Originally posted by cowlitzfisherman:
Food for thought!!!
RockLizard,
You are right! I do know something about our fishing laws. Lining/flossing is not going to get you a ticket that will stand up in the courtroom! Now why would I make such a statement?
Its simple, lets just use your own example; " Snagging- ATTEMPTING to take fish with a hook and line in such a way that the fish does not voluntarily take the hook(s) in the mouth."
Using your logic, how on earth do you think that a "game officer" or for that matter, any officer of the law, could possibly have the balls to stand before a judge and testify in a court of law, and maintain a "straight face" while attempting to convince the judge that he (the officer) "knows when" a fish has "voluntarily" took a hook in its mouth? I can just see it now!
Judge; did you see the fish take the hook into its mouth? Officer; well, no but I known that he didn't take it "voluntarily". Judge; ok how do you know that? Officer; because he was the only one using a long leader and was the only one catching fish. Judge; what does the length of the leader have to do with snagging a fish. Officer; because fish has to breathe by opening their mouths so that water can pass through and get them new oxygen. Judge; so how can you tell when a fish is biting and not just breathing. Is there any other place that a person can legally hook and land a fish other then in the mouth? Officer; no! Judge: why are you wasting my time, "case dismissed"!
Since logic tells most of us (that's you, me, and the judge/jury) that the only place that a fish can eat is from its mouth; and that the mouth is the only "legal" area that a fish may be hooked in; and indeed the fish had been hooked "in the mouth", what fishing law is being broken?
Think about this one; if you go 100% by what the WDFW regulation say, your bare hook could also be legally considered as a "Lure" (i.e. the Lake Washington Sockeye fishery)
Lure; as defined in the fishing regulations: "A manufactured article constructed of feathers, hair, wood, metal, glass, cork, leather, rubber, or plastic which does not use scent and/or flavoring to attract fish". The last time I checked, hooks were made from "metal". Even the use of a bare hook could be considered as legal under the definition stated under "Bait" in the regulations if scent is placed on it! So what's not legal?
You may have had 12 years of active duty in the Air Force under your belt, but it appears that you have not spent very much of that time in our court rooms!
People do a lot of things that may be considered to be "unethical" in someone else's mind, but that does not mean that it is illegal to do it! Like it or not, until there is a specific regulation or law that states what's the maximum "leader length" can be. . . flossing will remain to be a legal method of fishing!
Out of all of the members on this board, how many times have you ever heard of one of them being cited by a game warden for "lining/flossing?
Snagging. . . yes! Flossing . . . no!!
Well, that's my opinion about linning/flossing!
I don't do it, but if I chose to do it, I would dare any game warden to write me a citation for doing so!!
Cowlitzfisherman
CFM,
I dont know how a game officer will prove snagging in court as defined in the regs, but you know what , I dont care how. Its not my job, its his/hers.
Your also right about me not spending much time in court. Thats because I try not to do things that will put me there. I dont know about you, but my schedule is full enough without taking time to go to court to explain if I snagged a fish or didnt.
Im still not buying your argument on flossing not being snagging. I will agee to disagree on this one. According to what IVe read (and BTW thats the WDFW's example not mine) I believe flossing to be snagging. I know this is not going to go away because of some BB thread and believe it or not, its not something Im very passionate about at all. If someone want to floss a fish to put it on the table than they can go all out for all I care. Im simply advising them that it COULD be interpreted as snagging.
You made some excellent points though, and I have enjoyed this thread, even though its an old subject.
RL
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