Below is TPWD's reply copied directly:

When we examine the law,

Texas Parks & Wildlife Code, 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.

As there is a segment of the public that enjoys angling for rough fish, I would suggest they have a value beyond fertilizer. Some of the public actually enjoys consuming what others say are rough fish.

In light of this, I would say your described practice is a violation of 66.011.

Mike Mitchell
Assistant Commander Game Warden
Law Enforcement Division, Austin
Texas Parks and Wildlife Department
michael.mitchell@tpwd.texas.gov
www.tpwd.texas.gov/warden

I would like to say, there is confusion within the ranks because I stand by what I was told on the phone from Haltom City. However, you are correct that it is the luck of the draw as far as whether or not a citation will be issued. It doesn't get much more black and white than what is stated above.
I do thank you for the debate, because it drove me to dig deeper into the issue.

There's a huge number of Carp/Roughfishermen that don't post publicly, and the sport is only growing!

Glad you managed to get a reply and posted it here even though it went against your argument.

All that said, I am still confused how tournaments can be sanctioned with organizations such as the TBA (which has been around forever) and continue to operate as they do if the law is clear cut. Bottom line, it's not. Or it's simply not enforced. At any rate, the information is great to have. I will continue to bowfish and enjoy the sport as I have for years. I'll still shoot the occasional tourney. It's all good.
Good luck in your fishing, whatever the method or species.

I appreciate you posting the reply that you received. I agree that there is either some confusion in the ranks, or it's a matter of whether or not it's being enforced by the Game Warden assigned to the area. On another note, it's a good thing for the bowfishermen that they didn't enforce the law at the Toledo Bend tournament. According to the website, if i'm reading it correctly, waste of game is classified as a Class C misdemeanor which carries a fine of $25-$500 per occurrence. Depending on how it was enforced, that could have potentially been a very hefty fine.

Bottom line is that it's up to us as sportsman to know the laws and abide by them. If you don't know, ask. Never assume what you have seen or heard is true, because at the end of the day it's your wallet that will pay the fine if they decide to enforce it and you will have no grounds for an appeal when the law is in writing.

I wish you the best of luck on your fishing as well, and hopefully we all can learn something from these debates.

Well played gentleman.

And go figure another part of our government where the left hand doesn't know what the right is doing.

So they can be used for bait ? Hogs will eat anything

How about you and multi provide documented evidence that bow fishing hurts or desimates populations of rough fish. Alligator gar not included.
You guys always want the people that are bow fishing legally to provide information yet you are the ones opposing it.the burden is on you.

Brother, I think you better read the rest of the thread.....
I am WAY pro bowfishing. I just got an answer from TPWD I didn't like, but made a promise to post it up. I believe bowfishing is extremely beneficial to the lakes and go out and bowfish almost as much as I fish for bass.
That said, I was surprised at TPWD's response in writing on the subject. If you read the rest of the thread I called TPWD in Haltom City and told that I was fine using rough fish as fertilizer. There is some confusion on the laws.

9094 I don't keep this around for bird watchin'!!

Toaster, I don't think his comment was directed at you. He was quoting me.

9094,

Before you accuse me of making claims with no evidence, I suggest you go back and read the entire thread so that you understand what the debate was about.



I never made claims that bowfishing hurts or decimates populations of rough fish. I don't actually think that it does. I think it could possibly select for smaller fish, but I don't think it actually hurts populations of rough fish in large water bodies. This is why I have a problem with bowfishermen making claims that they are helping the lake by removing rough fish, especially when there is no evidence to support that statement based on TPWD studies.



You are correct, but If you are going to claim that native rough fish are bad for our lakes to justify shooting thousands of them at a bowfishing tournament and then illegally dump them, then the burden of proof should be on the bowfishermen. If you read back through the posts, you will see that the TPWD has agreed that dumping fish, on private property, is illegal. So when you say that we are asking people that are Bowfishing legally, technically you are wrong.



I've stated multiple times that I don't have an issue with bowfishing. The sport itself is not bad. I have a problem with people breaking the law killing fish just for the thrill of it without the intent of eating it or using it as bait. I kill carp and use them for bait. I've accepted carp from bowfishermen before and stored them in my freezer for use at a later date. Personally, I'm not concerned about bowfishing making a difference in the population. I don't care if you go out and shoot 1000lbs of fish tonight, as long as you have enough people to eat it or enough freezer space so that you can utilize your kill as the law states.

Is there anything I have stated in this thread that you would like me to provide supporting documentation for?

Yea, you're right slim. Sorry 9094.

Happykamper, they make EXCELLENT coyote bait as well...�.
Never have seen a hog come up to it yet.

I still don�t think a game warden, when enforcing the law as it is written, is going to see leaving a huge pile of fish for �coyote bait� as legal, but that�s your risk to take.