Re: Bass Taken Illegally


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Posted by Kerry Grissett on June 30, 2003 at 11:00:52:

In Reply to: Bass Taken Illegally posted by katfish on June 30, 2003 at 07:07:48:

Read them both again.

The section of 220-2-.35 (http://www.alabamaadministrativecode.state.al.us/alabama.html) that you are referring to reads:

The creel and possession limits provided for above shall not apply to fish held live for release by the
sponsor or its designated agent after a bona fide fishing tournament provided they are released unharmed
to the public waters from which they were taken as soon as reasonably possible on the same day they were
taken.

This provision has nothing to do with the individual anglers in the tournament. This provision is here so that the administrators can legally hold for release more than the daily legal limit of fish. Note that is also says AFTER the tournament, so it is very clear that this does not apply to the individual participants.

Now, go back and read the law again in section 9-11-85 (http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm):

Section 9-11-85

Game fish to be transported openly; confiscation, etc., of game fish taken or transported
illegally.

All game fish taken in this state must at all times be carried or transported openly, and failure to do
so shall constitute a misdemeanor punishable by a fine of not less than $10.00 nor more than
$25.00. All game fish carried or transported in an illegal manner or taken or killed illegally shall be
confiscated and disposed of under regulations promulgated by the Commissioner of Conservation
and Natural Resources.

(Acts 1935, No. 383, p. 813, 24; Code 1940, T. 8, §64.)

See there where it says "shall be confiscated"? What don't you understand about that? Do you have a problem with the word "shall"? In legal terms it means the same as "must". Otherwise they would have used the word "may".

I am not interpreting this law. I am simply reading what it says.


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