Conference wahoo::fishing-v2

My nine year old son and I had a fine day on a pond not too far from Peter-
borough, NH, on Saturday. We portaged into the pond, and for the whole day,
we were the only ones there. We caught a few 12" brookies on worms, trolled
streamers, and roostertail spinners which we cast to the occasional rises.

Then we stopped to have lunch, and of course, my son had to throw out his
worm and bobber. While eating, he got a couple of brookies, one of which was
almost 18", and 2 1/2 pounds. (we later found the fish to be really orange-
in the meat - definitely a 3 or 4 year old holdover). This fish was full of
sucker eggs - we had been watching them spawn in the shallows, dozens
of them, of at least 2 different sucker species.

After lunch, I told my son that if we could see a good mid-afternoon mayfly
hatch, we would get a lot more action. Then, right on schedule, at 1:30
the water came alive with mayflies, which cruised a few inches above the 
surface. I caught one, about 2 " long with the tail, and examined it.
It was a really beautiful bug, mostly brown and black, with a long double tail.
Soon there were thousands of them over the water, and the brookies began to
really show that they were there, and very hungry. Instead of occasional rises,
we now witnessed splashy expolsions all over the side of the lake we were on.
The brookies, all 12" or more, came straight up out of the water, and cleared 
the surface by six inches, falling back tail first. 

I threw out my dry fly line with a Lt. Cahill fly. The trout ignored it, and 
some actually batted it around a bit. But they wouldn't bite it. Then I
remembered that the bugs were darker colored, and I switched to an Adams dry.
The brookies went ballistic over this fly ! When ever I saw a rise, I cast to 
it, and they were just COMPELLED to grab it. For the next hour, we enjoyed 
C & R fishing like we dreamed about (we had plenty on the stringers). The great
thing about it was that my son and I shared this, and I was able to hook fish
on the flyrod, and let him fight them in, to get a feel for flyfishing. Needless
to say, he can't wait till our next trip. He even said a Thank You prayer for
the great time and the great fish.

We saw a wild turkey, several red-tailed hawks, and a couple of resident loons
(who seemed always to be diving right where the trout were located). We even 
heard an owl hooting not far back in the trees - and not another boat on the 
pond. 

Ya know, sometimes I realize that these are the good old days !
                                  ------

tight lines (and screaming drags)
Dave

                        Pemigewasset River
                           Bristol N.H
                            15-MAY-92

    It was 4:10 AM when I set out to catch breakfast that would hopefully
    consist of small rainbows and browns.  They've been schooling around
    a sandbar a short distance upstream from the RT 104 bridge for over a 
    week. The sky was cloudy therefore it would keep the sun at ease for 
    a bit longer that morning.  Everything looked perfect. They were rising
    all around me.  I knew this would be a productive morning and it was
    trout and scrambled for breakfast.  I'd hit the rise with small (1/24 
    to 1/16 oz vibrex) spinners.  They had no problem finding these lures 
    the second they began spinning.  After about 1-1/2 hours and 12 trout
    landed of which I kept the bleeding ones, my high quality Mitchell 310
    bail wouldn't stay open when latched.  It's only 10 hours of use old.

    It was only 5:45.  Too early to return to the camp and begin breakfast.
    Why not try some crank baits on the opposite side of the river from the
    sandbar.  It drops off nicely there with alot of rocky areas.  I pulled
    out the large 1-minus and put it on the medium action Shimano rod/FX200
    reel combo ($22 @ K-mart plenty of use w/o failure).  First cast this
    year with the 1-minus sent it clear into the woods.  Luckily I
    retrieved it without having to leave the boat.  Re-positioned myself
    off shore to try it again.  This time it was hit lightly by a rather
    large fish who came up from 20' below.  It didn't really put up that
    much of a fight until it realized it was hooked.  Then all hell broke
    loose.  It broke water twice.  I couldn't believe my eyes.  Could it be
    the "wall fish"?  When I got it close to the boat it didn't want to
    have anything to do with me.  A few dives later, it was laying on its
    side next to my boat enabling the pick up.  This smallmouth bass 
    weighed in at 3lbs, 13oz. I replaced the De-Liar with a digital scale
    without a tape so that's it for specs.  Did have a disposable camera. 
    What a great piece of equipment for the tacklebox. Captured on film 
    and released.  Not a quite a "wall fish" but not a bad way to begin 
    the weekend (a day early).

    re: 163.1
    
    Thanks, for the memories.  You truly brought tears to my eyes.
    
