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#12280811 - 06/06/17 09:10 AM (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas
SharkBaitTV Offline
Pro Angler

Registered: 08/06/12
Posts: 983
Loc: Texas, Earth, Milkey Way
"My very CLEAR question to TPWD and their very CLEAR response. It is a violation of the law, EVEN BOW FISHING, to retain gar, buffalo, carp, etc. without the intent to consume or use as bait. It is not legal to kill them with the intent to bury them on your land. They even request that Operation Game Thief be called if this activity is witnessed.
Straight from the regulations department at TPWD.
"Oh, but a game warden told me it was OK" This does not change the law. Game Wardens do not make law, and they sometimes don't even know the law. Just because it's not enforced, does not mean it's legal. You're just breaking a law and getting away with it."

"Lawful Archery Equipment
Lawful archery equipment includes longbow, recurved bow, compound bow and crossbow
May be used to take NONGAME fish only.
Any fish that is edible or can be used for bait (includes all gar species, common carp and buffalo) may not be released back into the water after being taken with lawful archery equipment. See Waste of Fish."

"Waste of fish
It is unlawful to leave edible fish or bait fish taken from the public waters of the state to die without the intent to retain the fish for consumption or bait."

"Sec. 66.011. LEAVING FISH TO DIE. A person commits an offense if the person leaves edible fish or bait fish taken from the public waters of this state to die without the intent to retain the fish for consumption or bait."


[img]https://scontent-dft4-3.xx.fbcdn.net/v/t...amp;oe=59E07F6A[/img]
[img]https://scontent-dft4-3.xx.fbcdn.net/v/t...amp;oe=599E6705[/img]


Edited by SharkBaitTV (06/06/17 09:11 AM)
_________________________
"Conservation is the preservation of life on earth, and that, above all else, is worth fighting for."

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#12280868 - 06/06/17 09:43 AM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
RedRanger Offline
burro desagradable

Registered: 08/20/03
Posts: 22808
Loc: Frisco, Texas
TPWD has two sets of rules.

The rules the general public must follow

Then the rules they get to follow.
_________________________




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#12281122 - 06/06/17 11:54 AM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
PKfishin Offline
Extreme Angler

Registered: 09/28/12
Posts: 2632
Loc: Texas
who says Gar or carp are edible. This is exactly why people loath the government.
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John 21:3 Simon Peter saith unto them, I go a fishing. They say unto him, We also go with thee.

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#12281126 - 06/06/17 11:57 AM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: PKfishin]
Uncle Zeek Online   content
"Good News, Everyone!"

Registered: 09/26/05
Posts: 19631
Loc: Lewisville
Originally Posted By: PKfishin
who says Gar or carp are edible. This is exactly why people loath the government.


Texas law defines them as edible.

Common carp were originally introduced as a food fish throughout America. I've eaten carp a couple of times. Can't say that I prefer it, but it will do to make fish patties or 'crab cakes'.
_________________________
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein, 1952

I can't give legal advice yet, but this site may have some of the answers you need: https://texaslawhelp.org/

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#12281372 - 06/06/17 01:50 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: grout-scout]
SharkBaitTV Offline
Pro Angler

Registered: 08/06/12
Posts: 983
Loc: Texas, Earth, Milkey Way
Originally Posted By: grout-scout
lol, someone needs to get a job; because they have way too much free time on their hands.


what makes you think i dont have one?
_________________________
"Conservation is the preservation of life on earth, and that, above all else, is worth fighting for."

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#12281386 - 06/06/17 01:55 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
fouzman Offline
Methuselah

Registered: 01/20/09
Posts: 45888
Loc: Houston, TX
How about you post a complete copy of the official TPWD response. What you posted, other than definitions from the handbook and one portion of a code doesn't prove any of that came directly from TPWD as a response to your question.
_________________________
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.

