Thread: CDFG
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Old 08-19-2016, 07:21 AM   #12
wiredantz
Currently @ MLO Territory
 
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Join Date: Dec 2010
Location: Under the Shadow
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If the constitution actually held up, then MLPA would have no ground to stand on.


We had lawyers, money, we had people stand up against the MLPA, yet we lost our rights to fish upon certain state own lands.


The reason that this probably does not hold up in court is because of the loop holes.....

How do you take the rights to fish from the people?.... make it a fish hatchery... ( per the CA constitution)


How do you get people to buy fishing licenses:
Well you have the right to fish, but to keep the fish is a different story...

{Per the CA Constitution Section 25
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.}



The Legislature might of said well if you want to keep the fish you need to have a license as a condition....



United State's law, even worse CA laws are fairly new compared to other countries who have been around for centuries.

When taking said things to court, statues are always getting amended. That's why every year we have new laws and rules to cover the loops holes of the prior laws. it is sad to say but it's the interpretation of the law, and not always in our favor.





I don't know if what i said is actually true or will be held up in court as things might be subjective... just my own interpretation from what i read.


I do know that to take things to court and supreme court, you need time and money...

DFG, or WIlderness whatever... has plenty of time and money... we pay a fishing license fee to DFG/Deparment of taking rights of people.... so they can find loop holes and spend their resources on people standing up against them and protect some fish at the same time.....and they also have different groups of people who pay them donations...


honestly we are outgunned here...



Let say for example:

I fight this thing, and i somehow get the supreme court attention after losing at the lower level courts on this matter... and by some random odd number they do decide to not throw out my case and actually hear it...

They will say, well Mr. Nacho.... you have a right to fish and not pay a fishing license..... but we need a way to pay for control and enforcement....

So then CA Legislature go back to the drawing board.... and now we have a fish tax or something to that matter.....
(is it really worth it then)

either way we are going to get screwed eventually....



just pay the damn fishing license... most kayak fisherman are already broke that is why we fish on plastic bathtubs.


Now if i ever got a ticket... for forgetting my fishing license, you bet your bottom dollar I am taking this court... I will fight tooth and nail... but i have not forgotten my license yet. lol
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Last edited by wiredantz; 08-19-2016 at 07:56 AM.
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