    Mike
    

Here is the story of one of the more interesting fishing trips I've taken.

On 20-May-1992 at about 6:00am, Bruce & I headed out to Stellwagen Bank on
his boat "Sweet Dream II".  We started fishing at about 7:30, having stopped 
along the way to check out a fleet of draggers.  Anyhow, once on the bank, we
started nailing nice market cod, 5-10# class.  This continued until about
9:30 or so.  There were fish on the LCD but they were not feeding.  We heard
some head boat captains talking about this phenonemon and they said the fish
would start feeding again in the afternoon.  So, for the next 4 hours or so,
we'd pick or snag a fish here and there.  About 1:30, we started getting into
some more consistent action with nice market cod and pollock.  BTW, the macks
were not very thick, I think we got about 18.

The whales were all over and you could see them breaching, leaving big patches
of white water.  If one breached much closer to the boat, we might have gotten
wet.  Anyhow, I was jigging when the line started to vibrate.  Suddenly, the
4/0 is being spooled by a large humpback!  Burce managed to cut the line before
the reel was empty.  I picked up the backup rod and continued fishing.  Knowing
that something didn't feel quite right, I reeled up with my jig and 300+ feet
of mono.

I can now begin to imagine what that bluefin will feel like!

Tim

re: last:

A point to note, particularly to John HC and the "lifeless Stellwagen".  The
fish caught off soft/sand/mud bottoms were GORGED (BIG bellies) on sand eels.
I was pulling fistfulls of eels out while gutting the fish.  The ones caught on
the hard bottoms had clams, mussels, crabs and rocks(yes, rocks).

Tim

I fished Tilles Bank a couple of weeks ago out of Newburyport on
the Capt Lew and cleaned up on market sized cod.  A buddy picked
up a nice haddock (just over 5 lbs) too.

When I was cleaning the fish I decided to check out some stomach
contents and found mostly shrimp inside the cod.  No wonder we did
better than others on the boat; we were using shrimp bait along with 
clams (besides the fact that we were superior anglers ;-).  The captain
said shrimp was probably THE best cod bait this time of year.
Never used em before.  Tough to keep on the hook though, which is
where the tougher clams came in.

The stomach of the one wolf fish contained mostly sand and small 
rocks, and shell fragments.  Closer inspection would probably reveal
shellfish meat too.  That sucker was tasty!  Like shellfish really.

Ken

This is a belated fishing report from last Wedenesday, May 20.

I went out on the Yankee Fleet's Yankee Pride II for a full-day trip. Left
at 7 am. They decided that day to fish Tilley's Bank instead of Stellwagen
since they had such a poor day at Stellwagen the previous day.

Took two hours+ to get to Tilleys. The weather was beautiful. Flat calm, sunny,
lots of porpoises around us. We drift fished the whole day without needing to
set the anchor which saves lots of fishing time.

It was still a pretty poor showing. We picked away at fish on every drift until
the captain saw no more coming up and then we'd move. The average catch per 
angler was probably around two fish each for the day. I got 10 just picking 
away with the jig. I caught and kept cod, cusk and mackeral. The biggest cod
I got was 5 lbs. The pool winner was a 20 lber and the guy also got a haddock.
The winner was a crew member who was on his day off and he fished the bow.

I fished in one corner of the stern (my favorite place) and stayed out of
tangles. I think the pool winner got both the big cod and haddock on the jig.
I used the jig and a couple of white fresh-water grub teasers and did ok. The
bait fishermen waited long times before hits. We threw lots of shorts back.

All in all it was a fun day, but the fishing is clearly poor on the party boat.
The mate confided that it's been pick-pick-pick all season.

