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Re: is it really illegal to run someones lines?
[Re: Trapper]
#2322142
06/01/08 07:24 AM
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Joined: Jul 2006
Posts: 3,739
lawmann
TFF Team Angler
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TFF Team Angler
Joined: Jul 2006
Posts: 3,739 |
After you look up THEFT in the Penal Code, I would then take a look at § 9.42. DEADLY FORCE TO PROTECT PROPERTY. Good luck proving theft for an object you have never possessed. You will find yourself with a needle in your arm if you rely on that. I hate to see people provide information like this. Someone with little knowledge of the subject may believe it and kill someone over a fish. Here is the proper statute than can be applied by the game warden. Special attention to c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife. http://tlo2.tlc.state.tx.us/statutes/docs/PW/content/htm/pw.005.00.000062.00.htm#62.0125.00
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Re: is it really illegal to run someones lines?
[Re: lawmann]
#2322226
06/01/08 08:20 AM
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Joined: Apr 2003
Posts: 10,620
chuckwagon
TFF Guru
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TFF Guru
Joined: Apr 2003
Posts: 10,620 |
Please allow me to point out another not-so-well-known law of trotline rules and regulations...... It says, to wit.........."Be ye therefore known to all trotliners, bassers, carpmen and worm dunkers everywhere: It shall be an offense and considered punishable if any fisherman owns, possesses, borrows, carries, displays or otherwise comes in contact with a "yellow handled Barlow knife", said knife having two blades with small blade honed down to such keenness as to have the ability to cut cleanly through quarter inch staging line or less." "Furthermore, any fisherman that is apprehended with the above hardware will be considered in violation of Chumbucket Law 90387.6 and responsible for all fines, court fees and jail time that ensues." This is a little-known law and often overlooked by even the most conscientious flinger of baits or stirrer of chum!
****Sun sinking low....lines baited.....gentle south breeze blowing...you realize.........I AM! .
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Re: is it really illegal to run someones lines?
[Re: Mako-Wish]
#2322332
06/01/08 09:17 AM
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Joined: Aug 2005
Posts: 3,444
albertking
TFF Team Angler
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TFF Team Angler
Joined: Aug 2005
Posts: 3,444 |
but im not quite convinced it illegal to take a fish off someone elses lines. the fish doesnt belong to the person. the fish in texas belong to the public, and the water it is set on belongs to the public. the only thing that belongs to the person is the line itself, making it illegal to A) cut it (vandalism) or B)remove it(theft)
i really dont think its illegal to touch anything (not illegal to touch somone's car as you walk past in the parking lot), and its not illegal to take the fish off it, cause it doesnt belong to the owner of the line until it is in that person's possession.
think about that for a minute...
this is crazy ... once the fish gets on a line, the fish belongs to the person who owns the line ... you really can't be serious here ... or can you?
regards albertking catfishing is now an industry ... it's best for the industry to eat baby catfish
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Re: is it really illegal to run someones lines?
[Re: Sigmar]
#2322340
06/01/08 09:20 AM
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Joined: Aug 2005
Posts: 3,444
albertking
TFF Team Angler
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TFF Team Angler
Joined: Aug 2005
Posts: 3,444 |
Ok your talking about legality and not ethics. I'm just throwing a guess in but if you removed a fish from a legal trotline then yes thats theft, probably a form of poaching. If you remove a fish from a illegal line then it still is probably illegal because now your using an illegal device. Whether the line is legal or not the best thing is don't touch it. I would rather not go through the hassle and expense in court to be proven right. If you think its illegal call the warden and let him remove it. Ok I took the time to read the regs on tagging. "TAG REQUIREMENTS: Must be used with a valid GEAR TAG (see pg. 32). properly-marked buoys or floats qualify as valid gear tags. Gear tags must be attached within 3 feet of the first hook at each end of the trotline and are valid for 30 days after date set out" So the only way for someone to know if a line is properly tagged is to pull it up (NO I'm not advocating to do this nor would I)So all this is a moot point as you shouldn't be messing with someone elses property. wow sigmar ... 2 great posts ... & you took the time to read the regs ... i am impressed ... good job!!!!!
regards albertking catfishing is now an industry ... it's best for the industry to eat baby catfish
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Re: is it really illegal to run someones lines?
