Dave_W wrote:
I don't think this is so simple or easy to enforce at all.
(These are two separate issues:casting to beds and immediate release.)
For "immediate release" - what does this mean? To most anglers it would mean that you don't put the fish in a live well, on a stringer, etc. - you release it at the moment it was caught. The court case that I mentioned earlier involved an angler who lifted a fish from the water for a photo - something many of us consider perfectly normal. He was cited under the immediate release clause, contested the PFBC in court, and prevailed.
Regarding casting to spawning beds: I can see a case where perhaps in a video (such as the OP mentions) it might be possible to prosecute someone for this. . . but otherwise this one is tough too because the number of times one casts ("repeatedly") is undefined and how close to the bed is "into a clearly visible" bed?
I'm not personally opposed to these rules and agree with their spirit. . . but citation or prosecution needs firm clarity in the letter of the law. That's why I don't think we'll see much enforcement on these two items.
Immediate release is just that. However long it takes to remove a hook and put it back in the water. This does not include a photo.
Casting repeatedly to bedding bass is a seperate issue and the definition of immediate release has no bearing on casting to bedding bass. The word Repeatedly has been defined numerous times by the courts and it essentially means what we all know it to mean........ more then once.
The simplicity and common wording of this is firm clarity. I'm not sure how much clearer it could be worded. Of course every word will be debated in court but this does not make it unenforceable or in need of more clarity. The law should be enforced as is, Tickets should be written, and the DJ who hears the ticket should be held accountable if he chooses to dismiss the tickets. If the fish and boat enforcement officers can't handle a simple investigation/prosecution such as this then they should be held accountable. My money is on the local district justices as being the weak link so identify them and vote them out.
I would not support a tackle shop promoting clear unlawful behavior.