Looking at all the fishing reports has me researching and unable to find the answer. When fishing with a guide, do customers get to keep the guide‘s limit as well? As if the guide may donate their portion of the total boat possession to the customer?
Wisconsin Fishing Discussion
Fish Limits with a guide
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Not sure if that "legal advice" comment was directed at me? If so take it directly from the Administrative Code if it makes you feel better. I'll even do the work and provide the link for you:
https://docs.legis.wisconsin.gov/document/administrativecode/NR%2020.03(8)
Plus I'll copy and paste it if you don't want to go directly to the source:
20.03 (8) “Daily bag limit" means the maximum number of fish that may be reduced to a person's possession from a specified waterbody or portion of a waterbody in one day.
I believe the intent of the law is I have a possession limit and so does my guide. This is the daily limit of fish that person can keep. If he gives it away he cannot legally keep another limit. I don't believe it was written to make it unlawful to give fish away. Definitely a grey area
Quote: Swamp buck: 4 of my friends give me their limit of fish they caught on the same day. Have I broken the law?
Yes, you have broken the law. You're never allowed more than 1 possession limit. In your scenario you have double that. This is true no matter if the State has issued you a license to fish or not, and regardless of your knowledge about fishing.
The law also states, I'm going to paraphrase, that you may not reduce into your possession more than 1 daily limit of fish, per day. This is the point that TheIceMan made below, and what needs further DNR clarification. If, on the same day, you reduce your daily limit into your possession and your guides daily limit into your possession it appears you have violated the law to me.
What if I don't fish and know nothing about fishing. 4 of my friends give me their limit of fish they caught on the same day. Have I broken the law? I say no. Do I need a fishing license to keep fish someone gave to me? Or does that mean I poached them? If I catch a limit and the guide gives me his limit I don't believe it morphs into my daily limit. Its my limit and his limit given to me. Not 1 limit but 2 separate limits IMHO
Quote: TheIceManFishith:
"Scenario: 1 customer in the boat, 1 guide in the boat. Customer catches and keeps a limit, the guide also catches a limit.
The guide can not give the customer his catch because the customer is already at the possession limit for the day, even once they are off the water. Until the next day, the customer may not receive the fish because their DAILY limit has been reached. "
This perspective has been discussed earlier in this thread, and it does seem to be supported by the law. However, it's not currently what's being followed by many guides. They're giving their limit to clients and they say they've checked with local wardens and been told it's okay. Now, it may not be legal, just confusion or misunderstanding of the law on a local level. Lack of clarity and guidance by the upper LE management within the DNR. If you know of a way to get the those people as well as the DNR lawyers to clarify this I'd be great. It sure seems like it's needed.
Scenario:
1 customer in the boat, 1 guide in the boat.
Customer catches and keeps a limit, the guide also catches a limit.
The guide can not give the customer his catch because the customer is already at the possession limit for the day, even once they are off the water. Until the next day, the customer may not receive the fish because their DAILY limit has been reached. Likewise, the guide can not go out and target that species until the next day, even if he gave his catch to someone who had not reached their daily limit, because his daily CATCH limit has been reached.
Any guide doing otherwise is breaking the law and should have their license to guide revoked.
ErikT - "As long as you are within your bag limit in the live-well for the number of people fishing in your boat I see no problem"
It's highly unfortunate that you see no problem with this. The fact is, party fishing is illegal in Wisconsin. What you describe is a crime. Anyone would be ticketed and fined for doing this, and if that person is guide they would lose their license.
As long as you are within your bag limit in the live-well for the number of people fishing in your boat I see no problem. Not much different than filling someone else's buck tag during a deer drive, as long as you are within talking distance perfectly legal. Lots of whinny cry baby's on here.
Not sure what if any changes there are in regulations for a guide but to me, it seems there is an issue to clear up with whether or not the guide is actually doing the fishing. If he is fishing and gets his limit he can't go back out later in the day and fish for more of the same species. If he is not fishing then the fish are not "his" to gift and other fishermen would have to be at or under the individual daily bag limits at all times.
My best guess; most guides are taking the max # of fish per guy in the boat, including the guide, when they can. The guide isn't reeling in the fish when trolling on the Bay, that is what the client paid to do. 2 guys going home with 15 eyes where the guide did not reel in his own 5 is putting those other 2 guys over the daily limit.
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