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I feel bombarded lately with trying to keep up with all this social media stuff. As a result, my blog updates have suffered.
I’m trying to keep up, but in the meantime you can keep in touch will all things Outdoor Magazine on the facebook page and my twitter account.
Thanks.
Usually by this time of year, I have several Saginaw Bay walleye trips under my belt. This year, because of a busier than usual work schedule, my Starcraft Islander didn’t hit the water until today.
It was a trip that was definitely overdue…but the wait was worth it.
A surprisingly strong northeast wind greeted me as I cleared the mouth of the Saginaw River. With that in mind, I decided to head out deep rather than fish my beloved shallow water. I figured the run to the “Spark Plug” would get nothing but worse if the wind picked up later, and I could always head back to shore with the waves following me if conditions got too bad.
Turned out, the wind later died and the waves turned flat. I’ll take those conditions over the famous “walleye chop” anytime.
I started out east of the Plug in about twenty feet of water trolling spinners (nightcrawler harnesses) and bottom bouncers on Offshore in-line planer boards. After some experimentation, I discovered the best presentation to be ounce and a half bouncers 32 feet behind the boards. I also ran ounce and three eighths bouncers at 27 feet.
Copper blades were the best, especially the proven “Confusion” color. I don’t think you can go wrong fishing for walleye with Confusion.
I’m not a big crawler fan, but I have to admit they can be very productive, and it didn’t take long to catch a dozen or so nice walleye.
The day was still young so I decided to try another technique…this time, one of my favorites.
I tied on some Michigan Stinger Scorpion spoons about six feet behind Walker Deeper Diver diving planers, again behind Offshore boards.
I tried a variety of lengths from 20 to sixty feet back, but found the most productive sets to be 50, 55 and 60 feet. Again, copper….and especially Confusion were best.
In all, I caught probably 25 to thirty fish from fourteen to 23 inches. Not bad for my first time trolling this year.
Fish on!
Here’s your chance to fish a fun walleye tournament for Saginaw Bay walleye….
BCYC Sunday Walleye Tournament
Weigh-in at BCYC
On select Sunday afternoons from late May thru June, there will be a friendly walleye tournament out of the mouth of the Saginaw River in Bay City. The purpose of the contest is to create a competitive environment amongst local fishermen that enjoy fishing the Saginaw Bay and its tributaries. If there is enough support, the Bay City Yacht Club (BCYC) will be open for a light menu and drinks during the weigh in time – TBD.
Time:
Starting at the mouth of the Saginaw River – just east of the channel of the island-at 4:00 PM, no sooner! Please stop by the BCYC by 3:45 to pre-register, if not already completed. Boats out fishing prior to that time on contest day, will have to return to the starting point and have wells/cooler examined by another boater. Let’s keep this friendly and avoid these types of hassles. All boats will have to be in by 8:00 PM sharp- to the starting point -or weights will be cut in half. Weigh-in will commence immediately at the BCYC, just NORTH of the Patterson Road DNR launch.
Rules:
1. Entry Fee Each week is $40 per boat.
2. Payout is 80% of nightly entry fees, 15% kept for highest running total over all nights the tournament is ran paid on last night of tournament. Largest fish and heaviest basket(#1 basket) of 5, will each get 35%, 2nd basket will get 20%, and 3rd basket will get 10% of nightly payout. No payout will be larger than $300. If slated to be higher, then payout will start at $300 and go down, adding more places to pay.
3. A Team can win both the #1 basket and big fish.
4. The number of boats participating may be limited by tournament directors.
5. Maximum of 6 lines/rods per boat. No limit to the number of occupants (min 2).
6. Each boat will weigh up to 5 fish for nightly basket total.
7. There will be a big fish prize each night; the big fish cannot be entered in the basket catch. You figure out how you are going to weigh and sort 6 fish and in what combination.
8. There will be a running total for each week for up to 6 fish and this running total contest will be paid on the final night – June 27.
9. Participants are expected to follow the highest standards of courtesy, safety, angling etiquette, and a strict adherence to game and fish laws. All Michigan Fishing regulations apply.
10. Teams must be declared at the first event fished by a boat – This is to identify running totals. At least one member of the original team must be present to add to the running totals of the original team.
11. BCYC and Tournament Directors assume no liability with tournament program or activities.
12. If high winds/waves are present, tournament may be conducted in the Saginaw River or cancelled. We will use weather data from 1&2 and experience to make the call. Safety is our top concern.
