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MANIMAL



Joined: 08 Jun 2012
Posts: 242
Location: Manchester

PostPosted: Sun Apr 14, 2013 3:55 pm    Post subject: Need advice for a buddy who got a fishing ticket today Reply with quote

He drove up to an unmarked pond and was the only one there - DEEP pulled up and ticketed him, he said he looked up the pond on the CT Anglers guide and it wasnt listed so he thought he was ok to fish it

The DEEP worker said he'd never heard the pond called what my buddy knew it as, the DEEP guy said it didnt have a name he always just knew it by a nickname but it is fed by a stream that is stocked ( unknown to my buddy )


can my buddy fight this and plead not guilty and win? even the ticket calls the pond by a name that isnt listed in the Angler's Guide


what can my buddy do? He was fishing, kept no trout, never had an infraction before, and the DEEP worker said the pond really has no name anyway - how was he to know he couldnt fish it?




Thanks for any and all advice - there are many here much wiser than I so I told him Id check with all of you and gain from your knowledge and experience
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Michael



Joined: 28 Jan 2012
Posts: 3823
Location: Bridgeport

PostPosted: Sun Apr 14, 2013 4:21 pm    Post subject: Reply with quote

The pond is fed by a stream that is stocked with trout. That means that the trout in the stocked stream can get into that pond.

DEEP told me that even though they only stock 1 pond at Twin Brooks Park, all ponds are connected by brooks that eventually goes to the Pequonnock River, which means I can't fish all other ponds while trout season is closed.
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MANIMAL



Joined: 08 Jun 2012
Posts: 242
Location: Manchester

PostPosted: Sun Apr 14, 2013 5:53 pm    Post subject: Reply with quote

that I understand but I wonder

Because the DEEP officer wrote a name down for
The body of water and the name doesn't exist on
The off limits list in the anglers guide can my buddy plead
Not guilty and get off on a technicality having to do with
Being accused of fishing a body of water that doesn't exist?

The DEEP officer admitted he didn't know the name of the pond
He knew what he always called it but wrote down the name
Of the stream as the pond name..... But wrote river


Cedar swamp stream feeds into the UN named pond

Ticket states Cedar swamp RIVER / cedar swamp pond


Neither of those names appear on anglers guide
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NorthEastFisherman



Joined: 27 May 2012
Posts: 582

PostPosted: Sun Apr 14, 2013 7:24 pm    Post subject: Reply with quote

Well the pootatuck river flows into lake zoar and you cant fish places on the pootatuck til opening season yet you can fish lake zoar. Theres also pond brook that flows into lake lillinonah and you cant fish pond brook yet you can fish lillinonah so i dont see why you cant fish that pond. Unless its like a huge pool that has a river flowing from both sides.
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Stevius86



Joined: 12 Apr 2012
Posts: 165
Location: Ellington

PostPosted: Sun Apr 14, 2013 7:49 pm    Post subject: Reply with quote

Sounds like he could fight it to me but I'm not DEEP expert
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MANIMAL



Joined: 08 Jun 2012
Posts: 242
Location: Manchester

PostPosted: Sun Apr 14, 2013 8:04 pm    Post subject: Reply with quote

With neither river or pond name on the off limits
List... And the DEEP guy said he wasn't gonna confiscate gear
Because my buddy was harmless, never a prior offender

And he also suggested new places to fish... I think the
Officer had to write a ticket because the tip line was called

But when the officer can't even tell ya the name of the place
U are being cited at how are you supposed to consult
The no fishing list on the anglers guide ya know?

My buddy is gonna go Not Guilty

Ill let ya know how it turns out
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PECo



Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT

PostPosted: Mon Apr 15, 2013 1:37 pm    Post subject: Reply with quote

Yes, your buddy should fight the ticket. If the name of the lake or pond written on the ticket does not appear in the regulations pertaining to "Closed Seasons", the ticket is invalid on its face. I'm surprised that the DEEP Conservation Officer (aka CO) was such a Richard about it. I'd like to know what name for the lake or pond he wrote on the ticket. In any case, here's the relevant regulation regarding "Closed Seasons" for Connecticut lakes and ponds:
Quote:
(b) Lakes and Ponds. There shall be no closed season for fishing lakes and ponds, except as provided below.

(1) The closed season for fishing in the following lakes and ponds shall be from midnight on October thirty-first through 6:00 a.m. on the third Saturday in April.

