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I guess I don't see whose interests this serves. This isn't a slot limit that protects a certain group of spawners or class of fish, its just adding the possibility of keeping a second fish, albeit a larger one (or smaller if your first fish is 40+).
And if its the ability to keep a trophy fish if you've already caught your 28" fish, shouldn't that be more like 45"?
I'm no big fish expert, but I know that 40" is not a trophy fish.
Last thing I heard, the worry was the lack of big fish and the goal was to restore stocks of big fish. This does nothing to work towards that goal.
IMO, either a straight 1 fish 36" limit or a slot, say 24-30" and/or over 40"... even if you went with two fish (a slot fish and a fish over 40"), you are at least protecting that range deemed to be healthy spawners... allowing them to spawn several times.
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