11-19-2013, 10:56 PM
[quote Fishrmn]Take, as defined in the Utah fishing regulations is a very cloudy issue. You can only take your limit. But in most cases you can continue to catch as many fish as you want. Provided you don't take more than your limit.[/quote]
It does seem that the term is ambigiuous to some here (probably because the definition is so different from common usage), but the DWR defines it the way it does on purpose. There is no ambiguity there.
When I was involved in a workgroup on regs (not fish), there was a discussion regarding "take" and the unintended consequences the broad definition caused. The DWR (esp the law enforcement division) was unwilling to budge in the least. It was very clear from those discussions that the intent is that when you reduce to possession your limit, you may not pursue the species any longer. Period.
Try arguing the 'cloudiness' of the administrative rule in court if you wish. But if an officer decides to cite you for "take" (pursuit) during a closed season, odds are extremely high you will lose in court. That is precisely why the term is defined - so there is no ambiguity.
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It does seem that the term is ambigiuous to some here (probably because the definition is so different from common usage), but the DWR defines it the way it does on purpose. There is no ambiguity there.
When I was involved in a workgroup on regs (not fish), there was a discussion regarding "take" and the unintended consequences the broad definition caused. The DWR (esp the law enforcement division) was unwilling to budge in the least. It was very clear from those discussions that the intent is that when you reduce to possession your limit, you may not pursue the species any longer. Period.
Try arguing the 'cloudiness' of the administrative rule in court if you wish. But if an officer decides to cite you for "take" (pursuit) during a closed season, odds are extremely high you will lose in court. That is precisely why the term is defined - so there is no ambiguity.
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