Posted by jd on July 01, 2003 at 19:34:50:
In Reply to: Re: License possession / jd the poacher posted by Kerry Grissett on July 01, 2003 at 17:50:56:
Let me first say that I am not here to take sides or prove anyone wrong. I am trying to set the record straight so that those seeking restitution or reform do so with accuracy and knowledge.
I knew the license "possession" rule had to be defined somewhere! The DCNR pamphlet is made law by extension of Alabama Code Title 9, Chapter 2, section 9-2-8. This pamphlet provides a better definition of illegal catches. I still stand by my guns that "taken illegally" for the purposes of confiscating a catch IAW AL Code 9-11-85 means in a manner consistent with DCNR pamphlet section 220-2-.44 which does NOT include fishout without a license.
It is against the law to fish without a license, and against the law to fish without license in possession. However, these are two seperate offenses. I have yet to see written documents of punishment for violation of the latter. This is similar to driving without a license.
There are some open ended powers given to a game warden that allows him to do just about anything. An officer of the law does not have to let you go home when you get a speeding ticket either. But it is common practice, and you are looking for trouble when you go outside the common practices in our "common law" system of justice. If you study the history of "common law" going back to Europe, it is very interesting that we are as civilized as we are.
My research on this subject is over. Good luck on your battles for justice!
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