Spearfishing northern pike in lake Roosevelt system?

[bigtex]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

[HUNTINCOUPLE]

Would be fun for sure!  Our neighbers brother in Montana owns his own private resivours which have pike in them. When iced over they drag out the Ice Houses and drill holes. They hang a decoy fish just below the ice. Sit and wait for MR Pike to come check it out. Then Spear It!!!!!!!

[lokidog]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

[bigtex]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

[grundy53]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Except the "landowners" don't own the land. We do. They just operate it for us. I'm glad the WDFW can't ticket someone for shooting a coyote.

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[bigtex]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Except the "landowners" don't own the land. We do. They just operate it for us. I'm glad the WDFW can't ticket someone for shooting a coyote.

Instead the WDFW Officer sends the info to a federal officer who then slaps a federal citation on the offender.....

[grundy53]

It's their stupid law. Let them enforce it.

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[grundy53]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Another reason this is a poor comparison is that while as private citizens you and I can put our own restrictions on the use of our land we can't make those restrictions law. Punishable with fines and jail time.

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[bigtex]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Another reason this is a poor comparison is that while as private citizens you and I can put our own restrictions on the use of our land we can't make those restrictions law. Punishable with fines and jail time.

In WA there is case law that says someone who violates landowners rules/regs can be charged with trespass.

So for those timber companies who say for example no camping or target shooting, you can be charged with trespass.

[grundy53]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Another reason this is a poor comparison is that while as private citizens you and I can put our own restrictions on the use of our land we can't make those restrictions law. Punishable with fines and jail time.

In WA there is case law that says someone who violates landowners rules/regs can be charged with trespass.

So for those timber companies who say for example no camping or target shooting, you can be charged with trespass.

That isn't the same thing at all. The reason they have to charge you with trespassing is because they CAN'T make up their own laws for their land. The Feds wouldn't charge you with trespassing for shooting a coyote would they?

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[bigtex]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Another reason this is a poor comparison is that while as private citizens you and I can put our own restrictions on the use of our land we can't make those restrictions law. Punishable with fines and jail time.

In WA there is case law that says someone who violates landowners rules/regs can be charged with trespass.

So for those timber companies who say for example no camping or target shooting, you can be charged with trespass.

That isn't the same thing at all. The reason they have to charge you with trespassing is because they CAN'T make up their own laws for their land. The Feds wouldn't charge you with trespassing for shooting a coyote would they?

Actually, on FWS lands yes they could charge you with trespass (federally).

Under federal law FWS lands are closed to the public unless they are opened by the manager. When a manager opens the lands they determine which activities (big game hunting, waterfowl, etc) have been determined to be compatible with the refuge. All other activities are prohibited. If you violate that restriction you are essentially violating the public use restriction.

So in the case of someone shooting a coyote on FWS lands you could be charged with the unauthorized take of an animal on a Nat'l wildlife refuge, and for trespass for partaking in an activity which is not authorized.

[grundy53]

Thanks Bigtex.  Sucks about the CFR prohibiting spearing in fresh water.

Unfortunately it creates a conundrum. People read the WDFW pamphlet and think an act (spearfishing on NPS lands, shooting a coyote on FWS lands, etc) is legal, only to find out it's illegal under federal law.

I honestly think WDFW should get with FWS and NPS so they can adopt the federal regs into the state regs. This will do two things. 1- It'll make the public aware of the federal regs by actually listing them in the pamphlet. 2- It'll allow WDFW Officers to actually enforce (charge someone) with the violation. Right now if a WDFW Officer saw someone violating one of these acts they'd have to call a NPS/FWS LEO or send a report to them since there is no applicable state charge.

OR the Feds could let the State manage it's own fish and wildlife?  At least as much as the state actually does.   

The agencies are considered to be landowners just like you or I. Just like you can open your land to hunting with restrictions, the feds can as well. The ability for the feds to create laws for fed lands is found in the Constitution (the Property Clause)

Another reason this is a poor comparison is that while as private citizens you and I can put our own restrictions on the use of our land we can't make those restrictions law. Punishable with fines and jail time.

In WA there is case law that says someone who violates landowners rules/regs can be charged with trespass.

So for those timber companies who say for example no camping or target shooting, you can be charged with trespass.

That isn't the same thing at all. The reason they have to charge you with trespassing is because they CAN'T make up their own laws for their land. The Feds wouldn't charge you with trespassing for shooting a coyote would they?

Actually, on FWS lands yes they could charge you with trespass (federally).

Under federal law FWS lands are closed to the public unless they are opened by the manager. When a manager opens the lands they determine which activities (big game hunting, waterfowl, etc) have been determined to be compatible with the refuge. All other activities are prohibited. If you violate that restriction you are essentially violating the public use restriction.

So in the case of someone shooting a coyote on FWS lands you could be charged with the unauthorized take of an animal on a Nat'l wildlife refuge, and for trespass for partaking in an activity which is not authorized.

You missed the point. I didn't ask if they could charge you additionally with trespassing but whether they would charge you with trespassing because that was their only recourse. It was a rhetorical question. We both already knew the answer . I couldn't charge my neighbor with unauthorized take of an animal on Grundy's property.

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