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Re: Flat Head - Released
[Re: Searsay]
#12253191
05/19/17 02:59 PM
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Joined: Jul 2012
Posts: 325
Searsay
OP
Angler
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OP
Angler
Joined: Jul 2012
Posts: 325 |
So to answer some of what/how people have responded
1) reported first - GW said they had no resources due to another situation (it was a quasi-rural area) and that if what i was saying (and pics)were true I should release the fish & disable or remove it as i saw fit. See statement about being pissed as to why i disabled the way i did. He did take coordinates and say he would start checking the lake for similar rigs in the future.
2) I've run into hundreds of throw, jug, trot-lines - most i completely ignore (it is after all someone else's line). Really the only time I've touched them is when I've accidentally snagged them when drifting/free-lining myself - and then only to get my line free. Out of the 10-15 I've snagged on in the last 5yrs+ I've been in TX - that is the first one that was blatantly illegal. Some have had worn tags, a hook to many or similar... but meh as long as your generally following the rules I don't run around doing this. In fact that set is the first and only time I've reported (and then removed fish and disabled).
3) Yes that is a porta-bote - i do a lot of rural/tent camping (though this time we were not camping)- and usually kayak - when i go with others who are not comfortable on the water i take the porta-bote. So it lets me lug a mess of camping gear and a reasonable boat on one trailer.
Last edited by Searsay; 05/19/17 03:05 PM.
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Re: Flat Head - Released
[Re: Searsay]
#12253783
05/19/17 09:36 PM
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Joined: Jun 2016
Posts: 7
fence
Green Horn
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Green Horn
Joined: Jun 2016
Posts: 7 |
I don't believe you. Going from your Op it seems your story has changed. I would be quite intrested in knowing the name of the gw that deputized you. As well as the county and water body. If your being truthful.....why not?
If it was up to me I'd put in jail every scruffy bearded sandal wearing wierdo that burns the American flag.... But I am not king Supreme court justice Scalia
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Re: Flat Head - Released
[Re: fence]
#12253994
05/20/17 12:39 AM
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Joined: Sep 2005
Posts: 27,571
Uncle Zeek
aka "Dad"
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aka "Dad"
Joined: Sep 2005
Posts: 27,571 |
I don't believe you. Going from your Op it seems your story has changed. I would be quite intrested in knowing the name of the gw that deputized you. As well as the county and water body. If your being truthful.....why not? Y'know, I don't often say something like this, but will do so here. Given your long association with the TFF and your extensive pattern of thoughtful, contributing posts, I see no need for the OP to justify himself to you. While I'm not yet an attorney, I'm also not a complete fool either. Please explain how it's unlawful to clean up untagged trash on a public water body.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate planning & tax attorney 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 mobile zac@artimlegal.com
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Re: Flat Head - Released
[Re: Uncle Zeek]
#12254034
05/20/17 01:05 AM
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Joined: Jun 2016
Posts: 7
fence
Green Horn
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Green Horn
Joined: Jun 2016
Posts: 7 |
I don't believe you. Going from your Op it seems your story has changed. I would be quite intrested in knowing the name of the gw that deputized you. As well as the county and water body. If your being truthful.....why not? Y'know, I don't often say something like this, but will do so here. Given your long association with the TFF and your extensive pattern of thoughtful, contributing posts, I see no need for the OP to justify himself to you. While I'm not yet an attorney, I'm also not a complete fool either. How do You post pics here.? Please explain how it's unlawful to clean up untagged trash on a public water body. Thanks for the welcome zeek. My name is fence and I live near lampasas. Fishing for large catfish primarily in the Colorado river is a passion of mine. Rod and reel and I release most all of what I catch . I also raise channelxblue hybrids in my tanks. I admit I mostly lurk, mostly comparing my observations with lynns calender. I find it quite interesting. What the Op removed was not simply trash. To make that claim is simply ridiculous. If the line was as he stated it was evidence. He did not have the authority to make the judgement on wether it was legal, illegal, or trash. It would be akin to chasing down a speeding car and cutting the tires. I do not believe that he called the gw. So I called bu11shyyyt. You have your opinion and I have mine. I do believe Texas law shares mine. How do you post pics here?
Last edited by fence; 05/20/17 01:21 AM.
If it was up to me I'd put in jail every scruffy bearded sandal wearing wierdo that burns the American flag.... But I am not king Supreme court justice Scalia
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Re: Flat Head - Released
[Re: Searsay]
#12254743
05/20/17 06:45 PM
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Joined: Sep 2005
Posts: 27,571
Uncle Zeek
aka "Dad"
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aka "Dad"
Joined: Sep 2005
Posts: 27,571 |
Just got off the phone with the Denton county game warden because this was bugging me. He said there is no statute or regulation regarding the removal of an illegal trotline or jugline by a private citizen, although there is a statute that allows law enforcement to do so with immunity from a lawsuit. The trotline owner could sue a private person for trespass to property or something similar, but judges typically don't find in favor of a person doing something illegal (imagine a drug dealer suing a customer who didn't pay him, think the judge will award him his money?).
However, the GW DID draw a great big distinction between tampering with someone's legally set fishing gear as opposed to removing abandoned fishing gear (trotlines, juglines, gillnets, etc) from the water and destroying them. The fact that a trotline is unmarked (no gear tags of any kind) can be evidence that it's abandoned, but is not conclusive in itself, and is mostly a judgement call by the individual. He also pointed out that someone who is willing to set illegal fishing gear in violation of law is quite possibly willing to commit other crimes e.g. assault & battery.
So, no simple black and white answer. The upshot of this that I took away was that if I get an unmarked trotline wrapped in my motor or tangled with my fishing line, and it gets damaged or destroyed in the process, it's probably ok to remove it & dispose of it. But if it's got a gear tag I need to put it back in the water, or alternatively contact the line owner from the number on his gear tags & let him know what happened.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate planning & tax attorney 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 mobile zac@artimlegal.com
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Re: Flat Head - Released
[Re: Searsay]
#12254788
05/20/17 07:42 PM
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Joined: Sep 2014
Posts: 220
jmh004
Outdoorsman
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Outdoorsman
Joined: Sep 2014
Posts: 220 |
So basically, both sides of the argument have a case?
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