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StriperTalk! All things Striper |
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01-19-2012, 02:54 PM
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#1
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Registered User
Join Date: Mar 2002
Location: SOCO
Posts: 1,995
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The ban on felt soles is in the freshwater fishing regulations. Section 2.6 of these regualtions clearly defines the boundaries of freshwater and saltwater sections of the streams where these regulations apply. These regulated sections do include tidal and marine state waters, where felt soles would be prohibited.
I think it is clear that these reglations do NOT apply to any of the seaward portions of these rivers and streams from these boundaries, and could be legally argued to that point.
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01-19-2012, 03:40 PM
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#2
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Registered User
Join Date: Dec 2000
Posts: 2,574
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Quote:
Originally Posted by Bill L
The ban on felt soles is in the freshwater fishing regulations. Section 2.6 of these regualtions clearly defines the boundaries of freshwater and saltwater sections of the streams where these regulations apply. These regulated sections do include tidal and marine state waters, where felt soles would be prohibited.
I think it is clear that these reglations do NOT apply to any of the seaward portions of these rivers and streams from these boundaries, and could be legally argued to that point.
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Bill,
I totally agree with your reasoning but that is not the case from what I was told.
Quote from F&W: "It (the regulation) was made inclusive of all waters for Enforcement purposes; so that anglers were not confused as to where the freshwater/saltwater boundaries were in estuarine areas."
Basically what the above statement means is that instead of trying to figuere out where you can or cannot use them it would make it simpler to just include all waters including marine. I don't like it, don't feel it's necessary in the open surf, and will do my part to get it changed. I encourage all others to do the same.
DZ
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DZ
Recreational Surfcaster
"Limit Your Kill - Don't Kill Your Limit"
Bi + Ne = SB 2
If you haven't heard of the Snowstorm Blitz of 1987 - you someday will.
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01-19-2012, 04:05 PM
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#3
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Registered User
Join Date: Mar 2002
Location: SOCO
Posts: 1,995
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That may be their intent, but the exact wording of 2.6 is: "Boundaries - The defined boundaries for the freshwater and saltwater sections of the sate's rivers and streams, with regard to the areas where Freshwater Regualtions apply, are as follows:"
I guess they may try and enforce it on the ocean front, but at least maybe anybody that is caught could argue that they are outside of the regulated area, and possibly get off and avoid a fine. I realize that the regulation regarding the felt soles says "any state waters", which is contradictory to the later definition of the boundaries.
And if the boundaries are clearly defined in the regulations already, why do they think we would be confused on where the boundaries are (aside from someone not reading the regulation)?
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01-19-2012, 06:04 PM
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#4
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Certifiable Intertidal Anguiologist
Join Date: Feb 2000
Location: Somewhere between OOB & west of Watch Hill
Posts: 35,374
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Team7x - PM on the way - thanks...
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~Fix the Bait~ ~Pogies Forever~
Striped Bass Fishing - All Stripers
Kobayashi Maru Election - there is no way to win.
Apocalypse is Coming:
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01-20-2012, 01:19 PM
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#5
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Registered User
Join Date: Jul 2002
Location: Not close enough to the water!
Posts: 403
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Quote:
Basically what the above statement means is that instead of trying to figuere out where you can or cannot use them it would make it simpler to just include all waters including marine. I don't like it, don't feel it's necessary in the open surf, and will do my part to get it changed. I encourage all others to do the same.
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While it does stink to have it be all waters inclusive of marine, there is a logic to it- this will keep the weekend warriors who don't give a s**t about what they spread or where in check. Unfortunately, thats about 2 in 5 "anglers'. And as much as I really hate the reg., I don't feel arguing boundries or mean high tide marks will serve any useful purpose. I think that the best that might be done would be post any area where fresh water runs to the salt, but again, there's going to be the jerk factor to screw it up for the rest of us.
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