Here's a new question

Mark W

Mark W

Well-known member
Went out ice fishing today with a buddy I haven't seen in some time. Used to to a good duck hunting friend but he gave it up to follow other passions. He'll eventually return but that is another story.

As we are sitting outside fishing, I can't even tell you the number of flocks of geese that flew not even 10 yards directly overhead. I joked that I should have brought my shotgun (which I will during the season next year as this was a brand new river for me and a nice looking hunting area) as I think (don't know) that Wisconsin goose season is still open. As I made that comment it got me thinking and thus the question.

If I'm on the ice in the middle of the lake and start shooting geese, am I in violation of Wisconsin open water shooting regulations? I don't see ice anywhere mentioned in any reg and I'm not in a boat or a blind - I'm standing on the ice not even partially concealed.

I'm not going to go back and blast the geese on the ice but it was a good discussion and took at least 4 beers to work our way through the situation.

So, what do you think?

Mark W
 
Hey Mark,
Good question. Guess the real question would have to be made to the DNR over there.
My buddy, Gene, used to hunt geese out in the middle of the lake often...on the ice..down in Indiana. He'd push the South Bay Scooter out on the ice until he got to the open pocket of water in the middle and turn the boat upside down...bottom painted white. He'd hide under the boat and pop the geese when they came in. He drove a stake into the ice with a rope on it. He'd go get the goose with the boat and then pull himself back up onto the ice with the rope. Worked well and never had any kind of issue with regulations. I don't believe Indiana has the tough "layout & sculling" regulations that you folks do.
Lou
 
You would be ticketed for hunting open water. The only way you can currently hunt open water in Wisconsin, with the exception of a few lakes, is to stand on the bottom. Ice is NOT the bottom it is water, albet in a different form, but still water. Those of us who have to hunt here have had the same thoughts.
 
Mark,
Here I thought that the boys in the DNR office would have to consume a 6-pack to figure out that question but then after reading Pete's answer, I think he nailed it.
Al

Made me think of a friend of mine who lives in Wausau. He had pointed out into the lake where there was a submerged tree. "Do you see that tree, Al?" he asked. "Well, that is my property line. I can't use it because it is under water but I do know this----I am taxed on that property even though it is submerged and part of the lake now."

Who in Wisconsin thought up all of these rules?
 
You would be ticketed for hunting open water. The only way you can currently hunt open water in Wisconsin, with the exception of a few lakes, is to stand on the bottom. Ice is NOT the bottom it is water, albet in a different form, but still water. Those of us who have to hunt here have had the same thoughts.
Click to expand...


Forgot to add the part about the water only being 2-3 feet deep in the spots the geese were flying over so technically, if it wasn't frozen, I would be standing on the bottom.

Makes me ask another question then. If I cut a hole in the ice big enough for me to stand on the bottom of the river, then I would be OK to hunt these geese?

I asked the above question seriously. The regs say you can't hunt "open water". When there is ice, the water isn't open but frozen over. We all even talk bout the closing of hunting season the same way. Such as, "I was motoring out to my spot and then I ran out of open water due to ice". Or, "the whole lake was closed due to the ice". etc....

I'll have to call up the local CO and pose the question. Always interesting to hear their side of things.

Wish I had my camera, this river we fished is going to make a real nice hunting spot come next fall.

Mark w
 
Mark,

Makes no difference how deep the water is or IF you COULD stand on the bottom. If your feet are not on the bottom you are hunting open water and it is illegal. Ice is still water no matter how thick and the bottom is always under it, NEVER on top of it.

If you cut a whole in the ice and can stand on the bottom you would be legal as far as I know.
 
Mark there is only one problem. The hole you cut can not be over 12" otherwise you would be violating the ice fishing rules. You could drill two holes next to each other as long as the holes didn't touch. My boots on my waders are 13"

It wouldn't do any good to talk to a CO because each one would give a different ruling..... Then we would be hiring Lawyers and seeing Judges spending just too much time.
 