Next time I'll go with Bruce Sweet if I can schedule it. Nothing beats a 
charter with someone who knows what they're doing.

Art

Sounds about like the day we had on Monday the 18th. Kind of a slow pick 
most of the day.

leo

p.s. now that I'm SERPing, maybe I should talk to Bruce, too. hmmmmm

    How far are the blues these days? I plan to fish a charter out of
    the Glouster area the 3rd weekend in August and I'm wondering if they are 
    that far up yet, beyond this point or if I'll hit it just right
    as I did a few years back! 
    
    Any info here?
    
    Thanx, Dave'
    
    

    blues are all the way up to maine.....

    Well trip is set for Tomorrow night on the Yankey Fleet out of Glouster
    for blues.
    How's the fishing been there? I haven't heard a thing which could be
    good or bad.
    
    Anyone been lately and have any big fish stories to tell?
    
    Any info appreciated!
    
    Dave'
    

re:                     <<< Note 163.11 by RESYNC::D_SMITH >>>

I've heard that they have to travel 10-15 miles out [to Stellwagon?]
to find them.   Reports I've read is that they are in an annual
summer spawn, implying they are not "everywhere".

Ken

    Here's a tail of woe for you;

    Last Sunday I got together with a friend of mine - early - and we took
his bass boat out onto the Conneticut River to do some fishing. The Conneticut
is not the quality of water I'd want to keep/eat fish from but I'm not all
that into keeping the catch anyway and a day afield is a day afield. We worked
our way up river and ended up under a R/R bridge catching Rock Bass and Small-
mouth Bass. Well Garry says 'looks like we might have a good day after all;
lets put the fish into the livewells and see how we make out' so with the
intent of releasing our finned friends before the end of the day we started to
do just that.

    I'd been getting bites from what I suspect was the same fish for some time
and finally got a hook set and found myself connected to a good sized bass!
Well when I was putting it into the livewell the cover closed onto AND BROKE
my #2 favorite rod!      No problem - damage done; I switched to my FAVORITE
rod  and continued fishing.

    We caught a couple more and then moved on up stream well we no sooner
start to drift and fish the shoreline when the Environmental Police motor up
along side - NO PROBLEM; licenses? "Sure", registration for the boat? "Sure"
got fish on board "Sure; we're going to release them later though.", any Bass?
"Yup.", what size? "Don't know really; some small some not-so-small; we're
going to release them before the end of the day.", can we see them? "Sure"

Well we hand over the first bass, they whip out a tape measure and inform us
that the fish is one inch under the legal limit for bass..... We tell them
AGAIN that we're not keeping the fish... "Why do you have them in the live
wells then?" they ask to which I respond along the lines of 'that's just the
way it is with live wells and a new boat.....'
So we hand over the rest of the fish, they measure them, take notes on their
size, and toss them back into the river... I hand over my 'nice one', they
measure it, ask me if I want it back (it's legal) and I say 'NO! like we've
told you we're throwing them all back anyway.....". So what do these two fine
outstanding Environmental Police Officers do?!? THEY WRITE EACH OF US UP FOR
POSSESSION OF UNDERSIZED BASS --------------- $50.00 FINE   **EACH** !!!!!

I'm going to appeal and so is Garry because we weren't in violation of the
spirit of the law and we told the officers what our intention was etc. etc.
The very most those two Fine Environmental Police Officers should have done
was to write us up A WARNING   b u t   N O ! They've got a chance to pick our
pockets so there it goes.....   MAKES ME MAD!