Angus Parks Pond (Eastbury Park Pond), Glastonbury Batterson Park Pond, Farmington, New Britain Beaver Park Lagoon, New Haven
Bicentennial Pond (Mansfield Town Pond), Mansfield Godfrey Pond, Stonington
Green Falls Reservoir, Voluntown
Hewitt Flyfishing Pond (Gallup Pond), North Stonington
Mohegan Lake, Fairfield
Pistol Shop Pond, Middlefield
Prospect Park Pond, Prospect
Shenipsit Reservoir, Ellington, Tolland, Vernon
Tollgate Ponds, Greenwich
Wononscopomuc Lake, Salisbury. Fishing hours shall be from 6:00 a.m. to 9:00 p.m. prevailing time.

(2) The closed season for fishing in the following lakes and ponds shall be from midnight on the last day of February through 6:00 a.m. on the third Saturday in April.

Alexander Lake, Killingly
Allen Brook Pond (Wharton Pond), Wallingford Ball Pond, New Fairfield
Barber Pond, Bloomfield, Windsor
Bashan Lake, East Haddam
Baummer Pond, Naugatuck
Beach Pond, Voluntown and Rhode Island
Beachdale Pond, Voluntown
Beaver Brook Ponds (Upper and Lower), Windham
Bigelow Pond, Union
Billings Lake, North Stonington
Black Pond, Meriden, Middlefield
Black Pond, Woodstock
Black Rock Flood Control Impoundment, Watertown
Blanchard Pond, New Canaan, Wilton
Branford Supply Ponds, Branford
Broad Brook Mill Pond, East Windsor
Brookfield Pond, South Windsor
Cedar Lake, Chester
Clarks Pond, Hamden
Clarktown Pond, Orange
Cobbs Mill Pond, Weston
Colebrook Flood Control Impoundment, Colebrook, and Massachusetts Day Pond, Colchester
Dayton Pond, Wallingford
Disbrow Pond, New Fairfield
Dodge Pond, East Lyme
East Twin Lake, Salisbury
Enders Pond, Granby
Factory Pond, Redding, Wilton
Fitchville Pond, Bozrah
Fort Shantok Pond, Montville
Fountain Lake, Seymour, Ansonia
Freshwater Pond, Enfield
Gardner Lake, Salem, Montville, Bozrah
Gay City Park Pond, Hebron
Gills Pond, Berlin
Hallville Pond, Preston
Hancock Brook Flood Control Pool, Plymouth
Hanover Reservoir, Canterbury, Sprague
Hewitt Pond (Lower Hewitt Pond), North Stonington
Higganum Reservoir, Haddam
Hop Brook Flood Control Pool, Middlebury
Hopeville Pond, Griswold
Horse Pond, Salem
Howells Pond, Hartland
Johnson's Pond, Bolton
Keney Park Pond, Hartford
Lafayette Pond, Somers
Lake Stibbs, Southbury
Lake Wintergreen, Hamden
Lantern Hill Pond, Ledyard, North Stonington Little Pond, Thompson
Long Pond, Ledyard, North Stonington
Lower Storrs Pumping Station Pond, Mansfield
Mad River Flood Control Impoundment, Winchester Mansfield Training School Ponds, Mansfield Mashapaug Lake, Union
Millers Pond, Durham
Millers Pond, Ridgefield
Mohawk Pond, Cornwall, Goshen
Moosup Pond, Plainfield
Mt. Tom Pond, Morris, Litchfield, Washington Naubesatuck Lake, Mansfield, Chaplin, Windham Nells Rock Reservoir, Shelton
Northfield Brook Flood Control Pool, Litchfield Norwich Pond, Lyme
Pages Millpond, North Branford
Paine Pond, Ashford
Pataconk Lake (Russell Jennings Pond), Chester Picketts Pond (Osborndale State Park), Derby Roseland Lake, Woodstock
Saint Martha's Pond, Enfield
Salmon Brook Pond, Glastonbury
Sawmill Park Pond, Ledyard
Schreeder Pond (Chatfield Hollow Pond), Killingworth Shaw Lake (Hayward Lake), East Haddam
Silvermine Pond, New Canaan
Somersville Mill Pond, Somers
Southford Falls Pond, Oxford, Southbury
Starret Pond (Huntington Park Pond), Redding Stillwater Pond, Torrington
Stratton Brook Park Pond, Simsbury
Taftville Reservoir, Norwich Tankerhoosen Lakes, Vernon Tungsten Mine Park Pond, Trumbull Twin Brooks Park Pond, Trumbull Tyler Pond, Goshen
Uncas Lake (Hog Pond), Lyme
Upper Fulton Park Pond, Waterbury
Valley Falls Pond, Vernon
Wangumbaug Lake (Coventry Lake), Coventry
Wards Millpond, Branford
Wauregan Reservoir (Quinebaug Lake), Killingly
West Branch Reservoir (Hogback), Hartland, Colebrook West Side Pond, Goshen
Woodruffs Pond, Hamden
Wyassup Lake, North Stonington