13. Only BCYC members are allowed to utilize BCYC boat launch, no exceptions. BCYC has memberships and docks available to those interested. We will be guests of the BCYC, please respect the premises. The gate will be open for weigh-in.
14. Upon registration, each boat will be given a laminated sheet with a number on it to identify the boat or team. Please have this readily available when leaving or returning at the mouth.
15. Prior to any team fishing their first night, all teams must pre-register by completing the registration and sign this acknowledgement of rules and release of liability.
16. If needed – to limit the number of boats, teams fishing previous weeks will have the priority.
17. Rules of the program are subject to change, to enhance the program.
18. Tournament directors have the right to terminate any team for any reason in the competition.
19. Radio communication is allowed, channel 69 will be standard tournament channel.
20. Email- miagron@aol.com , cell phones of director 989-245-9945 – leave message if not answered
Liability Release- In signing this agreement, I hereby release the Walleye Mavericks, BCYC, its associates, its employees, its sponsors and their agents from any and all damages, claims, demands, costs or expenses relating to injuries, death, theft, fire, or any loss of any persons or property which I may sustain and/or which I may cause by reason of participating in or in the connection with this tournament. I further release the Walleye Mavericks group, for all damages relating to the adverse weather conditions while participating in this tournament. It is my responsibility to seek safety should adverse and/or unforeseen weather conditions occur (prior to, during, or after the tournament). I signify by my signature that I have read, understand, and agree to the above.
Signature______________________________ Date_________________
Printed Name___________________________
Address________________________________
City, State, Zip__________________________
Email _________________________________
Cell Phone_____________________________
Notes on Tournament
• Meet at Buoys 23/24 at 4 pm and 8 pm to check in and out with Team Number
• Channel 69 on radio will be monitored
• If you have motor/boat problems please announce on the radio immediately. Or call Scott at 989-245-9945.
• You must be at the river by 8:00 pm, IF you are more than 5 minutes late you will lose 10% of all weights, if you are more than 10 minutes you lose 50% of weights, and if more than 15 minutes late you will lose 100% of weights.
• Once you check in at the mouth, feel free to trailer your boat and come to BCYC to weigh in or stop in at BCYC to do a dock drop for a quick weigh in.
• Weekly results will be posted at www.openairmavericks.com
• Tournament officials shall have sole absolute final decision to resolve any and all disputes, arguments, or concerns that may arise.
• Cancellation due to weather will be made at 3 p.m. on Sunday. Weather data from noaa bouy 1 will be used for Northern winds, small craft advisory is automatic cancellation.
• Good Luck Fishing
An Otsego County District Court Judge says the DNR’s law prohibiting supplemental feeding of deer is “too vague”, and she’s dropped a case against a guy charged with violating that law.
It’s not known yet if this decision will be appealed or how it will affect enforcement of the law.
Here’s that decision….
STATE OF MICHIGAN
IN THE 87-A DISTRICT COURT FOR THE COUNTY OF OTSEGO
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff,
vs. File No: 09-5978969-ST-3
KENNETH CHARLES BORTON
Defendant.
___________________________________/
KYLE T. LEGEL
Prosecuting Attorney
WM PAUL SLOUGH
Attorney for Defendant
___________________________________/
Opinion and Order Dismissing Case
At a session of the Court held in the Courthouse
in the City of Gaylord, County of Otsego, State
of Michigan this 7th day of April, 2010.
PRESENT: HONORABLE PATRICIA A. MORSE, DISTRICT COURT JUDGE
The State of Michigan (Plaintiff) has alleged that Kevin Borton (Defendant) illegally fed deer in Otsego County, a closed county.
Defendant Borton asks this Court to dismiss these charges for two reasons:
1. There are insufficient facts alleged to support the commission of a crime.
2. The statute is void for vagueness.
This Court denies Defendant’s motion for the first reason stated, that there are insufficient facts alleged. This is a misdemeanor case and the Court cannot review the sufficiency of facts prior to trial. Defendant has demanded a jury, and it is up to the jury to determine whether the Plaintiff proves the allegation beyond a reasonable doubt.
The Court may entertain a motion for a directed verdict after the Plaintiff presents his proofs. It is premature to bring a motion to dismiss before Plaintiff presents any evidence.