[Re: albertking]
#2322349
06/01/08 09:32 AM
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Joined: Jul 2006
Posts: 3,739
lawmann
TFF Team Angler
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TFF Team Angler
Joined: Jul 2006
Posts: 3,739 |
but im not quite convinced it illegal to take a fish off someone elses lines. the fish doesnt belong to the person. the fish in texas belong to the public, and the water it is set on belongs to the public. the only thing that belongs to the person is the line itself, making it illegal to A) cut it (vandalism) or B)remove it(theft)
i really dont think its illegal to touch anything (not illegal to touch somone's car as you walk past in the parking lot), and its not illegal to take the fish off it, cause it doesnt belong to the owner of the line until it is in that person's possession.
think about that for a minute...
this is crazy ... once the fish gets on a line, the fish belongs to the person who owns the line ... you really can't be serious here ... or can you? Actually it was a very good question. I posted above why it is unlawful to take a fish from another persons line but if it were not for that statute, everyone would SOOL. It may be your line but it's not your lake and it's not your fish until you possess it. Luckily, there is already a statute to protect anglers from being interfered with while fishing.
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Re: is it really illegal to run someones lines?
[Re: lawmann]
#2322544
06/01/08 12:16 PM
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Joined: May 2008
Posts: 132
Mako-Wish
OP
Outdoorsman
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OP
Outdoorsman
Joined: May 2008
Posts: 132 |
After you look up THEFT in the Penal Code, I would then take a look at § 9.42. DEADLY FORCE TO PROTECT PROPERTY. Good luck proving theft for an object you have never possessed. You will find yourself with a needle in your arm if you rely on that. I hate to see people provide information like this. Someone with little knowledge of the subject may believe it and kill someone over a fish. Here is the proper statute than can be applied by the game warden. Special attention to c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife. http://tlo2.tlc.state.tx.us/statutes/docs/PW/content/htm/pw.005.00.000062.00.htm#62.0125.00 theres a legit answer. i think thats as close as we are gonna come to a clear explanatation. this whole topic was posted cause i felt there was a loophole in the laws. your above post gets the point i was trying to make " its not your fish cause cause its hooked on your line." it would be considered interference though. kudos. and yes, albert king, i was serious
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Re: is it really illegal to run someones lines?
[Re: Trapper]
#2322569
06/01/08 12:28 PM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
After you look up THEFT in the Penal Code, I would then take a look at § 9.42. DEADLY FORCE TO PROTECT PROPERTY. First off the fish is still public property until properly landed... Second off DEADLY force does not apply to property outside of your home or vehicle. The use of deadly force is only justified in the case where you or your family are threatened. So if you would like a charge of Murder in the first degree with the possible risk of death penalty PLEASE feel free to continue making your childish threats.
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Re: is it really illegal to run someones lines?
[Re: lawmann]
#2322577
06/01/08 12:31 PM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
After you look up THEFT in the Penal Code, I would then take a look at § 9.42. DEADLY FORCE TO PROTECT PROPERTY. Good luck proving theft for an object you have never possessed. You will find yourself with a needle in your arm if you rely on that. I hate to see people provide information like this. Someone with little knowledge of the subject may believe it and kill someone over a fish. Here is the proper statute than can be applied by the game warden. Special attention to c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife. http://tlo2.tlc.state.tx.us/statutes/docs/PW/content/htm/pw.005.00.000062.00.htm#62.0125.00 The KEYWORDS in this is LAWFULLY, and noone has even remotely talked about removing legal devices.
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Re: is it really illegal to run someones lines?
[Re: albertking]
#2322583
06/01/08 12:33 PM
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Joined: Apr 2007
Posts: 1,984
Michial Thompson
Extreme Angler
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Extreme Angler
Joined: Apr 2007
Posts: 1,984 |
but im not quite convinced it illegal to take a fish off someone elses lines. the fish doesnt belong to the person. the fish in texas belong to the public, and the water it is set on belongs to the public. the only thing that belongs to the person is the line itself, making it illegal to A) cut it (vandalism) or B)remove it(theft)
i really dont think its illegal to touch anything (not illegal to touch somone's car as you walk past in the parking lot), and its not illegal to take the fish off it, cause it doesnt belong to the owner of the line until it is in that person's possession.
think about that for a minute...
Albert you are absolutely wrong, it does not belong to anyone UNTIL it is properly landed. this is crazy ... once the fish gets on a line, the fish belongs to the person who owns the line ... you really can't be serious here ... or can you?
