I would like to see how gill netters "properly" handle their catch in the pitch of darkness during there night fishery!

I have already seen how they handle them in the daylight hours!

Bob, if such handling practice and methods are good and necessary by sport fishers, then it should also be good and necessary for the gill netters too! Personally, I believe if the new law only applies just to sport fishers and not the gill netters, the sport fishing industries should take WDFW, the director and every single member of the "commission" to court! It would be a double standard under Washington State law!

How else could the courts interpolate this section of law under RCW 77.04.012

This is the Mandate of both the Department and Commission.

"Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.

The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state."

If this new law is being passed so that we will "not impair the resource" (what other reason could there be?) then the commercials gill netters must also abide by these same rules. The part of law that says "not impair the resource" is applicable to all of our fish, and is being proposed to prevent further harm to our wild and endangered stocks of fish.

I don’t believe that the "commission" has even thought about the legal aspect of passing such a law yet! What's good for the goose is also good for the gander!

WDFW has already said that this rule is needed because it will; "… improve survival of released fish because they will not have the additional handling and stress caused by their removal from the water" It can easily be legally argued and shown that this new law is being proposed to "preserve, protect, perpetuate and "conserve" our game and food fish. These are all mandates of both WDFW and the wildlife Commission.

If it can be shown (and it can be shown easily) that this action is being taken to "preserve, protect, perpetuate" our fish runs; then WDFW and the Commission are both mandated to apply these same practices and rules to all of the fisheries that are under their jurisdiction. Read the mandate and figure it out yourself!

What could their legal argument possibly be? It's there own law!


Cowlitzfisherman