# North Dakota rejects new state walleye record



## OHeyes (Dec 25, 2017)

https://bismarcktribune.com/news/lo...cle_e9fee708-f800-5c10-9453-4e57a20191e5.html


*North Dakota Game and Fish rejects Lincoln man's walleye claimed as new state record *

*Jack Dura *Capitol Reporter May 13, 2019 Updated May 13, 2019

The North Dakota Game and Fish Department investigated whether the 16-pound, 9-ounce walleye Tom Volk caught this fishing season broke the state record. Fish officials concluded it was not a qualifying catch.

A Lincoln man is "absolutely disappointed" after the North Dakota Game and Fish Department declined to recognize his walleye as a new state record. 

Tom Volk caught a 16-pound, 9-ounce walleye April 21 from the shore of the Heart River in Mandan. Game and Fish investigators on Monday determined his walleye "was foul-hooked and, therefore, cannot be recognized as a state record."

North Dakota Chief Game Warden Bob Timian said eyewitnesses' statements and other information contributed to the finding.

By rule, a foul-hooked fish is one hooked behind its gill plates, such as in the tail, back or belly. Timian also said the fish was not intentionally snagged, which is illegal but for paddlefishing. "A third party" netted and unhooked Volk's fish, he added.

Volk disputes the department's "unfortunate" finding and has consulted his attorney "for an appeal process of some sort," but can find nothing in administrative code, rules or law to appeal the conclusion by Game and Fish.

He maintains the fish was caught by the mouth and cited evidence for his side. 

"There's a hole in the mouth of the fish," Volk said. "There's string burn on the side of the fish's cheek. There is no indication of any damage to the body of the fish." 

He said he's disappointed from the official finding and added he hopes for witness statements to come forward to bolster his claim.

Timian said the state record book is not in law and is kept at the department's discretion. Private entities usually track records. 

"We wouldn't even have to keep a record book, quite frankly," Timian said. 

Despite his disappointment, Volk said he still plans to send the fish to a taxidermist and celebrate "the fact that I caught the official unofficial state record walleye in North Dakota."

Timian said Volk's fish should have been returned, but Game and Fish won't contest his keeping it. 

North Dakota's state record walleye stands as a 15-pound, 13-ounce fish caught by Neal Leier, of Bismarck, in May 2018 on the Missouri River near the Fox Island boat ramp.


----------



## 1MoreKast (Mar 15, 2008)

If he truly and legally caught that fish as he stated I would be livid. On the other side I'm curious to see what evidence the NDGF have that state it was foul hooked? Just by hear-say from other witnesses? Seems rather...."fishy" to me.


----------



## berkshirepresident (Jul 24, 2013)

They mention the reports of witnesses. That's probably game, set, match.......


----------



## Flathead76 (May 2, 2010)

If they are kicking out his record for being snagged why is he still allowed to keep the fish? That's the part that I do not understand.


----------



## 1MoreKast (Mar 15, 2008)

Flathead76 said:


> If they are kicking out his record for being snagged why is he still allowed to keep the fish? That's the part that I do not understand.


That's a very good point...


----------



## M.Magis (Apr 5, 2004)

Flathead76 said:


> If they are kicking out his record for being snagged why is he still allowed to keep the fish? That's the part that I do not understand.


Because they don't have any real evidence. They don't need evidence to prevent it from being a record, but for a snagging charge they would have to provide actual proof.


----------



## CaneCorsoDad (Jun 11, 2017)




----------



## Flathead76 (May 2, 2010)

M.Magis said:


> Because they don't have any real evidence. They don't need evidence to prevent it from being a record, but for a snagging charge they would have to provide actual proof.


Good point.


----------



## rickerd (Jul 16, 2008)

If someone else netted the fish, wouldn't they be the best witness? Hope that doesn't leave a bad taste in his mouth. That is a monster fish.
Rickerd


----------

