So just a little bit of info before I give you the story. I have been hunting and fishing in Texas my entire life. My Dad always taught me to be legal, always have license, make sure of the size of fish, etc. and I have done everything in my power to pass these same things along to my son, who is now 14 and cannot seem to get enough fishing. So lately I have been taking him all over Corpus, yesterday we just happened to be fishing off the Jetties at the Packery Channel.

My 14 year old son was in charge of putting tape on my Rod to mark 15" so when I catch a Speckled trout (and 20" for Reds, etc.) we can quickly measure.

So I caught a Speck yesterday and we measured it with my rod, was close but about half an inch over the tape, so I threw it in the ice chest. At this point I'm sure you can guess what is coming. Game warden came by measured the fish and it was 13.5". (My son obviously put the tape at 13"). In spite of my sob story he wrote me a ticket.

So all of that leads me to the questions about what happens next? Obviously, I have a court date and will be attending that. The game warden said that there are "Civil Restitution" fees to be paid separately from the court fees. I have searched online and there is very little information about these fees. One article I read said that a 14" trout would cost you $88, but the article was about 3 years old. Is this not information that is available to the public? I found some rather hefty fees in regards to deer, etc. but obviously these don't pertain to me. Any idea of what I might be looking at here? I figure about a hundred bucks for court and a hundred bucks for Civil Restitution. Any other thoughts?

First time Criminal here

Not wanting to come across as a smart a**, but minimum length for red drum is 20 inches. Better check that tape as well.

Yes, edited

13.5"? That's pretty short. Sounds like there was a lesson learned by both. I'd think that 3 year old article would still be pretty close. Sorry I don't have more info on this.

I guess I thought I would get more sympathy here. I honestly thought the guy was gonna let me go with a warning. It's not like I was knowingly keeping a ton of undersized fish. Expensive lesson

Game Wardens are taught to be consistent, not give sympathy unless you were under extreme circumstances. Lesson learned and move on. You are obviously not a poacher and I sympathize for the lesson I am sure your son just received in the importance of measurements.

You will look back on this as your son gets older and has his own kids go fishing with you two and you can laugh about how their dad messed up his measurements and got you a ticket. Enjoy the time with your son.

This is probably the proper perspective, thank you for that

Not to beat a horse when it's down, but those Game Wardens (and most other LEOs) hear a sad story pretty much every time they catch a violator. Their job is to cite violators, not permit everyone with a story to walk on violations. Your job is to make sure you are in compliance with the regulations. The court's job is to determine guilt or innocence, and to assess punishment. I don't know how your JP's Office is, but you may find that the court will not be as hard on you as it could, since you were apparently not trying to cheat the system when you committed the violation. Good luck with it. As JJ4MEL stated above, eventually you will have a good laugh over the event. And you probably won't ever make the same mistake again......

yeah, one ticket my whole life..
on the jetties about 10 years ago while in Port A
Hadn't planned on fishing but a buddy was there and had an extra rod and said "let's go"
ok!

Well, along comes the GW checking licenses.. no big deal.. I always buy the super combo..
I didn't have my license with me, he calls it in, and he says this is hunting only.

I screwed up and the ONE time I get checked and wasn't properly licensed.
Got the ticket, fixed the problem, sent a letter to the judge explaining what happened

No luck, pay the man!

I put fish marks on my rods. The lower slot marks are very much on purpose at a half inch over. The the upper slot marks are very much on purpose at a half unch under. If i feel like its too close i dont keep em.... 99% i dont measure. They are either clearly legal or they go back.

...OK …. more important question ---- what bait were you catching the specs on ?

Instead of spending time googling fines, call the JPs office.

