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Posted
7 hours ago, tjm said:

Wrench, it's a learning opportunity and proof that MDC deserves all the crap you throw at them from time to time, what?  Obviously the protection  Division is writing their own version of the rules without reference to the Code. I'm done. I don't fish Bennett any way.

Remember his rules apply to any area that prohibits soft plastic baits. Not just the trout parks. If you don't agree with this ruling write,  http://Mike Hubbard, Regulations Committee Chair, Missouri Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180,  Let him know what you think of the ruling,  

Bill

Posted
3 hours ago, bkbying89 said:

Remember his rules apply to any area that prohibits soft plastic baits. Not just the trout parks. If you don't agree with this ruling write,  http://Mike Hubbard, Regulations Committee Chair, Missouri Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180,  Let him know what you think of the ruling,  

Bill

The key is  "current interpretation by  MDC protection staff " which indicates they can change that at any moment or at an agent's discretion.,  this then can be extended to all the Wildlife Code, thus  meaning the Code is meaningless. It means that effectively that the protection division is lawless and the Commission is impotent. 

Posted
2 hours ago, tjm said:

The key is  "current interpretation by  MDC protection staff " which indicates they can change that at any moment or at an agent's discretion.,  this then can be extended to all the Wildlife Code, thus  meaning the Code is meaningless. It means that effectively that the protection division is lawless and the Commission is impotent. 

I don't know how far back this rule goes but declaring the Protection division as "lawless" is a bit much for me. I posted an email address for members here to express their concerns not to attack. I and others are contacting the department over this interpretation. I hope to hear back soon.

 

Bill

  • 2 months later...
Posted

I received this in my mail a couple of day's ago

Thank you to all those that wrote the Missouri Department of Conservation (MDC) regarding using flies that have rubber-legs/antenna and the like..
 
Your letters/emails and concern has paid off and the MDC has "changed" their interpretation of the regulations regarding what is a fly and what is a soft plastic lure.  Here is their latest response to the interpretation of the regulation. Hopefully we can get them to write a new section of the regulation to be more clear but for now we will take this.
 
In recent months, due to public interest and the need for consistency, Protection and Fisheries division staff have been evaluating how the fly definition is interpreted and how it interacts with the other definitions of flies, lures, and baits.   During this process, a document from the original 2004 Wildlife Code change was discovered.  This document provided further guidance of the original intention of the regulation change.
Below is an excerpt from the original document outlining how the new definitions were to be interpreted. 
 
  1. The use of the phrase “…any material…” in the fly definition allows fly tiers and anglers to use the wide variety of natural and synthetic materials currently available and eliminates the list, never all-inclusive, of approved materials.  This should eliminate a great deal of confusion and allow more consistent interpretation of this definition.  Flies containing rubber legs, foam, leather, beads, cork and a number of other materials will now conform to the definition of what is permitted in a “fly.”
 
As you can see, the original intention was to allow any material to be used in the construction of a fly.  Flies however cannot be lures defined as soft plastic bait or natural and scented bait.  As an example, a rubber worm cannot be permanently attached to a single hook and be considered a fly because a synthetic worm meets the definition of soft plastic bait.  However, rubber legs or antennae on a fly would be permissible.
 
Thank you for bringing this question and issue to our attention.  I hope this explanation provided some additional clarity into the use of flies. Again, just to be clear, the fly in the photo within the e-mail chain below is a “fly” and can be used in “fly only” zones/water. 
 
Please feel free to contact me or your local Conservation Agent if you have any questions or we can provide additional information.
 
Brian D. Canaday
Fisheries Division Chief
Missouri Department of Conservation
2901 West Truman Blvd.
P.O. Box 180
Jefferson City, Missouri  65102

Bill

 

Posted

So, if I add a rubber worm to a "fly", is it a trailer or just another part of the fly.  Or is it a soft plastic bait?

"Life has become immeasurably better since I have been forced to stop taking it seriously."

Hunter S. Thompson

Posted
1 minute ago, Gavin said:

Yep 75 posts and this was settled on page 1.

Not according to MDC Enforcement Division.

I have forgotten, why do we have "fly only" areas and "fly only" regulations any way?

Posted
1 hour ago, tjm said:

Not according to MDC Enforcement Division.

I have forgotten, why do we have "fly only" areas and "fly only" regulations any way?

For the same reason that they extended gigging season.  

Actually I believe it is because flyfishermen and cheese-chuckers don't do well when in the same room with each other.   You can't play baseball and kickball at the same time on the same field.

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