(3) The closed season for fishing in the following lakes and ponds shall be as specified.

Bunnells Pond (Beardsley Park Pond), Bridgeport. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April.
Great Hollow Pond, Monroe. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April.
Isinglass Reservoir (Far Mill Reservoir), Shelton. From midnight on December thirty-first through 6:00 a.m. on the third Saturday in April.
Lake Chamberlain, Bethany. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April.
Lake McDonough (Compensating Reservoir), New Hartford, Barkhamsted. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April. Fishing hours shall be from 5:00 a.m. to 9:00 p.m. prevailing time, except opening day when fishing shall start at 6:00 a.m.
Lake Saltonstall, Branford, East Haven. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April.
Maltby Lakes (#1, #2, #3), Orange West Haven. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April.
Mohegan Park Pond, Norwich. From midnight on November thirtieth through 6:00 a.m. on the third Saturday in April.
Saugatuck Reservoir, Easton, Redding, Weston. From midnight on December thirty-first through 6:00 a.m. on the third Saturday in April.
Shelton Reservoir #2, Shelton. From midnight on December thirty-first through 6:00 a.m. on the third Saturday in April.
Simsbury Town Park Ponds, Simsbury. From midnight on June fifteenth through 6:00 a.m. on the third Saturday in April.
West Pequonnock Reservoir, Monroe. From midnight on December thirty-first through 6:00 a.m. on the third Saturday in April.

(4) Children's Ponds. The closed season for fishing in the following posted children's ponds shall be from midnight on November thirtieth through 6:00 a.m. on the third Saturday in April, except as specified.

Backwater Brook Pond, Thompson Beachland Park Pond, West Hartford
Butternut Pond, East Windsor. Open season 6:00 a.m. third Saturday in April through October thirty-first.
City Hall Pond, Milford
Clark Pond (Besse Pond), Torrington
Edgewood Park Pond, New Haven
Factory Pond, Salisbury
Fernridge Park Pond, West Hartford
Gould Manor Pond, Fairfield
Helen Keller School Pond, Easton
Hyde Park Pond, Glastonbury
Hurlburt Pond, Putnam
Katz Pond, Trumbull
Lilly Pond, Thompson
Lower Fulton Park Pond, Waterbury
McGovern Pond, West Hartford
Mill Pond, Newington
Mill Woods Park Pond, Wethersfield
Mirror Lake (Hubbard Park Pond), Meriden
North Street Pond, Milford
Orange Park Pond, Orange
PSochrin Pond, Seymour
Stanley Quarter Pond, New Britain Stroh Pond, Windsor
Washington Park Pond, Windsor

(5) Trout Management Lakes. The closed season for fishing in Trophy Trout Lakes listed in section 26-112-46 shall be as specified therein.

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Michael



Joined: 28 Jan 2012
Posts: 3823
Location: Bridgeport

PostPosted: Mon Apr 15, 2013 2:52 pm    Post subject: Reply with quote

I'm surprised I don't see the name Twin Brooks Park Pond on the list Phil!

They've been stocking 1 of the ponds for a while now and a CO from a CT fishing site told me I can't fish any other ponds at the park while trout season is closed because of all ponds being connected by brooks that lead to the Pequonnock.
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anointed130



Joined: 28 Apr 2009
Posts: 592
Location: Hartford,Ct\Springfield, MA

PostPosted: Mon Apr 15, 2013 3:50 pm    Post subject: Reply with quote

It's on there Michael under Trumbull twin parks
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Can i be a fisher of fish too?

