Ice Fishing Laws in Michigan

By: G. Sal Gani of the GANI LAW FIRM

It’s almost that time of year again. Before you know it we will have our first person sink a pickup truck in some lake. They say that the definition of insanity is doing the same act over and over, and expecting a different result. The laws of physics and science haven’t changed in decades- don’t drive on the ice until it is thick enough. Did you know that most vehicles insurance policies exclude a “loss claim” to a vehicle while on frozen lakes! Higgins Lake and Torch Lake are two of the lakes that freeze over for ice fishing, so do your safe checking.

Can you believe that the DNR is boasting that we have approximately 146 types of fish in our great lakes state? Some say it is even more.

Don’t forget some of the very basics such as (a) get your license, (b) no more than three rods per licensed person, (c) use legal bail, and (d) follow all varying rules depending on the area you fish. I suggest you monitor the DNR Website on a regular basis because the administrative rules and regulations can change frequently.

Absolutely Illegal:

(a) Transporting non-native or genetically engineered fish is subject to up to a $10,000.00 fine;

(b) Catching fish only for their roe;

(c) Taking mussels from any Michigan waters;

(d) Exceeding your limit;

(e) Leaving your ice shanty on frozen waters overnight without your name and address written on all exterior walls using letters at least two inches high by paint or letters on the structure, no signs or plates are permissible;

(f) Interfering with another angler while fishing;

(g) Failure to remove your overnight shanty on the differing dates may result in fines of up to $500.00 per day and up to 30 days in jail.  If the state has to remove your shanty it can charge a fine and up to three times the cost of removal.

Must you allow an officer to search your shanty without a search warrant?

You can make the legal argument that your shanty is deserving of the same constitutional protection of a tent or your temporary home.  Law enforcement may make the argument that your ice shanty is a structure you slide onto the ice for the sole purpose of shielding you from the wind and cold.

Unfortunately there is no clear cut answer. Each case will be determined on its own facts. An officer must have probable cause to search without your consent. There are exceptions to a search without a warrant. If you consent to a search, you waive your constitutionally protected rights. However, courts have more often sided with law enforcement if the officer has “probable cause” to believe a crime, or evidence of a crime, was contained within the shanty justifying a warrantless search.  In a case where an officer standing outside your shanty can see, hear, or smell evidence of a crime, commonly referred to as “Plain View”, he or she might receive support in the court to the argument of an exception to a warrantless search. If there is an outstanding warrant for your arrest, even for child support, a search may be reasonably permissible of your person and your immediate surroundings. In a case where an officer bursts into your shanty without reason, and finds evidence of a crime, a Court might favor your right to privacy.

The greater you demonstrate your expectation of privacy, the greater your chance is of being free from a warrantless search. I was once presented with the question of whether or not it was illegal to do what two consenting adults might do if they were in the confines of their own home…use your own imagination. Believe it or not, both could possibly be charged with felony obscene conduct if their adult conduct was remotely visible to a person walking by or passing by on their snowmobile. There is no separate set of statutes that apply to conduct simply because you are over a frozen pond. The laws would similarly apply if any of the above conduct was witnessed in a boat.

Moral of the story? Get outdoors this winter and enjoy. Fish safely and legally. Should experience any negative encounter, or receive any violation notice, please contact attorney G. Sal Gani at (517) 372-8944 to consult with an experienced attorney for a legal opinion. I encourage you to also visit our web site at ganilaw.com.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.