Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!! - Pensacola Fishing Forum

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Old 05-13-2008, 10:44 AM   #1
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Default Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

the screwed up the definition of CHUMMING to including putting any fish parts or bait into the water and didn't specifically exclude if the fish parts or bait were on a hook and line. by doing so, they have essentially banned fishing with any bait, live or dead.

wooo hoooo!

Press Release
New Conservation Regulation Addresses Shark Fishing
May 12, 2008


CONTACT: David Dean
334-242-3165

The Alabama Department of Conservation and Natural Resources has implemented a new regulation regarding shark fishing. The regulation, signed by Commissioner M. Barnett Lawley, prohibits ?chumming? or ?bloodbaiting? for sharks within 300 feet of the shoreline or on a pier.

Chumming is defined as the throwing of bait or fish parts into the water to attract fish, while bloodbaiting is defined as the use of blood, chemical or synthetic attractants, fish parts, chicken parts or other animal parts to attract fish or sharks.

The regulation also makes it unlawful for any person to surf fish, bow fish or fish by any other means from any pier or beach in a manner that presents an unsafe condition to any beach goers, sunbathers, swimmers or any other person.

The Alabama Department of Conservation and Natural Resources promotes wise stewardship, management and enjoyment of Alabama?s natural resources through five divisions: Marine Police, Marine Resources, State Lands, State Parks, and Wildlife and Freshwater Fisheries. To learn more about ADCNR, visit www.outdooralabama.com.




I sent an email to the DCNR listing the following issues with the way the law is written. As it stands. Fishing with any bait has been banned as well as any fishing tackle that could potentially be harmful to any person - therefore all hooks have been outlawed.

__________________________________________________ ___________________________________<DIV style="FONT-SIZE: 10pt; FONT-FAMILY: tahoma, new york, times, serif"></DIV></DIV></DIV>Comments and Concerns:</DIV></DIV>"Chumming is defined as the throwing of bait or fish parts into the water to attract fish" Wouldn't regular fishing with either live or dead bait fall under this since it would be used to "attract fish"? Sincethe DCNRdid not specifically exclude the use of a line and hook from the definition, fishing in state waters within 300' from any shore (not just coastal) with any bait, either dead or alive, has now been banned.</DIV></DIV>"chicken parts or other animal parts to attract fish" So, what about using chicken necks in a crab trap? That would "attract fish" when your intent is to catch crabs, but it would still be illegal under this regulation. This not only applies to beaches, but to the new State Park Pier currently underconstructionas well as Municipal Piers like the one in Fairhope, as well as all Private Piers on any waters in the State. Again, better language and explicit exclusions from this regulation would be a good thing to have.</DIV></DIV>"unlawful for any person to surf fish, bow fish or fish by any other means from any pier or beach in a manner that presents an unsafe condition to any beach goers, sunbathers, swimmers or any other person." It is obvious that the use of "ANY PIER" here is intentional. That means PRIVATE piers as well, including any inshore on Perdido and Mobile Bays since the DCNRdid not define a boundary for this regulation. In other words,now citizens of Alabamacannot legally put anything in the water that could harm another or be considered unsafe to any person on or in the water, including fishing tackle. That means any hooks on lures are also now banned if there is a swimmer close enough for you to be considered a hazard to them - again, there is no definition of a "safe distance". This section also means that any fishing from a private pier ANYWHERE on the coast using any bait could be considered endangering others since chum is only defined as "throwing bait or fish parts into the water to attract fish" and specifically does not exclude the use of a line and hook.</DIV></DIV>The use of a broad brush to pen this legislation has left too much to question. We all know how rogue judges can make assenine decisions based on their own personal interpretations. If this law were enforced to the words of it's content and the definitions contained within, then the DCNR fisheries just put itself out of business. </DIV></DIV>Please correct this regulation (preferrably strictly limit it's reaches and enforcement to specific actions and list all exceptions that may be found to be vague)and use common sense (and a better legal review process) whenpenning the revision as well as future regulations limiting our liberties as responsible sportsmen.</DIV></DIV></DIV></DIV></DIV></DIV>
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Old 05-13-2008, 11:06 AM   #2
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

opcorn...WOW!!
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Old 05-13-2008, 11:15 AM   #3
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

Sounds like a terrible "knee-jerk" reaction to what doesn't seem to be a problem. :boo

You are right in saying there is way too much room for very broad interpretation of this!

:nonono

Who do we need to call?
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Old 05-13-2008, 11:20 AM   #4
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

i emailed mycomments to:


To: [email protected]; [email protected] ; [email protected]
Cc: [email protected]



i got the emails addys from: http://www.outdooralabama.com/contact/
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Old 05-13-2008, 11:21 AM   #5
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

get em!
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Old 05-13-2008, 11:40 AM   #6
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

according to the DCNR's own website:

http://www.outdooralabama.com/news/release.cfm?ID=112

According to the report, more than 44 million Americans fish, and 851,470 anglers live in Alabama.

$858,124,876 in retail sales was generated by Alabama?s anglers, which rippled through the economy to generate $1.7 billion in economic output for the state.

The Alabama fishing industry supports nearly 20,000 jobs and those workers earned $412 million in salaries and wages.

Fishing-related purchases in Alabama generated $16 million in state tax revenues and $42 million in federal income tax.



and according to the Alabama Bureau for Tourism &amp; Travel (ABTT) website:

This bureau, as mandated by the Legislature, was entitled with "exclusive power and authority to plan and conduct all state programs of information and publicity designed to attract tourists to the state of Alabama." Its purpose is to promote travel to and through Alabama. It does this both nationally and internationally.

ABTT is funded by two sources. The first is by a General Fund appropriation from the state Legislature. The second is through a portion of the state lodging tax. This statewide lodging tax is charged on all hotel and motel rooms and campground sites.

ABTT helps ensure that Alabama's economy gains maximum benefits from tourism. More than 18 million travelers spent $6.5 billion in the state in 2002, supporting the jobs of 139,000 Alabamians.


in other words, tourists spent 20-TIMES as much as fishermen and the tourism industry supports more than 7-TIMES the number of jobs than the fishing industry.

which one are they gonna piss on - the one the brings in the most money, or the one that is a GUARANTEED RIGHT by the state constitution?

http://www.lrs.state.al.us/publicati...tionp43.htm#T1
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Old 05-13-2008, 02:10 PM   #7
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

how exactly are they gonna enforce this???
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Old 05-13-2008, 02:18 PM   #8
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

Quote:
VS200B (5/13/2008)how exactly are they gonna enforce this???
Doesnt matter how or who, if its on the books, its up to a judges interpretation and this is pretty vague!!
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Old 05-13-2008, 02:34 PM   #9
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

Isn't this only for sharks 300ft - from the shoreline. If this is the case then It doesnt really bother me.

They probably dont want people chumming for sharks next to where people could be swimming or surfing.
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Old 05-13-2008, 03:26 PM   #10
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Default RE: Alabama Dept. of Conservation and Natural Resources has BANNED all Fishing in the State!!!!

The press release is not clear but we contacted David Dean with the state and he assured us that this ban was for shark fishing only. We have published the information here:



http://www.orangebeach.ws/Everything...each_Blog.html



A link was emailed to Mr. Dean and he is suppose to reply and confirm that the ban is for shark fishing from the beach or piers only. I believe that they are going to change the wording to make the regulation clearer.


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