Why isn't there a closed season or other walleye harvest restriction on Devils Lake or other North Dakota water bodies in the spring?
To answer this question, we must first determine if there is a problem with harvesting big fish. Some argue that allowing spring fishing has the potential to result in over-harvest of big females, which would seemingly hurt reproduction potential for the year. While this perception is common, Game and Fish biologists have not documented any negative effects on walleye reproduction in Devils Lake, or anywhere else in North Dakota, from spring fishing. (Note: the Missouri River System has been open to year-round fishing since 1975 and rest of the state, including Devils Lake, have been open year-round since 1993).
Environmental influences usually play a much greater role on reproductive success. A good example is the walleye reproduction that took place in spring 2009 at Devils Lake. Tremendous winter moisture led to extensive and prolonged spring runoff down the coulees leading into the lake. Fishing was very good in the coulees that spring, with walleye and northern pike caught as far upstream as Cando.
Although fishing pressure and presumably harvest was relatively high, natural walleye reproduction still occurred at a record level. The catch rate of young-of-the-year walleye in fall 2009 was nearly seven times higher than the previously recorded high. Similar (but not as dramatic) results have been noted other years, including 2012 when the young walleye catch rate was the second highest recorded. This dispels the notion that spring fish harvest, at current levels, limits overall reproduction.
While spring fishing again at current levels doesn't pose a reproductive (i.e., a biological) problem, it has created a social problem, at least for some. Spring effort is often directed toward spawning fish because they are concentrated and most vulnerable at that time. While some anglers view this practice as acceptable, others believe the anglers who target big fish in the spring as "taking more than their fair share," which diminishes opportunities for others to catch big walleyes.
However, the early spring period usually accounts for far less than 5 percent of the total open-water walleye harvest. While some believe that spring shore anglers harvest inordinate numbers of large fish, creel surveys have shown that 80 percent of walleye harvested during the spring at Devils Lake are under 20 inches. Due to the low percentage of large fish harvested, a regulation would have to be extremely restrictive to reduce big fish harvest even a small amount.
The Game and Fish Department carefully monitors Devils Lake fish populations, and would consider appropriate regulations if they would result in actual improvements in population structure or health. But when overall regulations would have no effect on the population, the Department leaves the personal decision whether to harvest a fish up to the anglers.
There's a lot of shoreline from which to fish. Why can't I use more fishing lines, like when one goes ice fishing?
Currently a maximum of two lines are allowed for open water fishing. Allowing more than two lines for shore-fishing could lead to overcrowding in areas of limited shore access. At many lakes across the state, shore fishing access is not unlimited and sometimes inadequate, and allowing more lines would tie up areas that are already in short supply. Further, more lines would lead to crowding problems on the hundreds of fishing piers and docks at many lakes across the state.
Is an "umbrella rig" legal to use in North Dakota waters?
An umbrella rig focuses on the presentation of the terminal tackle, often providing numerous plastic lures to assist in attracting fish and is typically used for trolling. The basic design is a central point that you tie to your line, with a number of wire droppers. Each dropper typically has a snap that you can attach a lure of your choice, such as a jig and plastic, spinner or crankbait.
North Dakota fishing regulations allow no more than two lures per line, so up to two plastics, etc. can have hooks and would be legal. However, anything more with hooks would be illegal. The plastics without hooks are not considered a lure, and thus are legal. See schematics for a graphical display.
There are already daily limits in place in North Dakota for all game fish species. Why then does it matter how one goes about harvesting a limit of fish if the total fish that can be taken is already limited?
The daily limit is the maximum that can be harvested by an angler in a single day. However, the method of take is also an important regulation to protect fish population across North Dakota for a number of reasons.
The first of these explanations is simply in context of fair chase. "Fair chase" may be defined as the pursuit or taking of free-range wildlife (fish, in this case) in an ethical manner where the angler does not have an unfair advantage over the fish. A lot of fishing and hunting regulations are in place to ensure fair chase, and our fishing regulations are very specific when it comes to defining the manner of take.
Some of the technological advances in fishing and boating gear could potentially give anglers an unfair advantage over fish. Entrepreneurs are always trying to invent better equipment or methods, and our clear and consistent regulations make it possible for them to design their innovations within the bounds of what most consider as fair chase.
Another factor to consider is that many of our daily limits have stood the test of time, based on how easy it is for anglers to catch fish. The daily limit typically comes in to play when the fishing is really good. When more anglers can catch and harvest a limit of fish, this ensures that the resource is evenly shared among all the anglers and protects the fish population from overfishing.
However, on an annual, statewide basis, most anglers harvest less than a daily limit every time they go fishing. If we allowed more liberal techniques so more anglers could catch and keep a daily limit of fish more frequently, we would start seeing negative impacts to many of our populations. This in turn would necessitate a reduction in the daily limit for some/many water bodies.
The Department feels it is more important to give anglers the opportunity to harvest more fish when the fishing is good while using/following traditional methods versus allowing a wider range of options for catching fish but then reduce the number of fish they catch/keep.
Lastly, there are some methods of fishing that could lead to higher mortality of all fish caught. An extreme example would be the use of gillnets to catch a limit of walleye; by doing so, one would also kill a lot of other fish in the process.