This Court grants Defendant’s motion to dismiss for the second reason stated, that the statute is void for vagueness. The statute prohibits feeding deer but has an exception for feeding birds. Defendant claims his activity falls under that exception. The following analysis does not determine whether Defendant is right or wrong.
This Court must decide whether the statute is clear enough so that a bird feeder of average intelligence will know whether he or she is violating Michigan law.
Void for Vagueness Doctrine
A statute may be challenged for vagueness on the grounds that it:
• Is overbroad, impinging on First Amendment freedoms, or
• Does not provide fair notice of the conduct proscribed, or
• Is so indefinite that it confers unstructured and unlimited discretion on the trier of fact to determine whether an offense has been committed.
Woll v Attorney General 409 Mich 500, 533, (1980) citing Grayned v Rockford, 408 US 104 (1972).
This Court does not identify any First Amendment issues in this matter, but finds that the statute does not give fair notice and confers unlimited discretion.
Fair Notice
In this case, the statute prohibits feeding deer in the Lower Peninsula by
…depositing, distributing, or tending of feed in an area frequented by wild, free-ranging white-tailed deer or elk. Deer or elk feeding does not include any of the following: (a) Feeding wild birds or other wildlife if done in such a manner as to exclude wild, free-ranging white-tailed deer and elk from gaining access to the feed. MCL 324.40101 (emphasis added).
The statute is ambiguous by using the words frequented and exclude. Would the average bird watcher know how many times a deer or elk must be observed near the bird feeder before he or she must exclude these animals from access? If the bird watcher decides that deer frequent the area near the feeder, how does he or she successfully exclude these animals from all access?
The statute clearly intends to allow bird feeding, but only in some places and by some methods. It is not clear where and how.
Discretion
Not only bird watchers, but also Department of Natural Resources and Environment (DNRE) officers must interpret the meaning of the statute. They must respond to complaints about illegal deer feeding. They must rely on reports from hunters or neighbors who object to any congregation of deer or elk near bird feeders. This invites unlimited discretion in enforcement.
If a citation is issued, the fact finder must determine how often is frequent and does exclude mean incidental access or an absolute bar. If the legislature meant an absolute bar, it could have been prescriptive as to how that must be accomplished. Then bird watchers, DNRE officers, and fact finders would know what is required.
This statute as drafted gives no guidance as to where and how to exclude wild animals from foraging near bird feeders. It leaves too much room for selective enforcement. It allows fact finders to rely on subjective criteria to determine criminal liability.
For these reasons, this Court finds that MCL 324.40102 (9) (a) is unconstitutionally vague and declines to enforce it.
Defendant’s Motion to Dismiss is granted.
Date: _____________________________ _______________________________
Patricia A. Morse
87-A District Court Judge
Here’s a great opportunity to send an American hero on a hunt in Texas…
Casey Bauer Memorial Hunt
You can hear Scott DeVuyst and me talk about the event this weekend on the Outdoor Magazine radio show.
We took advantage of the beautiful weather yesterday and fished Saginaw Bay for walleye. Our plan was to troll stickbaits off inline planer boards in the shallow water near a warm water discharge. We thought that area would be loaded with post spawn fish chasing minnows attracted to the warmer water.
Surprisingly, the action was slow there…in part because of the crystal clear water in places. We were able to catch one very large white bass though. The fish is seventeen inches and more than two pounds…a solid master angler catch.
Master Angler White Bass
This is eight year old Trent’s second Master Angler fish in just nine months. Last summer he caught a beautiful walleye that was one of the largest entered in Michigan’s catch and release master angler program last year.
Trent's Walleye
After catching that big white bass we moved over to the mouth of the Saginaw River, anchored up and jigged for walleye dropping back into the Bay. We caught a few nice fish using that technique.
Couple nice walleye
Any time you can catch fish on open water in shirt sleeves on April 1st, it’s a good day….and this was one of the best.
I’ve been hearing a lot of rumors about the Michigan DNR‘s plans to bring back baiting for deer in the lower peninsula. Those rumors include lifting the ban completely, limiting the quanity of bait involved and allowing only certain types of feeders (broadcast style).
The most interesting option I’ve been hearing is that the Department is going to institute a “baiting license”. Supposedly that system would allow biologists to keep track of how much bait would be used and also allow the DNR to make money off the situation.