Hey, us lawyers have to earn a living too! However, you shouldn't have to consult with a lawyer to determine the rules before going out. Crazy.
 
So can you just cut open a big hole (so you can stand on the bottom) and not use it for fishing?
 
Last edited:
Mark, that is an interesting question and I am sure somewhere between what Pete said and "sure it is legal as long as you are not using any blind" would be the answer, depending on the day, the weather, the CO, the mood his wife is in prior to leaving the house, the color of your truck, your type of dog you hunt with, whether or not your brought your dog onto the ice and overall a myriad of other circumstances and happenstances that have no bering on actual hunting since of course, this is WI and our laws on hunting are so crystal clear and written to maximize hunting opportunity here in our state for the betterment of the hunter. You will of course notice only one period in that sentance as are most of the laws, 50 conditions and conditional conditions which make you feel like you were back in high school with that prick teacher who used double negatives on a multiple choice test.

Pete, so you cut a hole, you shoot a goose. You get out of the hole, walk over to retrieve it, it flys away, can you shoot it again to reduce it to bag? Say the goose is dead, you are standing ON the ice retrieving it, it's partner circles back, can you harvest that one too, ending your hunt successfully? or do you have to run back to the hole jump down, then shoot?

Mark what kind of beer was consumed?
 
Eric,

As for your first question I believe the regulations speak for themselves in that you can not be running when you ice swat that crippled goose or you would be in violation of the "shooting under power" law so in fact you must come to a complete stop and then load your gun and for your second point in fact if it's mate circles around and attempts to find it's mate you must, after tagging the first goose, run back to your hole in the ice, jump in and THEN load your gun before shooting said goose of course this assumes you can still find the hole in the ice again but of course this begs another question and that is, if you spread some of Scott's fake corn out on the ice and the geese actually land AND consume said corn is it really baiting or is it fake baiting and if it IS determined to be fake baiting - how much is the fine?

Hope you had a wonderful Christmas.
 
The beer consumed was a variety from left over parties I had throughout the year. All I know is that I drank a few and my buddy drank significantly more.

I was out yesterday fishing White Bear Lake and had the CO's walking around checking on people. Talk about some dumb laws for ice fishing. The CO's have to knock on the shack before they can enter due to some lawsuit a couple years back when they caught some drug abusers smoking something or another in the ice shack. Can you imagine being a CO? (CO approaches ice house) "Knock knock, CO can I please come in and check you for any violations?" Imagine the crap that goes down the hole in between the time the CO asks for permission and the time they let him in. I think I'll market a new product just for this situation and call it the "Violations be gone weighted ice fishing bag" or something or another.

Anyway, I asked the MN CO the question above and he didn't have an answer. He agreed that ice is not "open water" by definition and didn't know what he would do if faced with a guy shooting waterfowl in the middle of the lake while standing on ice. I brought up Pete's comments about not standing on the bottom and he brought up the fact that you are allowed to hunt on floating bogs if you are properly concealed and they aren't the bottom either.

Another good discussion. Left the ice when it started to rain. That darn global warming. It's still raining on December 30 in MN.

Mark W
 
Left the ice when it started to rain. That darn global warming. It's still raining on December 30 in MN.
Click to expand...


Give it a day and I bet it won't be global warming any more. :)
 
You must be getting what we'll have tomorrow. I hear the rain turns to more snow later this evening and then real cold tomorrow. Roads will be great with the rain turning to ice and then snow on top. Looks like a great night to stay home. Wonder how many kids I'll have at hockey practice this evening?

Mark W
 
The temp has changed here yet but it's getting close. It's in the mid 30s, rain and fog but by sunset it is suppose to be in the 20s. It's in the single digits right now in the Aberdeen area. I'm not looking forward to this 4-10 inches after all this rain. At least we got rid of some of the snow on the ground. The last couple days may have been above normal but we sure haven't had much of that this month.

Happy new year, I think we will be spent scooping, blowing and spreading salt,
Tim
 
You must log in or register to reply here.
Back
Top