Hand Fishing Update

[Phil Lilley]

Email from Chris Vitello, MDC

I retrieved some updated information concerning hand fishing when I was in Jefferson City last week. A brief summary follows:

1. Since April 2000 a group of citizens has been campaigning for the legalization of hand fishing in Missouri, with a particular focus on flathead catfish.

2. During the past legislative session, the Department testified in opposition to the hand fishing bill. In considering the legalization of hand fishing, the Department's guiding principle, consistent with our mission, is to protect the long-term future of the species. The bill was not passed during the recently completed session.

3. An experimental hand fishing season for catfish began in 2005 to determine what effect hand fishing will have on catfish populations and whether such a season can be permitted without harm to the resource. This season is open only on selected waters (portions of the Fabius River system, portions of the Mississippi River and a part of the St. Francis River). We asked our biologists to lead a process to answer this question: "Will removing catfish from Missouri streams and rivers, while they are on the nest in June and July, have a long-term impact to the fishery resource?" A credible analysis of this question requires a multi-year effort. The Conservation Commission has implemented a study to find the answer to this and other related questions.

CBV

[Wayne SW/MO]

I think as outdoorsman, we should always oppose the legislature getting involved. While I don't always agree with the MDC, and it irritates me when they fail to follow up when they indicate they will do something, they are approachable, and if enough complain, they will come to us.

[Phil Lilley]

I asked the this question-

Chris- if you read the forum, you know that the underlining issue that's been discussed is not hand fishing but state legislature getting involved in conservation code and rules. Is there already precedence in law now that gives them the ability to create laws to govern fish and game such as limits, techniques and other rules? Or was this a 'test' case that would have opened that door for the first time?

Answer - As you are aware, since 1937 the authority of management, restoration, conservation and regulation of Missouri's forest, fish, and wildlife has been in the hands/arena of the Conservation Commission. Senate Bill 1107 (hand fishing) was a challenge to this authority. If signed into law, it appears likely that the court system would have become involved in this challenge of the constitutional authority.

It was defeated- this time.