Quote:
Originally Posted by forefrazier
"the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken."
This last piece is the problem...I guess they are creating their own "conditions" in which fish can be taken.
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well, we'll still be able to dip net for
that's the problem with legalese. but it does seem to me, that the "conditions under which fish may be taken", implies that fish may be, and are allowed to be, taken. this appears to contradict the no take at all blanket of the smr's since it doesn't specify conditions but instead universally bans fishing. i'm not a lawyer, but it does seem to me that the "absolute right" part does supercede. (iI'm sure there's some latin phrase for it.) of course, the problem we're gonna face is that there are already closures up north and whether we like it or not, current practice will go alot further than arcane legal argumentation.
and while this would be a perfect case for a federal appellate decision, the libertarian/federalist/anti-judiciary sentiment in me would very much dislike such involvement. however, what it will take, and someone will have to be the sacrificial lamb, is they will have to fish, get cited/arrested/gear confiscated, go through hell, fund the legal fight (which will be met 10-1 in dollars by the green nazis), then hope a court throws the case out on appeal. but since most of us guys aren't independently wealthy, nor do we have a multi-million foundation fronting for us, our best bet, and a losing one in california at that, is to take the fight to the public and make it an election issue. what we'd need to do is get city councils elected, maybe county sups, who are fishing friendly and will lobby the state to amend or repeal the mlpa.
in other words, we're f***ed
the thing we have going for us is that the dfg will have to enforce the bans and they are undermanned and underfunded. and, unless they're on the water and actually "catch us in the act" it's going to be a tough legal case. it's a hard call to say you weren't pulled into the smr by that big YT