# Bluegills....Legal or Illegal?



## acklac7 (May 31, 2004)

It seems like the vast majority of people I ask say that bluegills or other "gamefish" are ILLEGAL to use for bait. However I can't seem to find any info on the ODNR site about what is legal and what is illegal to use. I don't do much livebait fishing...I did last year when I was in pursuit of the almighty flathead (got a 6lb 22" smallie on a 7 inch Gilly...what a suprise) but other than that it's artificial for me. Just sort of curious, that and I don't want to end up with a ticket if I decide to go chasing ol' leather lips this summer .


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## Mushijobah (May 4, 2004)

Lol that is BS...You can use any fish thats not endangered.


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## RiverRat (Apr 5, 2004)

As long as you catch the gamefish to be used for bait by legal means, its cool.

You just can not castnet, ect. gamefish to use for bait is all.

I love a good ole 12-15" LM bass as flathead bait....yea buddy.


Scott


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## shroomhunter (Aug 6, 2004)

There is a pond in my development which is on privately owned land. The pond has gamefish in it. There was a guy using a castnet and catching every species of fish. He was keeping some for food and taking some for bait. I asked him what he was doing with them. Since the castnet issue has been brought up I wonder if this rule applies to private ponds.
He caught 3 - 5 gallon bucketfulls of fish in about a half hour  
Said he had the right to do it as it is private land


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## bkr43050 (Apr 5, 2004)

I won't touch the question on private pond. I have no idea on that one.

The only other thing I wanted to add to River Rat's explanation is that the fish must be a legal size as well. For instance, if you choose to use a bass then the bass better be legal keeper size. If you are fishing a lake that has a minimum size limit of 15" then you cannot keep any less than that for bait. Also the limit applies to where the fish is being used as bait. You cannot take a bass that is only 10" that was legally caught in one body of water and use it as bait in another body of water that only allows bass to be kept at 15" or larger. This eliminates the excuse of, "Well I did not catch the bass here."

Misfit had done some extensive work a couple of years ago in contacting the ODNR and trying to get specific answer to bait questions because as you said there is a lot of confusing scenarios and often times the ODNR officials have differing opinions. Rick may be able to provide more specific answers if we did not address them here.


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## Fish-N-Fool (Apr 12, 2004)

Gamefish can be used as bait as long as they are caught on rod & reel. Like BKR says, be careful about lake limits on game fish if you choose to use them for bait.

mushroomman - the laws apply only to public water and state owned ground. Unfortunately, I don't think the guy was breaking the law by using a cast net at a private pond.


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## ncraft150 (Apr 5, 2004)

Another thing is that if you are using live gamefish you have to use them in the water where you catch them. You can not introduce them into another lake legally unless it it private property. For example you cant catch fish in Lake Erie and put them in portage Lakes


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## shroomhunter (Aug 6, 2004)

Yes the guy was doing nothing illegal, that has been clarified. The sad part of it is that we had a pond full of nice bluegills and bass. Now there is little left for those that live here to catch. Eventually it'll get built up again but that will take a couple of years.
Some folks are just hogs!


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## rockbass (Apr 16, 2004)

That sucks that the guy would do that. It is pretty selfish of him. Does he own the land though??? Then that is his thing. If not, I would say something to the landowners about it to see if they would post something against such a thing. I am sure the pond is there for everyone to enjoy. I am sure that without fish it is pretty hard to enjoy unless you are just sitting by the pond enjoying the weather and the view  That is unreal that someone would just go to a public yet privately owned pond that is shared by many people and just empty it like that. I bet he will go back for more some time and say I wonder where the fish have gone


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## misfit (Apr 5, 2004)

this is another misconception.


> Another thing is that if you are using live gamefish you have to use them in the water where you catch them


 it IS legal to transport them to another body of water for bait.as brian said,they do have to be within the sie limit of the water you are using them in.that is why i jumped through hoops and went to the top to get a straight answer.transporting was the issue,and per the head enforcement officer in columbus,you CAN transport LEGAL fish for use as bait.the reason for my digging into it was even some officers and others within the dnr were giving(unintentionally)wrong info,because even they didn't know the "real" law.


