the berry 6/1/05- two 17" cutts taken illegally!

[fishhungry]

Ran up to the berry after work yesterday. Fished along the bank straight across from strawberry bay marina. Got constant bites about every third cast throwing minnows toward shore and retreiving very slowly back to the boat. Caught one nice 21" cut that was the fatest I've seen come out of the berry, he was almost "football" shaped like the bows. There was a good breeze, then about an hour before dark the wind stopped and so did the fish. I guess they were too spooky, because we had zero bites once the wind stopped.

Interesting story. We said hello to a group in another boat and asked how the fishing was. They said "oh we've got a couple of nice cutts just under 17", barely legal." When I told them it was actually 15" they looked like they'd seen a ghost. They asked me what they should do because they were both dead in the cooler. I told them they were idiots for not reading the proclomation, but said I certainly wouldn't carry them back to shore. I drove off and didn't see what they ended up doing. I felt kind of bad for them, because they seemed like nice guys and it seemed like an honest mistake, but if I was an officer I would have still cited them. I grimace every time (and there have been many) that I've thrown back a 21.9" cutt and I know that there are a lot of people "bending" or outright "breaking" the rules at strawberry.
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[Spades]

At least they probably weren't doing it on purpose probably. I sure hope they didn't throw the dead fish back to avoid a ticket though.

Would the DWR confiscate the fish if they did ticket them? Or would they just write them a ticket and allow them to take the fish? I'm guessing they'd confiscate them but I'm not really sure.
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[icthys]

So....these guys were just left to run along their merry way?

Even if it was a mistake maybe they need a lesson in reading regulations. The law shouldn't be ignored just because of ignorance. I would have called them in, plain and simple. If nothing is done then word doesn't get out that you better read regs before you go.
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[svpdgcar]

[#505000]I'm sure the DWR would have confiscated them. I doubt they would cite them then let them keep their ill gotten gain. It's a shame some people don't read the regs closer. I however have been guilty of misreading a reg or two, as I'm sure we all have at one time or another. Some regs aren't nearly as clear as others. My folly wasn't anything too serious not like keeping fish in the slot. [/#505000]
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[#505000]Although I cringe at the thought of wasting wildlife it would have been the right thing to do in my opinion to release the already dead fish. The regs require you release them no matter the condition and I'm sure anyone who's fished the Berry has at one time or another has had to release a slot Cut they knew was too injured to survive because that's the law. [/#505000]
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[#505000]As a law enforcement officer, I would be less inclined to cite someone who made an honest (albeit a stupid) mistake which by the sickly ghost like expression on their faces when you mentioned the regs it probably was. Although with a crystal clear reg like the slot limit I think I would be more inclined to cite than to not. [/#505000]
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[#505000]One thing I've learned in my experience over the years is that people are inherantly stupid. I'm not immune to this phenomenon, and I doubt anyone reading this is either. We've all had our moments. Some seem to have them more than others, and some seem to be in a constant state. [][/#505000]
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[#505000]Although they probably deserved the cite, I'm hoping they were honest enough to feel about an inch high, and went home learning a valuable lesson about reading their proclimation. I know I felt pretty bad when I realized I had screwed up.[/#505000]

[#505000]I could go on and on about those who parking in no parking zones and handicap stalls (just to wait for a spouse who just ran into the store for a minute), and those who break other clear rules and regs but I'm going to get off my soapbox before I get run out of town on a rail!! [][/#505000]
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[Cowmilker]

How long has this law been in effect? I know it's at least been 2 years (or has it been 3) Every time I talk to ANYONE about going fishing, they mention they don't want to go to strawberry and let everything we catch go back. It appears these guys know there was SOME kind of regulations (they said "we got a couple just under the limit at 15") it seems if you know there were some limits you should have a proclamation handy to double check yourself.
I am no longer in law enforcement but I think I would cite them too, let the judge decide to let them go or not.
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[Spades]

Wouldn't throwing away the fish actually be a second offense. In my opinion the first offense would be not immediately releasing the fish which the regs require, the second offense would then be wasting them by throwing them out.

I'm certainly no expert on the regs, some of them are just hard for me to understand the wording of. I wish the DWR would come out with regs that you don't need a lawyer to understand.
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[svpdgcar]

[#505000]I agree the first offense would be not immediately releasing the fish. Although I don't like the idea of wasting fish, I think (this is my opinion mind you) it would be a second and equally great offense to ultimately keep them. It is against the law to waste game fish but in this circumstance I would go back to the fact you have to release slot cuts even if the fish is to injured to survive. I think keeping them would show intent to violate the slot regulation.[/#505000]
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[#505000]I think if presented in a court of law with these regulations keeping the fish would be viewed as worse than "releasing" the dead fish. Again this is just my opinion. Ultimately anyone who fishes a lake with bizzare regulations like Strawberry would be a fool not to be very very familiar with the regs.[/#505000]
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[#505000]I would be curious to see PBH weigh in and see what he thinks.[/#505000]
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[Jigg-N-It]

It's crazy about every three trips i make up there I get asked what the regulations are! It's simply unresponseable and negligence.
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[Lundman]

Strawberry Reservoir regulations have a goal of producting large fish that are supposed to eat the trash fish. Great Goal!!!

The MAJOR problem is 90% of the fish you catch have to be released - so why don't they make the lake BARBLESS??????

In my opinion, the current regulation PROMOTE releasing injured fish that will die. This is no excuse for the morons that can't read the regs but WHY doesn't the state make this a BARBLESS lake.

Common sense is really missing here or am I not seeing the BIG picture?

One more question??? Is there any lake in Utah that has Barbless regulation? (I guess I better read the regs and see).....
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[svpdgcar]

[#505000]To my knowledge there are no barbless waters in the state. I know the proclamation encourages single hooks over trebels, and has a section on the best way to catch and release. [/#505000]
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[#505000]I'll probably be mobbed and killed for saying this [cool], but I agree with you. Why not make it a barbless lake, and also limit it to single hooks only, no trebles.[/#505000]
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