#217456 - 11/04/03 05:34 PM
Re: Target Coho,When Only Steel Open.Ethical?
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It all boils down to this - I'm right, everyone else is wrong, and anyone who disputes this is clearly a dumbfuck.
Registered: 03/07/99
Posts: 16958
Loc: SE Olympia, WA
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Like I said, let them convince a judge that holding a fish is "posessing" it.
_________________________
She was standin' alone over by the juke box, like she'd something to sell. I said "baby, what's the goin' price?" She told me to go to hell.
Bon Scott - Shot Down in Flames
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#217459 - 11/04/03 07:54 PM
Re: Target Coho,When Only Steel Open.Ethical?
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Dick Nipples
Registered: 03/08/99
Posts: 27838
Loc: Seattle, Washington USA
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Taking a picture of a non-retainable fish illegal?
I call BS on that one. Every fish that is landed and released is temporarily "possessed" by the fisherperson. The proposed rule would only prohibit removing such a fish from the water, not holding it in the water for a pic, similar to how oversize sturgeon fishers do.
I hope I don't ruffle anyone's feathers here, but there is a group of attorneys in Washington called the Attorney General's Office. They not only represent all the state agencies, including WDFW, but their opinion on the legality or illegality of acts coming within the purview of a certain agency is the only one that matters, until a judge decides.
I know Mr. Jacoby to be a good man, one who is dedicated to his job, which he has held for a long time. However, he does not have opinions about the legality or illegality of WDFW regulations that carry any legal weight.
I'm not saying he's definitely wrong (though my opinion is that he is), I'm just saying that if you want to get an answer that carries any weight, request that WDFW sends the question over to the AGO, or contact the AGO directly.
That being said, how can holding a fish that must be released for a picture possibly be unlawfully possessing a fish? What about when you hold it by the tail to unhook it? Illegal? How 'bout when you use a fancy pants CNR net to land a native steelhead in a river where native steelhead release is in effect? Illegal? What about a walleye or bass that must be measured to determine if it is indeed of legal or size or not? Can this measurement possibly be done without "possessing" the fish under Mr. Jacoby's definition? What about measuring a crab, or "possessing" a female crab to take it out of your pot? Or a razor clam, or any other clam with a size limitation?
I could list similar scenarios ad nauseum, and they would continue to get more and more ridiculous until the whole idea must be abandoned.
Whew...sleep deprivation and a morning of catching a few dozen silvers has got me pretty wired up, after two thermoses of coffee!!
Fish on...
Todd.
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Team Flying Super Ditch Pickle
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#217460 - 11/04/03 08:47 PM
Re: Target Coho,When Only Steel Open.Ethical?
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Spawner
Registered: 01/17/02
Posts: 672
Loc: AUBURN
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gettin snapper, i would like your home phone number, so i can call ya and come out that way for some fishing with ya..
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#217461 - 11/04/03 09:04 PM
Re: Target Coho,When Only Steel Open.Ethical?
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It all boils down to this - I'm right, everyone else is wrong, and anyone who disputes this is clearly a dumbfuck.
Registered: 03/07/99
Posts: 16958
Loc: SE Olympia, WA
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Well said Todd. The legal ramifications of such a ruling would border on the ridiculous.
I wonder if Mr. Jacoby thought about a Gamie's legal rights to even look at your camera. They can't look in your dope-filled film canister because it's not being used to harvest or conceal fish or game. IMO a camera fits the same description.
I would hope that once WDFW's legal team looks at it, they'll see that it's nothing more than an effort to pave the road to hell with good intentions.
A good rule in theory, maybe, but it would surely become a legal can of worms.
_________________________
She was standin' alone over by the juke box, like she'd something to sell. I said "baby, what's the goin' price?" She told me to go to hell.
Bon Scott - Shot Down in Flames
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