Re: Kerry there are 11


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Posted by Kerry Grissett on February 28, 2005 at 23:20:47:

In Reply to: Kerry there are 11 posted by FastXD on February 28, 2005 at 15:54:02:

Thanks. I read Alan Clemmons article tonight and was set straight on that.

On another note, David Stewart has been posting on BFHP that the law/statute on the books concerning gill nets and saltwater stripe was a place to start in getting rid of gill nets using laws presently on the books. Unfortunately, he never quoted the entire statute which does include a definition of the lakes/reservoirs which are considered off limits and it does NOT include Guntersville, Wheeler, Wilson, or Pickwick lakes.

However, here is a statute which seems to directly apply. Pay special attention to paragraph (b).

Section 9-11-88

Catching game or nongame fish by use of gill, trammel, etc., nets.

(a) It shall be unlawful for any person to take, catch, capture or kill any game or nongame fish by
use of a gill, trammel or similar type net in the waters impounded by Jordan dam, Lay dam, Mitchell
dam and Martin dam. Whoever violates this subsection is guilty of a misdemeanor and, upon
conviction, shall be punished as prescribed by law.

(b) It shall be unlawful for any person to take, catch, capture or kill any game or nongame fish by
use of a gill, trammel or similar type net in that part of the Tennessee River lying within the
boundaries of Alabama and all tributaries thereto. Any person violating the provisions of this
subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not
less than $100.00 nor more than $500.00 or by imprisonment in the county jail for six months or by
both such fine and imprisonment.

(Acts 1973, No. 1234, p. 2081, 1; Acts 1976, No. 336, p. 366, 1, 2.)

Because of the fact that gill nets KILL EVERYTHING they snare, by definition from the statute above, none of them can ever be legal. One killed game fish in a gill net constitutes a violation of the above statute and it is clear that these nets kill game fish, LARGE ones in large numbers.

On that last note, someone posted a link on BFHP or here, I forget, which pointed to a study that looked at the effect of removing the largest and fastest growing fish from a given population. Basically, the results of the study suggested that this was VERY detrimental to the fish population as a whole and took many time longer to repair than it took to create the damage. It has to do with removing the most successful genes from a given population's gene pool.

This is NOT good stewardship of our fisheries. It is a backward and detrimental approach to fisheries management.

Thanks again for the post!

Kerry

P.S.

If you want to search and research the statutes, do 2 searches on google:

1. search for "code of Alabama"
2. search for "administrative code of Alabama"

I am not sure that these online resources are up to date, but they are a good place to start.


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