“Civil Restitution

In addition to the criminal penalty for hunting and fishing violations, the department will seek the civil recovery value for the loss or damage to wildlife resources. The civil restitution cost is payable to Texas Parks and Wildlife Department. Failure to pay the civil recovery value will result in the department's refusal to issue a license, tag or permit. Hunting or fishing after failing or refusing to pay civil restitution is a Class A misdemeanor punishable by a $500 - $4,000 fine; punishment in jail (not to exceed one year); or both. For questions call (512) 389-4630.”

https://tpwd.texas.gov/regulations/...s-regulations/laws-penalties-restitution

I can easily tell a that a 13.5” Trout isn’t a keeper just by looking at it, no measuring required. Just by looking at a fish, my guess will be within a half inch on any fish’s measured length.

Yup. This is why the GW didn't issue a warning. 13.5" is not close.

Typical fisherman

We began using Shad my son caught with a cast net but when we ran out we started using Saltwater Assasins (white with silver tail). They hit them pretty good. By the way, re-did all of my rod tape last night. No more mistakes for this guy. Lesson learned

Make sure your son goes with you. Pay the cost, do not plea "his fault".. teach the son the valuable lesson to be learned, not how to blame. In the end, it is not his fault, it was yours. The judge and everyone else will appreciate the lesson as well.

R

Amen brother.

To the OP, you're not likely to get alot of sympathy. But for many of us a ticket was our learning curve, and so alot of us do understand. I still remember my embarrassment at getting cited for fishing without a license some years ago. It happens, just learn from it.

great point

FYI - I was not meaning to blame. While I have not gotten a ticket, accidents happen. That was what this was. Let us know how it goes and tell your son, we are all rooting that you both get back to fishing and never have another incident.

R

BTW......Don't depend on those "rulers" that are embossed on Coolers either. Also make sure you measure the fish the Right way.

Measuring fish can always get you in trouble if you don't do it right. The most common error is to measure the fish with the mouth open instead of closed. The Texas Parks and Wildlife indicates an angler should "Place the fish on its side with the jaw closed." I recently saw an angler get a citation for possessing fish he measured incorrectly. As far as the restitution goes, that will depend on the judge.

Don't need to keep a ton..One fish is all it takes for ticket time.

$177.59 paid to the court online. It's not worth my time to miss work for that and actually having to go to court. Like I said, expensive lesson

Yup, but you won't make that mistake again, guaranteed..... so, it bites, but there are worse things.

Now, go enjoy your fishing.

R

Thanks for posting the follow-up. That will help us all be more informed in the future.

Civil restitution is a BS deal. It is a way for the state to bilk you of extra money above and beyond the actual penalties.

After Watching North Woods Law, just be glad you were in TX. In the NE they might have impounded your vehicle, confiscated all your rods and gear, and sentenced you to jail time.

Google Chris Fried, the game warden who was poaching deer illegally, I don't remember him having to pay any civil fines. If you go to court I would bring up his case since laws are based on precedents.

https://www.statesman.com/news/2016...n-admits-breaking-law-but-holds-onto-job

can happen here too.

https://tpwd.texas.gov/regulations/...s-regulations/laws-penalties-restitution

Penalties

If you violate fish and wildlife laws, you may:

be fined for misdemeanors
Class C - $25-$500
Class B - $200-$2,000 and/or 6 months in jail
Class A - $500-$4,000 and/or 1 year in jail;

be fined for state jail felonies ($1,500-$10,000 and/or up to 2 years in jail);

face automatic suspension or revocation of licenses for up to five years; and

forfeit hunting gear, including firearms, used to commit a violation.

Okay, so I just wanted to update this thread so if anyone else ever wonders what a Speckled Trout is worth. Instead of taking off of work and going to court I just paid the fine, which was $177 If I recall correctly. About a month later I get a letter in the mail from TPWD letting me know that Civil Restitution fees are $76.87. And if I wish to pay within 30 days of the letter (how nice of them), then it will be $61.50. Just in case anybody wanted to know what a Speck is worth to the state of Texas. So bottom line approaching $300 in total fines

Did the fish die? If it was still alive on the stringer when the GW checked, and you were able to release it then I would argue that the civil restitution does not apply.

I've heard some horror stories about civil restitution fines to deer poachers. Basically they look at the prices a high fence outfitter may charge and use that as a basis of the fine. A big buck may end up costing $20K.

I tend to agree with you