    Made me so mad I went to the library and looked up the law;


    Quoted from 321 Code of Massachusetts Regulations 4.01:

          "(10) The taking or attempting to take fish other than at a     "
          "time provided herein or the possession at any time of a greater"
          "number of fish or of fish of a length less than provided in    "
          "321 CMR 4.01 or the possession of a fish at a period other than"
          "so provided shall be perma facie evidence of a violation of 321"
          "CMR 4.01, provided, that the taking or having in possession of "
          "any fish of a length less than as provided (in) 321 CMR 4.01 if"
          "taken by a person lawfully fishing and returned alive to the   "
          "water from whence it was taken shall not constitute such a     "
          "violation.                                                     "


    Well! Seems to me that not only are we innocent of any violation of the
SPIRIT of the law but we're not in violation of THE LETTER OF THE LAW either!
The fish were 'taken by a person lawfully fishing' and they were 'returned
alive to the water from whence (they were) taken'  and the LETTER of the law
says that that 'shall not constitute such a violation.'

    To top the whole damned day off when we were motoring at full throttle
towards the boat ramps we slammed over a couple of good wakes and I broke
MY FAVORITE - not in production anymore - fishing reel!!!!!      =(

    Damn! $47. for the rod, $50. for the ticket (ain't payin'), $40.+ for
the reel .................   $140.00 to fish the Conneticut River from 8:00am
to 2:00pm                           F.U.N.     !!


                     Let's hear YOUR opinion about this!

---

Joe Whittemore - From where the Westfield
                      Meets the Westfield
                         By the Westfield
                            In Huntington (MA)

                      whittemore@wfodev.enet.dec.com  
                    jdw%sniff.wfo.dec.com@decwrl.dec.com
                        ( 25-SEP-1992 09:31 am EST )

    re: .last
    
    'lets put the fish in the livewell and see how we make out.'
    
    I don't get it. Why didn't you just keep count? I think the EP were
    a bit heavy handed with the fines, but, that really doesn't sound like
    a very good excuse for having undersized fish in your well while
    running back to the ramp. I bet the EP hear that sort of thing all the
    time.
    
    				Robert.

    re: .-2
    
    	sorry about that - you weren't running back to the ramp when
    bagged. Still, it seems an odd reason to have fish in the well!
    
    			Robert.

    Tough break.  I agree with you that you should not pay.  I don't know 
    how it works in Ma when an EP ticket is not paid and is protested.  But
    in CT, if the ticket is protested, you get a court date.  According the
    CT EP, they don't prosecute because it costs the state too much money.
    So they just let it go for the small offenses, tickets of $40-$60.
    
    Next time, just keep count, as previously suggested.
    
    Greg

    More costly than you ever imagined..
    
    I don't mean to be the barer of BAD NEWS
    
    But if you are found gilty. You not allowed to purchase a fishing
    or hunting license for a year...
    
    I am not absolutlel sure of this but it was true in 1971
    
    I couldn't fathom going a whole year not fishing I know how much
    you like to fish, Joe.
    
    You might consider hiring a lawer.
    
    You might ask him to use every stall tatic he knows.
    
    FYI. Bear

    I know a guy who didn't pay a fishing related fine in MA.  A 
    few years after the fact, he was stoppped for a minor motor 
    vehicle violation, and spent the night in jail because there 
    was a warrant out for his arrest.
    
    Win or lose, you've got to resolve it.  Just not paying really
    isn't an option.
    
    Rick
    

    	I really hate to be the guy to say this... But...  You had
    undersized fish in your possession.  I think they've got you......
    
    					B.C.

    	Sounds like the law has some latitude since they don't specifically
    say "returned IMMEDIATELY". It also sounds like this is going to
    come down to whether the judge chooses to believe whether he thought
    you were really going to let them go based on your reason for keeping
    them.
    
    	Not to stick up for the EP, but they were just doing their job.
    They don't know anything about you. They can't decide in that brief
    encounter if you're a poucher or not.
    
    	RAYJ

    I'm surprised the EPOs were playing Game Warden.
    Earlier somewhere there was a note about somebody being checked for
    PFDs by an EPO. This makes no sense to me at all. Both the Merrimack
    and the Connecticut Rivers have enough real problems due to ongoing
    illegal effluent and dumping that it strikes me as really sad that they
    are spending their time checking up on anglers. It's not like the river
    is going to be systemically damaged by somebody legally or illegally
    hanging onto bass. (I mean systemically damaged in the way that is
    *supposed* to concern an EPO.)
    
