Tweet
Random question for the legal scholars here:
The State of Illinois publishes their Fishing Regulation book each year. I try and grab a paper copy if I can find one and also have the PDF bookmarked on my phone. I read this and use this as my basis for making sure I am in compliance with the laws/regs.
Recently it was pointed out that an act that I regularly do (Use a cast net to catch Shad/Carp to use as bait) is LEGAL as it's printed in the Reg Book but when looked up via the actual legislation that is posted on the IL General Assembly page, it includes a stipulation regarding location that is NOT noted in the Reg Book. This discrepancy does technically make my use of a cast net ILLEGAL.
Specifically the difference is the phrase "The taking of aquatic life with a dip net, cast net, or shad scoop shall not be permitted within 100' of the base of any dam". That phrase appears in the legislation, but is omitted from the Reg Book. Obviously the Reg Book is a summary. But many of the other regulations appear verbatim in these two documents.
So here's the question: Do I have a valid legal defense if the Reg Book seemingly allows a looser interpretation of the law than the actual legislation? Like assume that I'm ticketed for using the cast net within 100' of a dam. (And yes, I'm aware that different jurisdictions can be different. I just want to know what is taught in Law 101 here.)
As a Fisherman, I get that it's my responsibility to know the laws and remain legal. But I also feel that by reading the published Regulation Book, I have done my part and that reading/understanding actual legislation is above and beyond my capabilities as a regular person.
Thankfully nothing has happened for me to actually try this defense, but I feel it's something that I believe I should know. The whole reason I keep the PDF AND hard copy of the Reg Book is because I've had LEO (usually Local or non-DNR LEO) straight up not know the basics of the rules in question. Presenting the actual book has helped me on several occasions. With as much as I fish, I feel that this eventually becomes a "when" not "if" scenario =(
The State of Illinois publishes their Fishing Regulation book each year. I try and grab a paper copy if I can find one and also have the PDF bookmarked on my phone. I read this and use this as my basis for making sure I am in compliance with the laws/regs.
Recently it was pointed out that an act that I regularly do (Use a cast net to catch Shad/Carp to use as bait) is LEGAL as it's printed in the Reg Book but when looked up via the actual legislation that is posted on the IL General Assembly page, it includes a stipulation regarding location that is NOT noted in the Reg Book. This discrepancy does technically make my use of a cast net ILLEGAL.
Specifically the difference is the phrase "The taking of aquatic life with a dip net, cast net, or shad scoop shall not be permitted within 100' of the base of any dam". That phrase appears in the legislation, but is omitted from the Reg Book. Obviously the Reg Book is a summary. But many of the other regulations appear verbatim in these two documents.
So here's the question: Do I have a valid legal defense if the Reg Book seemingly allows a looser interpretation of the law than the actual legislation? Like assume that I'm ticketed for using the cast net within 100' of a dam. (And yes, I'm aware that different jurisdictions can be different. I just want to know what is taught in Law 101 here.)
As a Fisherman, I get that it's my responsibility to know the laws and remain legal. But I also feel that by reading the published Regulation Book, I have done my part and that reading/understanding actual legislation is above and beyond my capabilities as a regular person.
Thankfully nothing has happened for me to actually try this defense, but I feel it's something that I believe I should know. The whole reason I keep the PDF AND hard copy of the Reg Book is because I've had LEO (usually Local or non-DNR LEO) straight up not know the basics of the rules in question. Presenting the actual book has helped me on several occasions. With as much as I fish, I feel that this eventually becomes a "when" not "if" scenario =(
Comment