[ Reply | Next | Previous | Up ]
From: NPS Ranger
Category: Fish Report
Date: 07/14/01
Time: 02:09 PM
Dear Sir,
I write to respond to your Trout Reg. report.
I am Mr. NPS Ranger who checked your cooler that day and informed you about the new North Carolina Marine Fisheries regulation regarding Gray Trout.
I am responding to your Report in order to disabuse you of a few inacurate statements you made regarding NPS Rangers and their function on South Core Banks. You may not be aware that it is the duty of all Law Enforcement Officers (Rangers, Troopers, Police etc.) to be the first line of interpretation of a law as it is written. Once an officer intreprets the law to a specific circumstance and applies his/her discretion in deciding whether a Violation has occurred, the next step (if the violator opts to not pay the fine, if there is one) is to have the court interpret the law as it applies to the specific circumstance. NPS - CALO does not make up its own rules, but rather enforces federal and state regulations as they apply to the Core Banks environment as best as we can (i.e. surf-fishing as opposed to vessel-fishing).
I appreciate your mention that I was "etremely nice" to you and your son. Indeed, I remember the encounter well and thought you had raised a very good point about your vehicle not being a "vessel," which I agreed with (and therefor did not check it for proper safety equip., etc.). Additionally, I informed you that since the Reg was so ambiguous I would be checking with the source of the Reg, NC Marine Fisheries, on how they would apply the Reg to surf-fishing as opposed to vessel fishing, which I have done.
A NC Marine Fisheries Officer stated that: for surf-fishing, when a vessel is not involved, "groups" as defined in the regulation, would apply to those individuals sharing a cooler. The presence of a vehicle has no ramification on the Reg. (as you correctly pointed out to me that day).
Accordingly, all NPS Rangers have agreed to follow this NC Marine Fisheries approach and all fishing on the CALO can be assured this is how we will "intrepret" the Gray Trout Reg.
I hoped this helped. Be safe and Happy Fishing.
NPS Ranger