Over Limit Bust

[HD]

Couple from southern Minnesota busted for 253 crappies over the limit
Husband, wife in southern Minnesota facing charges.

 By Tony Kennedy Star Tribune
August 1, 2018 — 12:17pm

These are the crappies taken from a couple in southern Minnesota after an anonymous tip earlier this year.


A timely Turn In Poachers (TIP) call from an angler in southern Minnesota has resulted in charges against a Mountain Lake couple who were caught with 273 crappies in their possession after exploiting a hot bite on Fairmont’s Lake Sisseton.

Minnesota Conservation Officer Dustin Miller said Tuesday the case is a prime example of how anonymous informants under the TIP program can strengthen the hands of local game wardens in protecting state resources.

“It’s virtually impossible to get cases like this without help from the public,” Miller said.

The tip came in around 8 p.m. May 20 from an angler who had caught 13 crappies on Lake Sisseton in a matter of minutes. The tipster observed a group of six people fishing in the same vicinity for a much longer period. The caller had watched the group catch and keep more than 100 crappies, a Department of Natural Resources report said.

Miller, conservation officer Mike Gruhlke and Mountain Lake police officer Emily Mathiowetz responded by tracing one of the vehicles to an apartment in Mountain Lake. They knocked on the door and asked the husband and wife for permission to inspect their freezer.

Miller said the suspects initially denied catching more than their limit of 10 crappies each in Fairmont earlier in the day. When the officers opened a chest-style freezer in the apartment with the couple’s permission, they removed 25 bags of fish averaging nine or 10 crappies to a bag. Two-thirds of the fish were frozen “in the round,” meaning they were uncut and whole. Other crappies were cut and cleaned in “butterfly” fashion and looked to be older, the report said.

“I allowed the two to keep their legal possession limit of 20 crappies,” Miller wrote in his report. “They were informed that they needed to eat the fish they had prior to keeping any more crappies.”

The man was identified as Isouvahn Xayachack, 70, of Mountain Lake. He and his wife, 60-year-old Chanhthone Phongsim, are charged with possession of fish over the limit. Miller said they face possible fines and orders for restitution that could total up to $3,000 if they are found guilty.

The conservation officer said the anonymous tip in the case was unusually strong because it was immediate and included solid information. The suspects also were cooperative, he said.

“They knew what they were doing was wrong,” Miller said. “It was a case of people who were overzealous.”

Other anglers in the Lake Sisseton crappie-fishing group were checked and found to be in compliance with possession limits. One angler was cited for fishing without a license.

[LPS]

 

[Leech~~]

The fishing limit?  me no know me no know     

Shouldn't have let them keep any of the fish-Period! 

[Jerkbiat]

I wonder how long before they do it again.

[mike89]

and how many years before were they doing it....

[Boar]

They didnt use a net either..... oops yeah i did. Yea im that guy. 

[Rebel SS]

Their names tell me something. Pretty common down here plus netting and snagging.

[Gunner55]

Gotta agree, Reb! Sound like Hmong's to me & they are well known for taking all the fish they can get. Rest of you got it right as well, not the 1st or probably the last time either. Shouldn't of let 'em keep any & NO LICENSE for at least 5 years

[Steve-o]

The man was identified as Isouvahn Xayachack, 70, of Mountain Lake. He and his wife, 60-year-old Chanhthone Phongsim, are charged with possession of fish over the limit. Miller said they face possible fines and orders for restitution that could total up to $3,000 if they are found guilty.

Xayachack and Phongsim...  'Dey mus' be up from da Iron Range, eh?

[snow1]

We need a "POP" quiz these days when purchasing a hunting/fishing privilege license,test must me in english to qualify,same for driver's license in english/then driver's road test.

[Rebel SS]

We need a "POP" quiz these days when purchasing a hunting/fishing privilege license,test must me in english to qualify,same for driver's license in english/then driver's road test.

Oh no, can't do that . That would be improper and politically incorrect.

[delcecchi]

We need a "POP" quiz these days when purchasing a hunting/fishing privilege license,test must me in english to qualify,same for driver's license in english/then driver's road test.

I can tell you that my dad's freezer probably wouldn't have passed scrutiny either.  Tell me, if you have a couple packages of eyes in the freezer do you take that into account when fishing out on the lake/river?   Do you know anyone that lives near a productive lake that might end up with more than the possession limit in their freezer when things are good in the spring?   

