Catch and Release, Conflicts in Colorado revised statutes

Please look below at the Colorado Revised Statute 33-6-128 regarding
the destruction of nests and the harassment of wildlife.

1) Conflicting regulations for fishing aside, do you think that pure,
unlimited catch and release fishing a violation of this statute? Why or
why not?

http://198.187.128.12/colorado/lpext...ced&2.0#LPHit1
(1) Unless permitted by the division, it is unlawful for any person to
willfully damage or destroy any wildlife den or nest or their eggs or
to harass any wildlife. Any person who violates this subsection (1) is
guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of one hundred dollars and an assessment of ten license
suspension points. For the purposes of this subsection (1), nothing
shall prohibit the removal of wildlife dens or nests when necessary to
prevent damage to property or livestock or while trapping.

2) Another regulation 33-6-119 in Colorado deals with wasting game
meat. Is a fish that dies after being released while practicing pure
catch and release fishing a violation of this statute? Why or why not?


33-6-119. Pursuit of wounded game - waste of edible game wildlife -
use of wildlife as bait. (1) (a) Except as provided in section
33-6-116 (1), it is unlawful for any a person who shoots at, wounds, or
may have wounded game wildlife to fail to make a reasonable attempt to
locate the game wildlife suspected of injury and take it into his or
her possession. Any A person who violates this paragraph (a) is guilty
of a misdemeanor and, upon conviction thereof, shall, with respect to
big game, be punished by a fine of one hundred dollars and an
assessment of fifteen license suspension points or shall, with respect
to small game, be punished by a fine of fifty dollars and an assessment
of fifteen license suspension points.

My personal feeling is that pure catch and release fishing is a
violation of both of these statutes. Fishing to catch and kill fish to
eat, is protected, obviously, but, when the intent of these statutes
are violated merely for the act of sport, it should not be allowed.
Some provision for harvest must always be maintained. If a fishery can
not withstand mortality incident to catch and release the fishery
should be closed.

What are your thoughts?

Thanks very much,

Halfordian Golfer
It is impossible to catch and release a wild trout.