    I didn't know there was a limit on low-level exotic fish like bass.
    
    What *is* the limit?
    
    John H-C

 I would not be surprised if you were found to be in violation of the
statute, Joe, even though I know you fully intended to release the fish.
I hope you have some luck in the hearing, because you might need it. On the
other hand, they are pretty laz about the real problems, so you just might luck
out.

 The Doctah

 PS- What's the new rec.group on fishing?

    re: .last
    rec.outdoors.fishing
    
    
    		Robert.
    

You are definitely in violation...What happens if the fish dies in the
livewell?  You'd be penalized in a tournament, even if you're going to release
it.  Why subject the fish to the stress of a livewell if you're going to
release it anyway?

Trust me, I'm friends with a game warden.  They hear your story 10 times a 
week, or more.

Tim

re:.13

>>mouth Bass. Well Garry says 'looks like we might have a good day after all;
>>lets put the fish into the livewells and see how we make out' so with the
>>intent of releasing our finned friends before the end of the day we started to
>>do just that.

  I find it hard to believe you would keep caught fish in the LiveWell for
  extended periods to just admire the total "catch-of-the-day" then release
  them later.  I think it's too much a risk to lose them this way.  I try
  my best to release them as soon as possible after admiration is absorbed.

  I find it just as rewarding to measure/weigh them all and take photo's of
  some of the more "credable" catch's-of-the-day.

  I'm still sorry you were caught and stuck with a stiff fine but I tend
  to agree with .13 as it really sounds like a common story the EP would hear.

  Good Luck on your fight
  -< Tuna Tail >-

    Hell throw them back after looking at them, that way if its the only
    fish around you may catch him 3 or 4 times or he may go get his friends
    and tell them there is "free" bait.

    Seems to me that the phrase "from whence it came" means where you caught it,
not up river, or back at the ramp...

    You're intentions may not have been dishonorable, but your implementation 
was severely flawed...  An expensive lesson...

    Sorry to hear about your tackle though... that's rough...

    If it makes you feel any better, I trashed 2 props this past weekend in an
impound north of Sacramento, CA.  Cost to repair is about $45 each...

Al

    Hey Joe! If you need character witnesses, drop me a line. I'll testify
    that you're a dedicated c&r guy who'd never whack a short bass.  With
    luck you'll only get the chair ;^)
    
    If that statement about losing the right to fish/hunt (nevermind the
    50 bucks) is correct, you have to take the position that This Is War!
    It shouldn't take too much imagination to convince a sentient magistrate 
    that the regulation - as worded - is too vague to enforce in your case. 
    The spirit, if not the letter, of the regulation is to prevent the "taking"
    (ie: death of) undersize fish. Apparently, in your case, none of the
    shorties were "sleeping" when returned to the water. Therefore, there
    was no "taking", and therefore the spirit, again - if not the letter, 
    of the regulation was not broken. No foul, no crime.
    
    Besides that, it would seem reasonable that such a heinous crime can
    only be prosecuted with hard evidence, eg: the short bass. You should
    seek a writ of "corpus nogottem" ie: make the EP prove there was a victim.
    
    Then throw yourself on the mercy of the court...
    
    I've often transported under-sized bass - to my own wee bass pond -
    where they grow up while keeping the bluegills and frogs  under
    control. Does this  mean that I'm violating the law when I transport
    them, but not after I've planted them? Or am I still in violation - as 
    said fish - although now much bigger - are still in my  possession? Not
    to mention their undersize offspring - I suppose the  enviro-cops could
    frisk my pond and strain up a whole bunch of  "evidence" - and who is
    to say what I planted or what is "home grown".  
    
    Joe, if things get nasty, ask the hearing officer how he'd deal with
    that! It might demonstrate just how vague the regulation might be
    (lemme know what his answer is ;^)
    
    /dave (searching_for_my_copy_of_the_reg's)

    Dave, if you were caught transporting short fish to be introduced into
    a different pond you would have two violations. One for short fish and
    one for transporting said fish for illegal introduction into another
    pond. So you would be in deeper doo doo. 