[Leech~~]

I can tell you that my dad's freezer probably wouldn't have passed scrutiny either.  Tell me, if you have a couple packages of eyes in the freezer do you take that into account when fishing out on the lake/river?   Do you know anyone that lives near a productive lake that might end up with more than the possession limit in their freezer when things are good in the spring?   

 273 over the limit is a bit of a over run as compared to 1 or 2! 

[Boar]

I ice fishe 3 outa 4 weeks durring the winter. Never keep more than my daily limit.rarely and i mean rarely eat fish on the lake.

[mike89]

We need a "POP" quiz these days when purchasing a hunting/fishing privilege license,test must me in english to qualify,same for driver's license in english/then driver's road test.

I can tell you that my dad's freezer probably wouldn't have passed scrutiny either.  Tell me, if you have a couple packages of eyes in the freezer do you take that into account when fishing out on the lake/river?   Do you know anyone that lives near a productive lake that might end up with more than the possession limit in their freezer when things are good in the spring?   

yup Del I live on a lake and you will never find more than 1 limit..  are there others yes!!!!  just not me....

[glenn57]

I ice fishe 3 outa 4 weeks durring the winter. Never keep more than my daily limit.rarely and i mean rarely eat fish on the lake.

that's cuz you couldn't catch a cold!!! oh you make it so easy.

[Gunner55]

Gotta agree with mikey on this 1. I've got an old dry wipe board downstairs with every pkg  listed, what's in it , how many, & when they were frozen. Never over our limit & if they start to get close to being old(1 year for us)we eat some.It might not be the same for others who live on the lake but I haven't heard of any being ticketed in a long time.

[Boar]

I beieve that we should only have a daily limit. A possesion bites. Hey lets have a fish fry at the family reunion.Ok, i have 3 fish, yup i still have 4 in the freezer, how many people are coming? 75, bill has some panfish it think... bob has a few small pike he was gonna pickle, maybe he could bring those. Ok we better cut the fellets into really small chunks
My point is as long as yiu abide by the laws of daily posession catch. Shouldnt mater whats in yur freezer. I still have some veny to use for sausage, id better get that use before nov. ND has no pssession limit. Loom how Dl is still sustaining with no closed spawn and 5 daily in possession. I just think mn is backwards on this.

[Steve-o]

I think the possession laws are on the books to be able to go after folks like Xayachack and Phongsim.  Unless LE catches someone red-handed coming off the lake, there is no other way to prosecute them.

No conservation officer cares about how many fish are in pop's freezer - unless pop is filling the bottom of his boat with slab crappies during a hot bite.

[Jerkbiat]

I beieve that we should only have a daily limit. A possesion bites. Hey lets have a fish fry at the family reunion.Ok, i have 3 fish, yup i still have 4 in the freezer, how many people are coming? 75, bill has some panfish it think... bob has a few small pike he was gonna pickle, maybe he could bring those. Ok we better cut the fellets into really small chunks
My point is as long as yiu abide by the laws of daily posession catch. Shouldnt mater whats in yur freezer. I still have some veny to use for sausage, id better get that use before nov. ND has no pssession limit. Loom how Dl is still sustaining with no closed spawn and 5 daily in possession. I just think mn is backwards on this.

This is exactly what i think also. As long as you only keep your daily limit each day, it shouldn't matter if you eat them or freeze them. I worry about it more now that i live on the lake vs when i didn't live on the lake. I really mind my ps and qs.

[Rebel SS]

I beieve that we should only have a daily limit. A possesion bites. Hey lets have a fish fry at the family reunion.Ok, i have 3 fish, yup i still have 4 in the freezer, how many people are coming? 75, bill has some panfish it think... bob has a few small pike he was gonna pickle, maybe he could bring those. Ok we better cut the fellets into really small chunks
My point is as long as yiu abide by the laws of daily posession catch. Shouldnt mater whats in yur freezer. I still have some veny to use for sausage, id better get that use before nov. ND has no pssession limit. Loom how Dl is still sustaining with no closed spawn and 5 daily in possession. I just think mn is backwards on this.

This is exactly what i think also. As long as you only keep your daily limit each day, it shouldn't matter if you eat them or freeze them. I worry about it more now that i live on the lake vs when i didn't live on the lake. I really mind my ps and qs.

Doesn't say a thing about how many are in the smomer....