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Michael



Joined: 28 Jan 2012
Posts: 3823
Location: Bridgeport

PostPosted: Mon Apr 15, 2013 3:56 pm    Post subject: Reply with quote

anointed130 wrote:
It's on there Michael under Trumbull twin parks


I see it now Thanks
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MANIMAL



Joined: 08 Jun 2012
Posts: 242
Location: Manchester

PostPosted: Mon Apr 15, 2013 9:31 pm    Post subject: Reply with quote

found out that the ticket says Cedar Swamp Pond/River - guy decided to name it himself even though he said it doesnt have a name and he always referred to it as The Pink Ravine ( wtf )


DEEP officer said that he stocks the trout into the un named pond but the Cedar Swamp Stream is on the list as a no fish zone, even though he stocks fish into the pond, not stream



a stream and a river are not the same by any stretch and the ticket says cedar swamp pond/river - how can you designate a dual spot to be busted at? especially when there is no cedar swamp pond or cedar swamp river in mansfield


buddy sent ticket in and is gonna fight it


coupled with the fact that he was friendly and the deep officer was friendly back, was told no gear was gonna be taken, and was even told where to go fishing after - seems like he has a fighting chance - stay tuned i guess
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sbehuniak09



Joined: 10 Jul 2012
Posts: 229
Location: Seymour, CT

PostPosted: Mon Apr 15, 2013 11:54 pm    Post subject: Reply with quote

Today Ryan and I had a similar experience and it makes your buddy's all the more odd.. We were fishing what we thought of as Bone Mill Pond (maybe the same place your buddy was?) and we each caught a trout or two. Surprised both of us.. After a short while, we took off because we both wanted to catch bass. After I leave, I see a truck in my rearview and it follows me all the way into the parking lot for Ryan's dorm. Guy gets out, introduces himself as "Officer x" and asks if we were fishing that place. We said yeah, and were informed that it is closed until Opening Day. Apparently that pond is one of the 3 places listed in the Angler's Guide as "Cedar Swamp Brook." He said that someone called in a complaint and he was following it up. Despite the fact that he followed us all the way back to campus and got a call, he let us both off with a warning when we (truthfully) said we had no idea that it was closed. Couldn't have been a nicer guy which makes me all the more curious about why your buddy got a ticket..
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MANIMAL



Joined: 08 Jun 2012
Posts: 242
Location: Manchester

PostPosted: Tue Apr 16, 2013 6:09 am    Post subject: Reply with quote

That's the place yup
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PECo



Joined: 06 Oct 2009
Posts: 5203
Location: Avon, CT

PostPosted: Tue Apr 16, 2013 12:20 pm    Post subject: Reply with quote

Quote:
26-112-44. Closed seasons
(a) Streams. The closed season for fishing in streams shall be from midnight on the last day in February through 6:00 a.m. on the third Saturday in April, except as provided below:

Cedar Swamp Pond Brook is not "provided below" as one of the exceptions to this regulation.
Quote:
(a)"Streams" means all rivers, streams, brooks, creeks, and their flood waters, including temporary and seasonal pools resulting therefrom, and all coves, lagoons and canals contiguous thereto, but does not include that portion of impounded bodies of water on rivers, streams, brooks and creeks listed by the Secretary of State as a lake, pond or reservoir.

So, the relevant factual issue is whether the pond your buddy was fishing is "listed by the Secretary of State as a lake, pond or reservoir." I took a look at Cedar Swamp Pond Brook on this map:

http://cteco.uconn.edu/map_catalog/maps/town/ProtOpenSpace/ProtOpenSpace_Colchester.pdf

Was your buddy fishing in Red Cedar Lake or is the pond part of Cedar Swamp Pond Brook's "flood waters, including temporary and seasonal pools resulting therefrom, and all coves, lagoons and canals contiguous thereto"? If so, he might be out of luck.
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MANIMAL



Joined: 08 Jun 2012
Posts: 242
Location: Manchester

PostPosted: Tue Apr 16, 2013 3:14 pm    Post subject: Reply with quote

Problem is..... My buddy was fishing in Mansfield

This pond has no marker or sign
No way to even tell if it is on a list or not
The pond has no name
the DEEP officer wrote a mad eup name for an unnamed pond - he even said he wasnt sure of th ename - just that he personally stocked the pond so he knows its off limits



ridiculous to expect anyone to know its an off limit pond when the pond has no name, no sign, not on a list
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