There is an old saying they preach at you in law school: "Hard cases make bad law." It is easier for legislators to make absolute rules than to make subtle distinctions. And such rules are easier to enforce. Not sure where I come down on this issue, but sometimes game wardens and their departments, (whom I do admire) can act like what comes out of the south end of a northbound chicken. One example:
Down here on the South Texas coast, we have some really shallow bays--mile after mile of water from
6 inches to 2 feet deep. On a warm day, the speckled trout and redfish will get up in the shallows to feed. Now, we also have very few days in a year where the temperature drops below 32. But every once in a while, we get hit by an Arctic cold front of epic proportions. So back in the early 'eighties, one of those babies blasted in and kept the temperature below freezing for over a week. Near zero at night and teens during the heat of the day. Redfish and specs were caught in the shallows and froze to death by the millions.
We also have--and had then--lots of really poor people in the area. So, seeing a gift from God, they ran down to the beaches with washtubs and baskets, picking up the stunned and dying fish--to eat. So what did Parks and Wildlife do? Ticketed them as fast as they could and made them dump the fish--to rot. Not certain whether it is true or not but it was reported that State officials even brought in extra wardens from counties to the north--to aid in enforcement.
True, the two cases are different, but I think it goes to show that a little discretion in law is an important part of getting the citizens to take laws seriously and WANT to abide by them!
Russ
