Can anyone explain to me the rules for incidental muskrat caught after the muskrat season while beaver trapping? Sure seams pretty cut and dry (pictured) in the regs. I caught a few last year while beaver trapping in late March on public lands, talked to a game warden at the time and he confirmed I get to keep them. Different game warden here today to register my recently caught Otter, she says I do NOT get to keep muskrat caught after the season IF caught on public lands. Private lands, no problem. She seized an incidental mink I caught yesterday in a 330 (which was expected) but also 2 recent rats (caught in 330's while beaver trapping) which I had already had put up. She was extremely nice, apologetic for the seizure and also answered several trapping related questions I had but convinced I should get to keep the rats. I'm not worried about the lost few dollars, I just want to better understand the dang rules!

Also, I'm setting the trigger wires straight down and offset from center on the 330's to avoid rats/mink yet I seam to catching plenty. Any better ways to avoid incidentals?

As far as I can tell there Isn't any distinction between catching rats on public or private. lands.
As long as those rats are caught while beaver trapping and with the use of beaver sized traps.

Why would it matter? Are private property muskrats any differnt than public?

Follow what ever the regs say

She is wrong if in fact you caught them in 330's or even 220's. Doesn't say anything about where they are caught. They are legal to keep. Make her show you the rule that says can't keep them from public land. Go get your rats back. Used to be you could keep mink, too.

Are you supposed to just discard the mink caught in a bever trap ?

Mink you are suppose to call/turn it in. always used to keep rats, had them in the truck in the subsidy days and never a word said. they weren't hidden.

In Michigan you carry a incedental tag, if you catch let's say a mink in a 330 after mink season but still beaver/otter season. You tag it and take it to the DNR

if you catch muskrats in the same 330 you can keep the first 10. After number ten, you tag them or move the trap

I carry a incidental tag all year, because I do ADC work and if I get an otter I tag it so it can go to the DNR. otherwise you have to take it out of your trap and leave it. I renew my tag before and after fur season

She's wrong. You can keep incidental rats caught in beaver sets.

You are correct.

I've been in email communication with the game warden and she has admitted her mistake and is returning the rats. Unfortunately they are likely ruined they were probably not fully dry as I had to pull them off of boards to give them to her. I really wished I had pushed the issue with her at the time but I'm fairly new to trapping and thought there was a chance I was mistaken on the rule.

Quite sure you have to pay for your mistakes. Fairness would dictate she pays for hers. Just sayin. After all there were damages?

Different wardens don't always see things the same way unfortunately.

True, but things are getting better. Running warden recruits through fur school is a big plus, IMO.

Yet another "uneducated" warden.

Not ment to be diragitory toward wardens just saying they don't always "know" the rules. Had a warden ride me about not wearing orange clothing while trapping during the late deer season and was going to write me a ticket. I said go ahead, I was trapping private land and no one has permission to be deer hunting so knew I was ok (I was wearing an orange hat). After over 30 minutes of harrassment I asked her to show me where it was written in the regulations as I had traps to run. She finally admitted it was just a safety issue and not "required". I thanked her for her concern and to have a nice day.

Those rats are legally yours.