what I'm coming to as well:

(11) Daily bag limit--The quantity of a species of a wildlife resource that may be lawfully taken in one day.

31 Tex. Admin. Code 57.971

When you catch and retain a fish, whether for your own consumption or to gift to someone else, you're "taking" the fish.

So if I'm fishing on Lewisville and the bag limit of sandbass is 25, I can retain a maximum of 25 sandies for the day. I cannot give those fish to someone else and then keep another 25 for myself.


"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate planning & tax attorney
2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
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