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Fly fishing for snakeheads

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Fredrick

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On 10/4/2020 at 8:18 AM, afishinado said:

+1   Agree ^

I have better things to do with my time then to troll people on a forum unlike afishinado (Tom) here . People these days just don't like be presented with facts if it conflicts with what they believe or were told previously. Probably why we have a problem with cancel culture these days as well .    

Edited by Fredrick

" Rule #1 Fish where the fish are, Rule # 2 Fish where the fish are ."  Jack Gartside. 

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" .... don't like to be presented with facts ...."  Well, Mr. Odenkirk is doubtless well versed in snakehead biology. I am sure he knows the law in his home jurisdiction. However, your representation that no state can require the killing of snakeheads is an opinion of law. Mr. Witek has put New York State's law up for all to see.  If you can cite a case holding the New York regulation unlawful, I'll read it with interest (I am also an attorney) but short of that, you're simply wrong.

 

Got a case? It need not be a string citation, any citation to an official Reporter will do.

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Brian I’ve met and talked with at least 5 conservation officers three were from different states .And I asked them all can the government make you kill something . And they all said the same thing ,no government can force you to take a life .So are the ones that get paid to enforce the law wrong as well as Odenkirk ? 

" Rule #1 Fish where the fish are, Rule # 2 Fish where the fish are ."  Jack Gartside. 

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On 9/28/2020 at 11:02 AM, CWitek said:

Yes, we are in the same country, but that country is based on a federal system and a Constitution which reserves certain enumerated powers to the federal government--and managing snakeheads is not one of those powers--and leaves all other powers to the states, who can set any laws that they want, provided that they don't violate the US Constitution..  If you want to get an idea how that works, try ordering a drink in New York, Utah, and a few different counties in North Carolina, and compare how the laws in just those three states differ.  As an attorney licensed to practice in both New York and Connecticut, I can assure you that the laws of even two neighboring states can be substantially different.

 

If you really want to "educate" SOL members about snakeheads, don't just tell us that there is "proven evidence aka published research."  Provide us with at least the abstract to the papers that you reference, so that we can read them and "educate" ourselves.

 

Always willing to learn something new, but that requires reviewing the data, not just believing someone's unsupported claim that it exists.

I may not be an attorney but this article makes an compelling argument 

 
Recognition of a constitutional right, of course, does not mean that the right can never be infringed. Rather, as with most rights, the constitutional right not to kill can presumably be trumped by a sufficiently compelling government interest and a narrowly tailored law. In the vast majority of cases, however, the government will not be able to meet this test, leaving individuals free to decide for themselves whether they are willing to participate in government-sanctioned killings.

https://law.emory.edu/elj/content/volume-62/issue-1/articles/constitutional-right-not-to-kill.html

 

" Rule #1 Fish where the fish are, Rule # 2 Fish where the fish are ."  Jack Gartside. 

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On 10/5/2020 at 6:21 PM, Fredrick said:

Brian I’ve met and talked with at least 5 conservation officers three were from different states .And I asked them all can the government make you kill something . And they all said the same thing ,no government can force you to take a life .So are the ones that get paid to enforce the law wrong as well as Odenkirk ? 

Phrased as you phrase it, I'm not surprised at the answers you got.

 

Show a New York DEC officer, or a park ranger, the regulation printed above. Ask if this is legal, if NYS can really require you not to release a snakehead. See what answer you get.

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No we didn't eat the fish and they taste delicious 

*

Edited by TimS
Please don’t post commercial links here - we don’t allow it - thanks.

" Rule #1 Fish where the fish are, Rule # 2 Fish where the fish are ."  Jack Gartside. 

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