Re: NANFA-- The unreliable nature of verbal permission ----- was: All this

Fri, 15 Dec 2000 08:51:42 -0600

That's a good point. Unfortunately most states don't have any written laws.
Which leaves everything open to the interpretation of the Law enforcement
person at stream side or the judge hearing the case. (Kind of like that
election thing, hey!) My suggestion is to get a copy of your states fishing
regulations and go by what they say. If they do not mention a specific
fish, then chances are a local DNR or other Law enforcement person, will
not be very interested in issuing a ticket. At the very least it will give
you the opportunity to plead ignorance. Last if your regulations do mention
"Minnows" or "Rough" fish, then consider every fish species, not
specifically mentioned , to be a Minnow or a Rough fish. It helps to have
these regulations on your person while collecting. You can also write a
letter asking specific questions and use the written reply as a form of
defense if the field interpetation is different.


When I first decided to keep native fishes, I was determined to acquire
redside shiners. I called the Oregon Dept. of Fish and Wildlife and asked
about the legalities of collecting them. My call got transferred around a
bit, and finally I was speaking to "the man who should know." This man
no problem. Go ahead and collect them. Use a dip net. Everything that I
wanted to hear. I was elated that it was so simple to find out if I was
planning a legal activity.

I began packing the car, and was lacing my boots when my phone rang. I
impatiently answered only to find myself talking to "the man who should
know." It was two hours later, and he was calling me back to tell me that
he did some checking, and it turns out I would need special permits. If he
had waited five more minutes, I would have been at the river getting
(possibly) arrested.

I never trust anything given to me verbally by ODFW employees now.


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