    I get the impression some people ought to take a half an hour and
    re-read their abstracts. Although the abstracts do not cover every law,
    they certainly cover these two. 

    Rich

    	I totally agree with Rich.  Transporting is really easy to find in
    the abstracts...  It's right there under the PROHIBITED title.
    
    					B.C.
    

    1st - I really appreciate the feedback on this issue. Although the majority
           of the responses might not be in line with my point-of-view they are
           no less enlightening.

    2nd - I've since re-read the abstracts and noted that the limit on bass is
           12' - the limit on KEEPER bass. No where in the Abstracts does it
           mention taking 'shorts' for a boat ride.......

Dave,

    Thanks for addressing the 'letter' of the law; it's the main argument I'll
have to make - The fish were caught by someone legally fishing and returned
alive to the water from whence they were taken.....

    Why were we putting the fish in the live wells anyway? Well Garry picked
up this, his first, boat this past spring and every time we've gotten together
there's been one problem or another - it's an old boat..... Anyway he finally
broke down and cleaned the carb. etc. and we headed out with it running like
a champ. Well mechanical BS finally out of the picture it was for all intents
and purposes our first time out in the new boat - catching fish - so we took
the opportunity to play with the live wells as well. Maybe, in retrospect, not
the smartest thing to have done - no harm intended none done - and, to my way
of thinking this in no way represents a violation of the law sufficient to
warrant $100.00 in combined fines!

    I can't lose my license for requesting a hearing. I could lose my license
(and right to fish in the common-whealth) IF I were to go to trial and be
found guilty and have some zealot of a Judge impose the maximum..... ('What're
you in for kid?' ....... 'Possession of short bass ..... Wana' make something
of it?')   NOT likely.


    Anyway - the tickets are in the mail with the 'request a hearing' box
checked and I'll keep you all posted on the outcome.

    I wouldn't really worry too much about loosing your license for having
    shorts in the boat.  A friend of mine was cited for drinking beer on
    the States precious Quabbin Res.  He was fined heavily (about $160),
    but never lost his licence.  Boy, am I glad they never checked my
    cooler that day, I saved $160 and learned a valuable lesson  :*)
    
    Gone fishin
    Gaff

    I read that quote from the book on the law several times... had a tough
    time understanding what they were trying to say.  (Keeps XXXX's busy
    writing legal stuff up so that most of us can't understand it, it
    maintains a legal advantage for them that way).  I don't know why
    they can't write things in normal English other than for my above
    supposed reason.
    
    Anyway, IF the letter of the law said that posession of the fish con
    stituted a violation then they had you legally.  I do bet that one
    of the most common answers they hear is 'Oh, we were going to throw
    them back"  so I can understand them not believing that line even if
    it was true.  YOU know they were going to be thrown back but they
    didn't.  I can understand WHY you put them in the livewell, but for
    legal reasons it was risky as you found out.
    I agree with Rick.... don't let it go... RESOLVE IT!
    
    Sorry you had a bad day like that, believe me all of us do from time
    to time.
    
    Jeff

    Lisen up everyone.
    
    	The way it was. If you are found gilty Of any Game/fishing laws
    you are not allowed to purchase a Hunting/fishing license for 12
    after being found gilty.
    
    Years ago ( 1971 ) when I firsted moved to Mass I read the laws. I
    studied the laws. I missed the color (blaze orange ) I was to
    busy tring to figure out how big 500 square inches was.
    
    I was Taught red was a safe color.. I figured out how big 500 square
    inches was and missed "ORANGE"
    
    I was found gilty.
    
    I did not have Lawer.
    
    I found out how little the judge will listen to you with out Lawer.
    
    I found out I was not allowed to by a license for 12 months.
    
    Purhaps the Law has changed but I doubt it.
    
    There is no GAME law that says you can't drink on Quabin.. I think it
    must be some other kind of law??? maybe???
    
    Then again maybe we violated the law again when we bought the next
    years license?? maybe it is in the small print when you sign the
    license???
    