I haven’t given much credence to any of those comments, especially since wildlife chief Russ Mason told me on the Outdoor Magazine radio show last year that “baiting is a bad idea”.
However, the frequency and volume of the baiting comments has been increasing, so I checked with the DNR’s PR person, Mary Detloff. She told me via email there’s “no truth to any of it”.
I believe Mary and Director Mason. They’ve given me no reason to doubt those statements. At this point the Department is basing it’s reputation on the decision to ban baiting because they say it can cause disease in whitetails. To contradict that at this point would destroy any credibility they have.
In the meantime it seems clear a good percentage of Michigan deer hunters want baiting to come back. As long as that’s true, I don’t expect the rumors to go away anytime soon.
Here’s a news release from the Michigan DNRE dated 3/8/10…
Bovine Tuberculosis Prevalence in Deer Unchanged in 2009
A total of 31 white-tailed deer tested positive for bovine tuberculosis
in 2009, the Department of Natural Resources and Environment announced
today.
No elk tested positive for the disease.
In Deer Management Unit 452, the core area of concern, 1.9 percent of
deer tested for TB were infected, the same percentage as in 2008.
Elsewhere in the five-county tuberculosis zone, .4 percent of deer
tested a positive a slight, but statistically insignificant, increase
from .3 in 2008.
No TB-positive deer were found in Iosco or Shiawassee counties, where
infected deer have been found in the past.
Although the trend continues to show a statistically decreased
prevalence of infection since TB was discovered in the deer herd 1995,
prevalence is flat over the last five years, said DNRE wildlife
veterinarian Dr. Steve Schmitt.
“We’re kind of in a holding pattern,” Schmitt said. “We
haven’t been able to gain any ground in the last five years. Unless
we change our strategy, we may maintain the current level of
transmission for the foreseeable future.”
In 2009, one captive cervid herd tested positive for TB.
The DNRE is committed to the conservation, protection, management and
accessible use of the state’s environment, natural resources and
related economic interests for current and future generations.
OK, so now I’m confused.
Last fall the Michigan DNR sent out news releases encouraging anybody with a valid hunting license to shoot feral hogs. There’s no doubt free ranging hogs can cause a lot of damage to habitat. In fact, many southern states have been decimated by wild pigs. Because of that, it makes sense for hunters to shoot them…and with the DNR’s encouragement, I was ready to do so if I got the chance.
So when I heard about proposed legislation to institute a feral hog season in Michigan, I viewed it as a way for politicians to get their name in the news. In fact, I went off on a rant about it on this weekend’s Outdoor Magazine Radio show. After all, if it’s already legal, why do we need the bureaucracy of a new season? I would also be reluctant to raise wild pigs to the status of a “game animal” for fear of where that might lead.
I just read a blog by MUCC’s Dave Nyberg though, that has me very frustrated. According to Nyberg, shooting feral hogs is still illegal in fifteen Michigan counties. If that’s the case, why did the DNR encourage hunters last fall to do it?
FOR IMMEDIATE RELEASE
Feb. 11, 2010
Contacts: Steve Schmitt 517-336-5040 or Mary Dettloff 517-335-3014
No Chronic Wasting Disease Detected in Deer in 2009 in Michigan
The Department of Natural Resources and Environment found no traces of
chronic wasting disease in deer tested in 2009.
“That’s good news,” said DNRE Veterinarian Steve Schmitt. “We
haven’t found anything since 2008 when we found that positive deer in
a captive facility. But you can never really give up the testing. You
always have to be on guard.”
Chronic Wasting Disease (CWD), an always fatal neurological disorder of
the deer family, was found in a white-tailed deer in privately owned
facility in 2008 in Kent County. The DNRE began wide-scale testing for
the disease with mandatory testing of all deer taken from the
nine-township area immediately surrounding the infected facility.
The department tested a total of 1,134 deer in 2009, including 937 from
Kent County – 790 of them from the nine-township area. All tested
negative.
“Since 1998, the DNRE has tested more than 32,000 deer, 1,000 elk and
50 moose and we haven’t found anything,” Schmitt said.
Despite the finding, Schmitt said it is important that the DNRE
continue the mandatory testing in the nine-township area.
“CWD is a like a terrorist attack,” Schmitt said. “It’s one of
those things you always have to guard against.
The DNRE is committed to the conservation, protection, management and
accessible use of the state’s environment, natural resources and
related economic interests for current and future generations.
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