[delcecchi]

I think the possession laws are on the books to be able to go after folks like Xayachack and Phongsim.  Unless LE catches someone red-handed coming off the lake, there is no other way to prosecute them.

No conservation officer cares about how many fish are in pop's freezer - unless pop is filling the bottom of his boat with slab crappies during a hot bite.

Selective enforcement?   The law says if you got em in the freezer they count just like if you have them in the live well.   But, they need probable cause and a warrant to look in your freezer.  Not sure about live well. (Just looked it up.  Can't search boat or look in live well without permission or warrant, unless the mn supreme court over ruled the lower court.  )Update: supremes did over rule the lower court.  You have privacy in a fish house, not in a boat.   

[Steve-o]

YEP!  We should all be thankful law enforcement exercises selected enforcement; like every time you got pulled over for speeding and got off with just a warning.  New flash!  It wasn't because you are a handsome, silver-tongued bloke who charmed the copper out of giving you a ticket.  They simply cut you a break and showed you some mercy.

And heaven forbid there should ever be probable cause to search my freezer, but that wouldn't stop me from feeling persecuted if I lost my fishing privileges because I forgot a about a buried package of crappies from three years back.

Mark me down for being in favor of selective enforcement.

[Rebel SS]

I think the possession laws are on the books to be able to go after folks like Xayachack and Phongsim.  Unless LE catches someone red-handed coming off the lake, there is no other way to prosecute them.

No conservation officer cares about how many fish are in pop's freezer - unless pop is filling the bottom of his boat with slab crappies during a hot bite.

Selective enforcement?   The law says if you got em in the freezer they count just like if you have them in the live well.   But, they need probable cause and a warrant to look in your freezer.  Not sure about live well. (Just looked it up.  Can't search boat or look in live well without permission or warrant, unless the mn supreme court over ruled the lower court.  )Update: supremes did over rule the lower court.  You have privacy in a fish house, not in a boat.

Not exactly, Del. All they need to do is knock or announce "CO!"  and they are allowed to step in. Trust me.

[delcecchi]

"Not exactly, Del. All they need to do is knock or announce "CO!"  and they are allowed to step in. Trust me. "

Trust but verify.   State supreme court agreed that fish houses require warrant.   If you have different info, I would be interested in seeing it.   

[Rebel SS]

Twice to me on Foster Arends, in a porty, once with my cuz on Bald Eagle in a hard house., and at least two times on Zumbro with my fishing buddy Kenny, and once on Pelteir with my insurance agent buddy.  My buddy got a ticket because his license was in his soft water tackle box.... That's their job, every ice fisherman knows that. You don't ice fish much, do ya? Argue all ya want, they have the right to knock, enter and check out yer license  while fishing on public waters, as that is their job.  You want to hide from them, or what?  And no, I detest illegal S&S, and fake reasons to enter a place, but yer on public water, and they are doing their job.  So yer saying if you were ice fishing you'd refuse the CO entry to check yer license, or fish? Now that's a true sportsman. Whatcha hidin' Del? Illegal stuff, like the Larson idjit that took it to court because he was blowin' tubes of doob? That azz shoulda stayed home and got all doped up. No place for it in an ice-fishing setting. Should be a simple non-issue if you're an honest person.

2017 Mn Fish and Game Laws

Subd. 3.Licensed activity. An enforcement officer may, at reasonable times:
(1) enter and inspect the premises of an activity requiring a license under the game and fish laws; and

(2) stop and inspect a motor vehicle requiring a license under the game and fish laws.




https://www.revisor.mn.gov/statutes/cite/97A.215

[delcecchi]

That's interesting. I wonder when the Minnesota supreme court reversed itself?
They can search a fish house but need permission or a warrant was my understanding.

[Rebel SS]

I dunno....I've been ice fishing a lot for 30 yrs, and the knock and check has always been the norm. Think bout it, how would they ever be able to check if you have a license? Stand outside and wait until you come out? If they pull up to yer boat and ask to see yer license, you have to produce...

[glenn57]

That's interesting. I wonder when the Minnesota supreme court reversed itself?
They can search a fish house but need permission or a warrant was my understanding.

that is how I understand it to be also.

I'm gonna let them in. Couple years ago up on red we got checked both Friday and Saturday, they knocked, introduced themselves as CO's but waited till I opened the door.

[Rebel SS]

There wouldn't be any fish in yer shack anyway.