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QUOTE (xiaolu @ Mar 10, 2023 - 09:09 pm)
QUOTE (sabmgb @ Mar 10, 2023 - 01:16 pm)
xiaolu, you are correct, but i'd always go with throwing it back, as you can argue that you are keeping with Rule B. If you keep it to go with Rule A, the CO can argue that you intentionally killed the fish just to keep it,
Agree.
My point is, the fishing regulations are law. And with any law, there shall be no contradiction nor any ambiguity. If there is any EXCEPTION to any clause in the law such EXCEPTION must be cleared specified in the law. Something like:
It is illegal to leave a dead fish in water EXCEPT/UNLESS IT IS AN OUT OF SEASON FISH.
Its pretty clear if you read the regs. If the fish is legal to keep and would not survive you must keep it and add it to your limit. If the fish is not legal to keep you must release it immediately even if its dead. No confusion at all.
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QUOTE (finsfurfeathers @ Mar 18, 2023 - 07:50 pm)
QUOTE (xiaolu @ Mar 10, 2023 - 09:09 pm)
QUOTE (sabmgb @ Mar 10, 2023 - 01:16 pm)
xiaolu, you are correct, but i'd always go with throwing it back, as you can argue that you are keeping with Rule B. If you keep it to go with Rule A, the CO can argue that you intentionally killed the fish just to keep it,
Agree.
My point is, the fishing regulations are law. And with any law, there shall be no contradiction nor any ambiguity. If there is any EXCEPTION to any clause in the law such EXCEPTION must be cleared specified in the law. Something like:
It is illegal to leave a dead fish in water EXCEPT/UNLESS IT IS AN OUT OF SEASON FISH.
Its pretty clear if you read the regs. If the fish is legal to keep and would not survive you must keep it and add it to your limit. If the fish is not legal to keep you must release it immediately even if its dead. No confusion at all.
That is the correct intent and interpretation of the CO I talked to.
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I would add that catching an out of season fish, taking a photo and releasing is still Illegal. Holding the fish for a photo is recognized as Possession by a C.O..
DuFf
This post has been edited by Duff on Apr 15, 2023 - 09:43 am
Out of season fish caught PLEASE PUT IN OUTDOORS S, Hook goes deep what to do