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#12281388 - 06/06/17 01:56 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
grout-scout Online   content
TFF Celebrity

Registered: 12/08/08
Posts: 6410
Loc: Boerne, Texas
Nevermind Shark, job well done sir. thumb

I agree, that if people are breaking the law then they should be fined. I'll argue on one of your gar threads instead. smile


Edited by grout-scout (06/06/17 01:58 PM)

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#12281391 - 06/06/17 01:57 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: fouzman]
Uncle Zeek Online   content
"Good News, Everyone!"

Registered: 09/26/05
Posts: 19631
Loc: Lewisville
Originally Posted By: fouzman
How about you post a complete copy of the official TPWD response. What you posted, other than definitions from the handbook and one portion of a code doesn't prove any of that came directly from TPWD as a response to your question.


He posted the email on the youtube video.
_________________________
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein, 1952

I can't give legal advice yet, but this site may have some of the answers you need: https://texaslawhelp.org/

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#12281396 - 06/06/17 02:00 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
fouzman Offline
Methuselah

Registered: 01/20/09
Posts: 45888
Loc: Houston, TX
I don't click many youtube videos on the www. Thx, Zeek.

fwiw, I believe the code cited is poorly written and easily contested. I also believe it was added to keep people from throwing bow-shot fish back in the lake. How can the Warden prove "intent"?

The fish died. I didn't intend for it to.
_________________________
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.

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#12281430 - 06/06/17 02:14 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: fouzman]
SharkBaitTV Offline
Pro Angler

Registered: 08/06/12
Posts: 983
Loc: Texas, Earth, Milkey Way
Originally Posted By: fouzman
I don't click many youtube videos on the www. Thx, Zeek.

fwiw, I believe the code cited is poorly written and easily contested. I also believe it was added to keep people from throwing bow-shot fish back in the lake. How can the Warden prove "intent"?

The fish died. I didn't intend for it to.


you believe and TPWD knows...its the law follow it or change it.
_________________________
"Conservation is the preservation of life on earth, and that, above all else, is worth fighting for."

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#12281436 - 06/06/17 02:16 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
fouzman Offline
Methuselah

Registered: 01/20/09
Posts: 45888
Loc: Houston, TX
I know that many of the laws in the TPWD code are very vague. How can intent be proven Sharkbait? Hey, I'm with you. I can't stand to see a pile of fish with holes in them next to the boat ramp.

Have you any proof that folks have been cited for this and the citation was upheld by the court/JP?
_________________________
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.

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#12281438 - 06/06/17 02:18 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
SharkBaitTV Offline
Pro Angler

Registered: 08/06/12
Posts: 983
Loc: Texas, Earth, Milkey Way
hmm i would think lack of ice on a boat would entail lack of intent to use as bait as well as the involvement of putting tractors on trailers to dispose of the fish
_________________________
"Conservation is the preservation of life on earth, and that, above all else, is worth fighting for."

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#12281449 - 06/06/17 02:22 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
fouzman Offline
Methuselah

Registered: 01/20/09
Posts: 45888
Loc: Houston, TX
Now you're the one thinking or believing.

Again, Have you any proof that folks have been cited for this and the citation was upheld by the court/JP?
_________________________
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.

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#12281473 - 06/06/17 02:36 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
COFF Offline
TFF Guru

Registered: 08/22/06
Posts: 11494
Loc: Carrollton
Just for the sake of argument...

What if a person takes a truckload of gar and carp and buries them in their corn field. They are being used to grow corn, which is then eaten. Is that legal according to the TPWD definition?
_________________________
"The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance."

-Marcus Tullius Cicero, 63 BC

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#12281499 - 06/06/17 02:54 PM Re: (TPWD Responds) Its Illegal to Dump or Bury Fish in the State of Texas [Re: SharkBaitTV]
SharkBaitTV Offline
Pro Angler

Registered: 08/06/12
Posts: 983
Loc: Texas, Earth, Milkey Way
no using fish for fertilizer is not legal in the state of Texas
_________________________
"Conservation is the preservation of life on earth, and that, above all else, is worth fighting for."

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