Advocate for Changes

Changes

Let me be straight with you. I don't care where you believe my walleye was hooked or how you believe my walleye was caught. This blog was not created to support me holding a state record. All I am asking is for you and others to read what happened to me and identify places where changes could be made for the better. If you identify areas to improve on, advocate for those improvements. If we request changes to the laws, protocols and procedures, it will make it better for everyone.

*My next statements are "what if" scenarios. In NO way shape or form am I implying anything with the scenarios listed below. I firmly believe my walleye was caught legally with the hook in the mouth.

Verification of Records

Currently, there is no process or procedure used by Game and Fish to verify record fish and all they do is "verify the weight." They don't provide information, images and videos to the public. They don't inspect the fish for any holes or damage. They don't verify or document where the hook was located. They don't even check fish for signs of fraud. This means someone could catch a large walleye in Canada, freeze it, get the weight verified in North Dakota weeks later and hold a state record. Someone could catch a perch, stuff it full of lead weights, have the weight verified and hold a North Dakota state record. Someone could illegally net a fish, get the weight verified and hold a state record. Lastly, someone could find a fish floating dead on the water, get the weight verified and hold a state record. Wait, didn't that last one already happen? We will never know because there isn't a procedure or process in place to verify record fish. Again, Game and Fish stated they "only verify weight."

False Statements by Witnesses

Did you know there are protections in law for witnesses who provide false statements to law enforcement during an investigation, but no protections for the people they implicate in their lies? So a witness can lie to an officer during an investigation and later claim they didn't "knowingly" lie. And if someone were to take a witness to court for false statements, you are unable to claim your attorney fees as part of the damages even though the attorney fees were caused by the false statements. That isn't right! Witnesses will continue to lie and make up statements until there are consequences.

Fishing Equipment

Currently, it is illegal to keep a foul-hooked fish whether or not it was foul-hooked or snagged intentionally. This means the regulation doesn't take into consideration the type of fishing equipment a person is using to catch fish or even the intent of the fisherman. It is the same crime whether you use a 10 inch wide treble hook tied above a large sinker as it would be for someone using a 1/4 ounce jig and a minnow. Let me be the first to say it. It is much, much more difficult to foul-hook a fish with a 1/4 ounce jig than it is to catch a fish in the mouth with that same jig. I can count on one had the number of fish I foul-hooked in my lifetime of fishing. Considering this, why would it be a crime to unintentionally foul-hook a fish? 

In nearly every other state in the country, it is not illegal to unintentionally foul-hook a fish. In fact, nearly every other state allows you to keep the fish as part of your daily limit. Doesn't this make more sense? Why should someone have to worry about criminal penalties for unintentionally hooking a fish in the wrong spot?

Knowingly

Game and Fish's current regulation doesn't take into consideration whether or not a fish was knowingly or unknowingly foul-hooked. This means if someone catches and keeps a fish but can't prove where the hook was located, it could be considered a crime. So every time you catch a fish and the hook pops out before you see where it was hooked, the law implies you must immediately release the fish back into the water. Do you do this? How many times have you had a fish spit the hook in the net before you saw where it was hooked? Shouldn't the law take into consideration whether a person knew or not it was foul-hooked? 

What if you didn't see the hook when your fish was caught? And, you never removed the hook from the fish and never saw the hook when it was removed? Furthermore, what if no one told you where it was hooked and no one raised any concerns as to where your fish was hooked? If it turned out your fish was later proven to be foul-hooked, according to the current regulation, you would be considered the criminal because you kept the fish regardless of the prior points. Do you confirm where every one of your fish was hooked and are you able to prove where every one of your fish was hooked when it was caught? I know I don't and couldn't. Again, the current regulation implies you must be able to do this. 

What if you made someone mad on the shore where you are fishing because you got to the good spot before they did. And, what if that person made false statements you foul-hooked one of your fish. You will be required to prove where that fish was hooked at the time it was caught. Could you do this with every fish you caught? No? Then you will be considered the criminal. 

The regulation on foul-hooked fish needs to be changed. It could be as simple as, "It is a (noncriminal) offense to "knowingly" keep a foul-hooked fish." Doesn't this make more sense? The word knowingly is written into many of our state laws as a protection for the innocent. Why should Game and Fish operate under different standards? 

In Front or Behind the Gills

The current regulation allows you to foul-hook or snag a fish in front of the gill plates, but not behind the gill plates. So if you snag a fish in the eye socket, cheek, chin etc., that is legal. But, if you foul-hook a fish behind the gill plate, that is illegal. You are allowed to foul-hook a fish on the top of the head, but not behind the head.

Class B Misdemeanor

Keeping a foul-hooked fish is a Class B Misdemeanor per the Governor's Proclamation. It holds a criminal penalty of up to 30 days of imprisonment, a $1,500 fine, or both. This means keeping a fish unintentionally hooked in the wrong spot holds the same criminal penalty as someone who commits disorderly conduct, simple assault or prostitution and holds more of a criminal penalty than most drug offenses. Not to mention, the criminal aspect of the current law has consequences for employment. Some people could lose their job or not obtain employment if convicted of keeping a foul-hooked fish. The law makes no sense.

Guilty Until Proven Innocent

Game and Fish recently announced they made changes to their internal processes and procedures for verifying and recognizing state records. Here is what they put in writing for one of their changes, "The Department may further investigate whether a fish was legally taken including interviews with the applicant and/or witnesses, and to reject any applications which are questionable."  Let me repeat that, Game and Fish will "reject" any "questionable" applications. This means, Game and Fish will continue to act as the judge and jury in determining who holds a state record without Due Process or evidence. False witness statements and jealous people will forever determine the outcome for legal hunters and anglers with this type of protocol. Allowing Game and Fish to "reject" applicants based on being "questionable" will destroy the reputations of others who submit for state records in the future. This is NOT ok! Game and Fish's protocol, is potentially a violation of Due Process and should be immediately removed. People have the right to be considered innocent until PROVEN guilty! You have the right of Due Process! 

Advocate for Changes

If you read through this post and have identified areas to improve on, advocate for those improvements. Call Game and Fish. Email them. Terry Steinwand is the Director, and Scott Peterson is the Deputy Director. Both can be reached at 701-328-6305. If we request changes to the laws, protocols and procedures, it will make it better for everyone. 

Your voice matters!

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