My last question to TPWDThe reason this is being asked is from the wording in the handbook on
p.29.
"Possession of Fish taken from Public Water
* Any fish caught must be taken by legal means and methods. Fish caught
and immediately
released are not considered to be in your possession. Any fish not
immediately released that
are retained by using any type of holding device such as stringer,
cooler, livewell, or bucket are
considered in your possession and must adhere to established protected
length and bag limits.
While fishing, it is illegal to be in possession of more fish than the
daily bag limit or fish that are
within a protected length limit."
This states that if a fish is retained in your livewell and not released immediately, it is part of your bag limit. A Game Warden told us this weekend that culling wasn't legal, but also wasn't enforced. Can this be worded differently in the upcoming handbooks?
TPWD answerThere is nothing in the regulations that prohibits culling (except those
site-specific exceptions that I mentioned in the previous message).
I see how the wording in the handbook could be interpreted in different
ways. However, we have had internal discussions in connection with
tournaments, and received the following guidance from the Colonel Game
Warden on September 27, 2006:
"While on the water, a person can continue to fish after he has caught a
daily bag limit for that species, but cannot exceed the daily bag limit
in his possession. Fish released while on the water will not be
considered part of the daily bag limit if released in a live condition.
Fish removed from the lake, river or stream is considered part of the
daily bag limit and possession limit."
And this on April 19, 1993:
"... when fishermen are actually fishing, they cannot possess more than
the daily bag limit for that particular species. If the fisherman is a
participant in a tournament where the fish are kept in live condition,
they have been weighed in and released, those fish are no longer part of
the fisherman's daily bag limit. That fisherman can then legally return
to the lake and catch another fish."
The sticky point, in a tournament situation, is where the weigh-in takes
place. If it isn't right at the water, the fish have been "removed" from
the lake or river, in which case they do get counted toward the daily
bag limit.
This IS splitting hairs to some extent. We know that bass caught in
tournaments and held for weigh-in suffer stress, and some will not
ultimately survive the ordeal. But fishing tournaments also benefit the
sport in many ways. We don't make exceptions to the law for tournaments,
but we can help clear up the details.
TPWD biologists have also been working with tournament organizers to
recommend best practices for keeping fish alive and healthy. In fact, we
had a news release about it this week:
www.tpwd.state.tx.us/newsmedia/releases/?req=20110615b Dyanne Fry Cortez
Inland Fisheries Division
Texas Parks and Wildlife Department