A more realistic example might be our regulation requiring anglers to attend to their lines. Allowing anglers to use overnight set lines and not be in attendance would lead to deep hooking and consequent mortality of some fish, preventing them from being released alive. North Dakota's fishing regulations are designed to minimize this unneeded mortality.
Why can't we "party" fish?
Each individual should have their own opportunity to experience and enjoy the outdoors, and catch and harvest their own fish. There are always concerns that less experienced anglers, especially youth, are taken on fishing trips so older anglers can catch and keep additional limits, thus ruining the enjoyment of fishing for those who aren't allowed to catch their own fish. Also, North Dakota fishing regulations are based on past and present fishing experiences and success rates. If regulations allowed for party fishing, overall limits might need to be reduced.
Is there still a fish consumption advisory in place in North Dakota?
Yes, there has been one in place for years. The last update occurred in 2003 and can be found on the North Dakota Department of Environmental Quality website
Can I use fish for shore lunch?
At most waters you may do so. However, at waters with minimum size restrictions on a particular species, you may not remove more than gills, entrails, and scales from fish of that species. In these cases, you may do so only after transporting it to your personal, permanent residence. See Fish Size Restrictions in the fishing guide. It's important to note, any fish consumed during the course of a day's fishing count in the individual daily limit.
How do I properly transport cleaned fish? Do these same regulations apply after I get the fish home, and later transport them to another location for consumption or to give away?
The current regulation regarding transportation of cleaned fish reads as follows:
Fish may be filleted for transport, unless size limits apply, under the following conditions:
- Each individual portion of the meat removed from a fish is considered a fillet (fish cheeks and pectoral girdles (wings) are not considered as fillets and are legal to transport);
- Two fillets are counted as one fish, and;
- The packaging of fish must be done in a manner so that the fillets can be readily separated and counted. If fillets are frozen, they must be packaged so that the fillets are separated and thus can be easily counted without thawing.
This applies whether the fillets are fresh or frozen and does not change after the fish reach a permanent residence and are later transported to another location. Also, remember, at no time may a person transport more than his or her possession limit.
Gifted fish, including packages of fish, must be accompanied with the following information from the individual gifting the fish: name, fishing license number, phone number, date, species and number of fish gifted.
This regulation makes it easier for enforcement officers to count the number of fish. The intent of this regulation is to deter and prevent anglers from "over-bagging" and "double-dipping" and to assist game wardens in enforcing daily and possession limits.
After filleting a fish in a boat or on shore, why can't I throw a fish carcass back into the water body from which it was caught?
It is illegal to litter due to sanitation and aesthetic concerns. Not all parts of the fish sink, and body parts may wash up a shoreline. If everyone chose to throw carcasses into the water, areas around ramps and popular shore-fishing spots could become a big mess. Some facilities have modern fish cleaning stations that should be used. Otherwise, fish carcasses should be disposed of properly (e.g. double bagged and placed in dumpsters, buried, etc.). This includes filleting on the ice; the carcasses cannot be left on the ice or in the water.
Why can't I release fish held in a livewell at the end of a fishing outing?
If allowed, fish that were stressed (e.g. on stringers, in livewells, etc.) would experience delayed mortality after being released. The fish may swim away but may not be healthy and would eventually die. Further, if the release of fish at the end of the day was allowed, it could possibly lead to high-grading or culling. High-grading is the practice of selectively targeting fish – catching a fish, reducing it to creel (e.g. in a livewell), and then later releasing the fish after catching additional fish of a more preferable size. High-grading is and has been against the law for at least the past 60 years in North Dakota. Allowing for some release of fish after being reduced to creel, would complicate enforcement, and greatly confound the overall fishing regulations, as additional restrictions may be the result.
Can I put game fish in a 5-gallon bucket with water and transport them live?
No; only legal bait and legal live baitfish can be transported in water. Since fathead minnows, sticklebacks, and creek chubs remain as a legal live baitfish, there is no alternative other than to allow some water, in bait buckets, to transport minnows to a water body for fishing. In the case of game fish, there are viable alternatives to transport them home or to a fish cleaning station, and they do not need to remain alive.
Can I transport home some small fish I caught from a lake, and use them as aquarium fish?
No. It is illegal to transport any fish in water, away from the water body from which it was caught, except for legal baitfish.
The introduction and spread of aquatic nuisance species in North Dakota remains a concern.
Are people understanding the ANS rules and are they complying with them?
Every year Game and Fish biologists spend a large amount of time looking for ANS in the state's waterways. Even so, the threat of introducing and spreading aquatic nuisance species falls heavily on anglers and other water users.
The fishing and boating public are much more aware of ANS now compared to just a few years back. In a 2014 angler survey, 90 percent of the respondents indicated they were aware of ANS; this compares to 71 percent in 2008. Further, nearly three in four respondents this year stated that ANS was a problem/threat, compared to 63 percent in 2008 and only 35 percent in 2003.
Public awareness and concern has increased substantially in recent years, likely due to a committed information/education campaign by the Department and others. In addition, new ANS rules have elevated its importance, and compliance with these rules/regulations are improving each year.