    I don't know.. I sugest if you ever are given a citation
    to look into it.
    
    It just might be important.
    
    Sincerely,
    Bear
    
    Oh one last thought . You can always go out of state.
    

Any weekend reports on striper/blue activity in the Merrimack?

I might be so inclined to take my little "tin can" back out there.  Hey, 
Lucia....you up for it?

Joe

Not this weekend, thanks...

    
    On the weather this morning, they called for "gusty" winds pretty much
    all week long.  I had hoped to head up to merrimack/gloucester on
    either thursday of friday, but it sounds like it could be pretty rough
    out there.  
    
    The bad news is that the season is drawing to a close.  
    The good news is that this helps me to justify a bigger boat next year.
    (I don't like bouncing around out there in my little 17', even if it is
    a Grady...)
    
    
    Jim

    Bear,

        I was going to reply to your concerns about my loosing the right to
    engage in legal sporting activities in the common-wealth via e-mail but
    as you've posted the same basic concerns as you addressed to me through
    e-mail I'll respond in this public format;

        The process is such for 'non-criminal infractions';

        - Get written up

        - Pay the fine within 21 days and that's that - no record no impact
              on your rights as a sportsman.

                      OR

        - Request a hearing before the 'Clerk-Magistrate'

          This is also known as a 'Show Cause' hearing and involves NO
              Judge, NO Lawyer(s), NO Jury etc. etc.    You (the accused)
              state the reason(s) you feel there is no cause for the
              citation and the Officer states the reason(s) he/she feels
              there IS a cause for the citation.

         The Clerk-Magistrate then decides whether the citation will stand,
              be withdrawn, or if some other resolution should be reached.

         IF the officer does not show up the citation is 'thrown out'.

         IF the citation is allowed to stand as issued you (the accused)
              may request an arraignment and trial or may pay the fine.

         It is at an arraignment (if 'guilty' is plead) or at a trial (if
              'guilty' is found) where the risk of loss of privilege and/or
              jail time and/or heavy fines exists.

    My one other experience with a hearing before the 'Clerk-Magistrate'
involved a speeding citation and the disposition, which I accepted, was
that I could chose to take a $25. 'defensive driving' course (three weeks
one night a week   as I recall), the ticket would be filed without a finding,
no fine, no surcharge, no bad-driver-points etc. etc.



    Now - isn't this some fine weather for a foray up into the C&R section
of The Westfield?!?    AH yes!    As I left the house this morning the air
smelled of fall trout and forebode of days to come when a wool cap and gloves
would be worn in the morning along with insulated waders while the afternoons
would require no more than a tee-shirt.

    What's the best eating apple around? Macouen (I'm not sure on the spelling
but the pronunciation is 'Mac-kowen  or  'Ma-koon') they come ripe in mid-late
October and are best when 'early' and fresh - xcelent pie apples too!

RE: .34 and .38

	Just noticed your .34 message and a reply to you as the BEAR in .38

	Brings back happy memories on the Merrimack with you and Al back
	in the Good Ole Westfield day's.

	Always think of those early day's when I didn't have a boat and
	you's would take me and my son along for some great fishing with
	at times overnight camping in car's/station wagon's/trucks etc
	at Salisbury State Park. 
	
	Hope you doin well
	-< Tuna Tail >- aka Dick aboard the "FishTeaser"

    Went out on the merrimack last sunday and got 6 blues, all around
    15lbs.  Nice big fish and in the river around the toothpick on the edge
    of Joppa flats.  All fish were caught in the am (before 11:00) before
    the sun came out and the boat traffic picked up.  We were trolling and
    the small (4 in) green rapalla caught the most fish.  Fish were caught
    on the incoming tide.
    
    Also got some schoolies on the outgoing.
    
    Gordon
    

re: -1
	Thanks for report.
	Was the water choppy in river, at mouth or beyond?
	Curious.

-< Tuna Tail >-

    Big wide apart swells (3-4') outside the mouth, no problem for a small
    boat; although I would watch it on the outgoing tide as it may pile up.
    