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Re: is it really illegal to run someones lines?
[Re: Michial Thompson]
#2322730
06/01/08 01:47 PM
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Joined: Apr 2008
Posts: 7,129
Chuck7700
TFF Celebrity
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TFF Celebrity
Joined: Apr 2008
Posts: 7,129 |
Only thing I will tell you is, if I catch you running my lines. Then your going to get several holes in your boat!! I carry a 410 snake charmer shot gun and BELEIVE ME, NEIGHBOR. I would shoot your boat. Like you said. Proove it was me that ROBBED YOUR LINES. Well proove it was me that shot up your boat and shunk it. I would just throw the gun in deeper water.
Last edited by chuck scroggins; 06/01/08 02:00 PM.
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Re: is it really illegal to run someones lines?
[Re: Chuck7700]
#2322763
06/01/08 02:03 PM
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Joined: May 2008
Posts: 132
Mako-Wish
OP
Outdoorsman
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OP
Outdoorsman
Joined: May 2008
Posts: 132 |
Only thing I will tell you is, if I catch you running my lines. Then your going to get several holes in your boat!! I carry a 410 snake charmer shot gun and BELEIVE ME, NEIGHBOR. I would shoot your boat. Like you said. Proove it was me that ROBBED YOUR LINES. Well proove it was me that shot up your boat and shunk it. I would just throw the gun in deeper water. really? you would shoot up someones boat over a catfish? just seems a little extreme. go to prison over a catfish? really?
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Re: is it really illegal to run someones lines?
[Re: Mako-Wish]
#2322816
06/01/08 02:37 PM
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Joined: Aug 2005
Posts: 3,444
albertking
TFF Team Angler
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TFF Team Angler
Joined: Aug 2005
Posts: 3,444 |
really? you would take a chance on getting your boat shot up over a catfish? just seems a little extreme. get holes shot in your boat over a catfish? really?
regards albertking catfishing is now an industry ... it's best for the industry to eat baby catfish
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Re: is it really illegal to run someones lines?
[Re: Jimbo]
#2322846
06/01/08 02:52 PM
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Joined: Aug 2005
Posts: 3,444
albertking
TFF Team Angler
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TFF Team Angler
Joined: Aug 2005
Posts: 3,444 |
When you are in Texas and take what isn't yours, it's called stealing!
well Jimbo i guess we are wrong ...a according to smart ones here it ain't stealing ... i know if MT speaks it's gotta be gospel Albert you are absolutely wrong, it does not belong to anyone UNTIL it is properly landed.
ain't you a hoot ... all your doing is repeating what somebody else done typed best not STEAL any of my fish just the same ... i'll give you just about anything i have if you ask BUT don't steal it
regards albertking catfishing is now an industry ... it's best for the industry to eat baby catfish
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Re: is it really illegal to run someones lines?
[Re: albertking]
#2322893
06/01/08 03:21 PM
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Joined: May 2008
Posts: 132
Mako-Wish
OP
Outdoorsman
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OP
Outdoorsman
Joined: May 2008
Posts: 132 |
really? you would take a chance on getting your boat shot up over a catfish? just seems a little extreme. get holes shot in your boat over a catfish? really? no, i wouldnt. read my earlier posts. i try to express that i dont do this, plan to do this, or condone doing this. im asking legality issues. not moral issues, or common sense issues. i run my own lines, catch my own fish. half the time i dont bother taking them home, i just release them or give them to some old timer at the boat launch. i have no desire to take someone elses fish, it just caught my interest with everyone talking about taking the law into their own hands.
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Re: is it really illegal to run someones lines?
[Re: Chuck7700]
#2322902
06/01/08 03:26 PM
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Joined: Feb 2008
Posts: 382
KrappyJig
Angler
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Angler
Joined: Feb 2008
Posts: 382 |
Only thing I will tell you is, if I catch you running my lines. Then your going to get several holes in your boat!! I carry a 410 snake charmer shot gun and BELEIVE ME, NEIGHBOR. I would shoot your boat. Like you said. Proove it was me that ROBBED YOUR LINES. Well proove it was me that shot up your boat and shunk it. I would just throw the gun in deeper water. OOOPPPSSSSS now with this admissable written quote of guilt one only has to review these notes to find evidence in more than one punishable offense
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