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## atrkyhntr (May 31, 2004)

WTG Rick... 
that is some issue to resolve bankside if you get the wrong officer


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## atrkyhntr (May 31, 2004)

BTW my thoughts were you were not allowed to use gamefish period hmnmnn


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## misfit (Apr 5, 2004)

clyde,that's exactly what prompted me to dig into the issue.a couple guys were supposedly ticketed for using bluegills they had brought with them.i personally had people in the dnr tell me it was illeagal,before i got the top dog on the phone,and got the skinny on things.the regs are just too vague in that area,and easily(but understandably) misinterpeted by most people.


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## mrfishohio (Apr 5, 2004)

If you choose to use a gamefish, it must be caught by legal means...eg:no crappies from a castnet. Also it must be of the legal size too. So you have to use a 15" largemouth in CC that was caught there for bait. Not that anyone would use a 15" LM but crappies are good for stripers sometimes and especially baby carp make great bait for flatheads, they last long on the hook too.


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## atrkyhntr (May 31, 2004)

It would be real nice to have a DNR officer answer this post and use their name so we could print it out for use bankside...
I once was stopped by a highway patrolman who said I was not allowed to hunt the area I was in and was pretty blunt and rude about it till I showed him a printed copy of an email I had rec'vd from a DNR Officer with his name and contact info on it...
He changed his tune then and of course I asked for his badge number which he reluctantly gave me after asking why I wanted it which I replied that the next time I am stopped I want them to have you as a reference too


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## Ruminator (Apr 6, 2004)

Ask our guest host for the chat about this! Good resource if he knows. Thats tomorrow nite from 8:00-9:30. He's a Dist. 3 biologist.


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## atrkyhntr (May 31, 2004)

.. that reminds me do these chats always have to be on wed?
I have my kids every wed and I cannot give up one sec of time with them to particapate in the chats


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## ncraft150 (Apr 5, 2004)

-It is unlawful to transport and introduce any aquatic species (fish, inverte-brate, plant) from one body of water to another.

http://www.ohiodnr.com/wildlife/Fishing/fishregs/regs05_06.htm and scroll down to general information.

So by the way this is stated you could only use what you catch in a certain lake in that lake and not another weather its bait or not. This would make my origional staement correct.


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## misfit (Apr 5, 2004)

> This would make my origional staement correct


again,according to the chief enforcement officer in columbus,your original statement is not true.

that is exactly what i meant by the regs not being specific.though it sounds cut and clear,it is not.according to what i was told,it really pertains to exotic and non-native fish,etc.
simply put,if you legally catch a bluegill at hoover,you can take it to buckeye and use it for bait,because it is native to both lakes.do you think the soft craws,chubs,shiners,fatheads,etc., sold at baitshops,are only used in the waters they come from? 


i'm done


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## M.Magis (Apr 5, 2004)

The key word is "introduce".


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## misfit (Apr 5, 2004)

right,mike.which means to me,something that isn't already there


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## toboso (Apr 14, 2004)

Like the others have correctly stated, it is a matter of living within the laws. IF you acquire the fish, frog, crayfish, etc. by legal means, then you're OK as long as you obey any other applicable laws where you're fishing.

One point of confusion is the term "game fish". An ODNR supervisor once told me that this term does NOT distinguish species by their popularity, stocking, or management plan. It has to do with commercial fishing versus angling (etc.) by private citizens. [Segue into the catfish & pay lake debate...]

I know a guy that was accosted by a game warden for having a cooler full of gizzard shad. If you read the law, one is limited to the number of "minnows" in possesion without a bait dealer's license. Now are YOY gizzard shad "minnows" or are the "rough fish"?

The best thing to do is be courteous if the game warden questions you and hear him/her out. Once you've listened, then calmly discuss your understanding of the law. Chances are you won't have a problem--unless you're suspected/observed doing something shady or just try to pick a fight.


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## atrkyhntr (May 31, 2004)

I like the way you think toboso...
This is a good post/read everyone...
Hard to teach me knew anything but I like reading


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