zander Posted July 27, 2009 Posted July 27, 2009 It would also seem that hackle feathers are naturally grown substances as well. I know it is not plant material but it seems like you can incorporate it into a reusable fly then in my eyes that would be ok. Probably isn't but it would seem that way to me.
Root Admin Phil Lilley Posted July 27, 2009 Root Admin Posted July 27, 2009 Yea- I can see it now. The judge would laugh MDC right out of the room. Coffee Bean illegal- natural bait?!?!? Come on. This one I have to take exception of. It is not soft. It does not hold a scent except for it's natural smell - coffee. With glue and head cement applied, the smell wouldn't even get through. I'm looking forward to trying it. Waiting for Brian to come over and make some- then go out and try. Will video our results!
Micheal Kyle Posted July 27, 2009 Posted July 27, 2009 According to MDC this what they say The code is permissive meaning that if is not listed or excluded it is illegal I wonder how a judge will inturpret the law. Here is the code straight from the MDC Page (24) Flies, lures and baits: The following are authorized for use except where restricted in 3 CSR 10-6.415, 3 CSR 10-6.535, 3 CSR 10- 11.205, 3 CSR 10-12.135 and 3 CSR 10- 12.150. (A) Natural and scented baits—A natural fish food such as bait fish, crayfish, frogs permitted as bait, grubs, insects, larvae, worms, salmon eggs, cheese, corn and other food substances not containing any ingredient to stupefy, injure or kill fish. Does not include flies or artificial lures. Includes dough bait, putty or paste-type bait, any substance designed to attract fish by taste or smell and any fly, lure or bait containing or used with such substances. ( Soft plastic bait (unscented)—Synthetic eggs, synthetic worms, synthetic grubs and soft plastic lures. B Artificial lure—A lure constructed of any material excluding soft plastic bait and natural and scented bait as defined in (A) or ( above. (D) Fly—An artificial lure constructed on a single-point hook, using any material except soft plastic bait and natural and scented bait as defined in (A) or ( above, that is tied, glued or otherwise permanently attached. To Know People Is To Know Thier Ways!
Micheal Kyle Posted July 27, 2009 Posted July 27, 2009 Well it looks like some one is having fun with my thread with the happy faces It is supposed to read (A)( where the B is the happy face was inserted . Someone has to much time on their hands I have edited twice and it comes back HUM Or maybe it is the same code who knows i just think it is very funny To Know People Is To Know Thier Ways!
Root Admin Phil Lilley Posted July 27, 2009 Root Admin Posted July 27, 2009 It's reading the code that way. Seen it before. So I don't think I see anything in the code that I would identify coffee beans under. Am I missing something?
Root Admin Phil Lilley Posted July 27, 2009 Root Admin Posted July 27, 2009 (A) Natural and scented baits—A natural fish food such as bait fish, crayfish, frogs permitted as bait, grubs, insects, larvae, worms, salmon eggs, cheese, corn, coffee beans and other food substances not containing any ingredient to stupefy, injure or kill fish. Does not include flies or artificial lures. Includes dough bait, putty or paste-type bait, any substance designed to attract fish by taste or smell and any fly, lure or bait containing or used with such substances. Oh... upon reading it a third time, I see I missed the mention of coffee beans... sorry! My bad!
DaddyO Posted July 27, 2009 Posted July 27, 2009 OK. I'm not an attorney, but I have done a lot of work with legal documents. My opinion is that a coffee bean is not a "natural fish food", so, by itself does not qualify as natural bait. In other words, we are not trying to tie a fly that looks like a coffee bean. The coffee bean is used as material to construct a fly that looks like "natural fish food". So, in my opinion, the question comes down to scent. On this, I tend to agree with Phil Lilley. If it's covered in all that paint and glue, I don't think the scent is going to come out. Even if it did, was there a study done that promotes the concept that trout are drawn to the smell of coffee??? Or, are they just after the caffeine? DaddyO We all make decisions; but, in the end, our decisions make us.
Micheal Kyle Posted July 27, 2009 Posted July 27, 2009 IMO I would not use since the regional supervisor said he would interpret it as illegal not to say the judge would laugh it out of the court room. Who needs that frustration of all this. I can see how the scent would be covered up with glues and epoxy and what ever else you would want to put on it. Food for thought no pun intended what if we were taking corn and drying it just as a coffee bean is and tied that or glued it to a hook to imitate a body of a hopper or some kind of beetle? I do realize that corn is listed but in a court the prosecutor could show how corn and a coffee bean are the same type of product. Now if it were a good Columbian dark roast I might give it a try I guess I will stick to black foam with a peacock herl body . I know I should have gone to law school instead I bought a fly shop but it does not keep from debating To Know People Is To Know Thier Ways!
Members jarod_campbell Posted July 27, 2009 Members Posted July 27, 2009 if you are not doing for the scent, then why not use some foam. I am sure you can find some that is the same color and shape, then you don't have to worry wether or not it is illegal.
Terry Beeson Posted July 27, 2009 Posted July 27, 2009 "...or other food substance..." is the catch-all part of the phrasing that allows some subjectivity to be used. I'm no attorney either, (but I did stay in a Holiday Inn Express one time) but I don't think I would want to try to stir this up with MDC by fishing it on the upper end of Taney. Maybe you could argue your way out of it, but unless MDC says specifically it would be OK, I ain't buyin'... Good looking fly and I'll have to try it myself. Just not there... TIGHT LINES, YA'LL "There he stands, draped in more equipment than a telephone lineman, trying to outwit an organism with a brain no bigger than a breadcrumb, and getting licked in the process." - Paul O’Neil
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