    The river was ok in the AM but started to chop up in the PM as the wind
    was blowing from the western quadrants.  Still was not a problem just
    got bounced around a bit.
    
    I understand that the blues have been in everyday this week and have
    been big.  Also the schooies have been on the ocean front hitting
    seaworms and the usual stuff.  Looks like the blues and stripers are
    getting ready to pack it in and head south.  The big cows should be
    coming down from the north soon.
    
    Gordon

re: -1
	Gordon,
		Thanks for the details.

		I will provide boat help to 6 DES divers on Oct 11th at the
		Southern tip of Plum Island to do a survey of the Parker River.

		I may be launching from the Ipswich Yaucht Club if I can
		get directions?

		They will be done 2hrs before High Tide so I can do some
		fishing then.  I haven't fished this area before so could
		use any pointers.

	-< Tuna Tail >-

    RE: .-1
    
    Although I have no first hand knowledge of this area, I hear that it's
    real good striper fishing.  The Rowley river empties into the Parker
    river and I hear it's real good there also off Grape island there's a
    lot of rocks (structure) and deep holes.  They do well on the outgoing
    tide.  Most guys use eels (live); but I bet any of the traditional
    striper stuff will work.
    
    Gordon

re: -1
	Gordon appreciate the pointers
	Will let ya know how I do if I don't get lost out there.
-< Tuna Tail >-

    I think I'm gonna get one last shot up in Maine this weekend.   Any
    info on the Mid-Coast area near-shore situation?   With my luck I
    have a feeling I might be hitting it in the gap after the exodus
    of the Summer gamesfish, but before the bottom fish come closer to
    shore.
    

Re: 163.13 etc.


    Tomorrow is my 'Show Cause Hearing' - Northampton District Court.

    I'm bringing my check book; public opinion is running 2:1 in, for lack
of a better term, 'favor' of the fine.

    Now; to help offset the fine (or pay for the acquittal party) I'm making
book at 2:1 fine vs acquittal/warning....... Anyone want a piece of the action?



                        O N L Y   K I D D I N G   !

               W H A T   D O   Y O U   T H I N K   I   A M   ?

                 S O M E   K I N D   O F   A   C R O O K   !



    I'll post the outcome once it comes out ..... wish me luck (if you're
so inclined).

---

Joe Whittemore - From where the Westfield
                      Meets the Westfield
                         By the Westfield
                            In Huntington (MA)

                      whittemore@wfodev.enet.dec.com  
                 [ jdw%sniff.wfo.dec.com@decwrl.dec.com ]

Garry and I show up at 10:25 for my 10:45 hearing (Garry's was scheduled
for 11:15 - I'd requested that they be held at the same date/time). We're
called in at around 10:45, officer Adamski tells his side of the events
of 'the day' - read from his notes, sizes included, I told ours - pretty
much as I did in 163.13; I read my photo copy of the law, the clerk said
(I paraphrase) "I'm bound to a very narrow interpretation of the law ....
.... don't believe any malicious intent ..... sure you learned a lesson ..
... charges dropped.

It took a little longer and more was said but the essence is here....

So we leave the court room, drive up the street to a diner, pull over
to the curb and park, go in for a cup of coffee, come out five minutes 
later and find A FIVE DOLLAR PARKING TICKET ON MY TRUCK!!!!!!!!!!!!!!!

Well now I wasn't really intending to PARK there ..... and I meant to put
a nickel in the meeter ..... and a literal interpretation of the law
would imply that .........

                   NO No no ....... I'll pay the $5.00

                             G L A D L Y !

Then we stopped at Valley Sporting Center and I saw an 8.5' 6wt Browning
Silvafex (or however it's spelled) on sale for $19.95 ...........    =)

If I didn't already own that exact rod I'd have bought it (and almost did
anyway.....)

---

Joe Whittemore - From where the Westfield
                      Meets the Westfield
                         By the Westfield
                            In Huntington (MA)

                      whittemore@wfodev.enet.dec.com  
                 [ jdw%sniff.wfo.dec.com@decwrl.dec.com ]