GULP ?

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jkrunningdeer
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2010/10/06 13:34:20 (permalink)

GULP ?

I know this was talked about before (does this site have the ability to "search" topics like some other forums?) and was wondering if anything was ever resolved concerning the use of Gulp or Gulp Alive in artifical lures only sections of streams?
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    tull66
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    RE: GULP ? 2010/10/06 13:46:21 (permalink)
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    jkrunningdeer
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    RE: GULP ? 2010/10/06 13:56:22 (permalink)
    Thanks Tull I did a search or "berkley" and "Gulp" and nothing came up.
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    tull66
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    RE: GULP ? 2010/10/06 15:11:14 (permalink)
    Interesting question, I vote that it's bait since it has taste and smell.
    #4
    kayak99
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    RE: GULP ? 2010/10/06 19:49:31 (permalink)
    Gulp is artificial not live, never was, never will be. Google it and you'll see.
    #5
    Guest
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    RE: GULP ? 2010/10/06 20:11:35 (permalink)
    Here's a previous discussion on it: http://forums.fishusa.com/m_293803/mpage_1/key_/tm.htm#293917
     
     
    #6
    Esox_Hunter
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    RE: GULP ? 2010/10/06 20:17:21 (permalink)
    I still fail to understand why people come on an internet message board and ask for legal advice. It is obviously still not entirely clear; if you so deeply desire to use them in a DHALO section, call your local WCO. It will take all of 5 minutes and you will recieve the only answer that matters.
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    tull66
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    RE: GULP ? 2010/10/07 05:05:55 (permalink)
    ORIGINAL: kayak99

    Gulp is artificial not live, never was, never will be. Google it and you'll see.

     
    Like a marshmallow, hotdog, doughball, velveeta, etc.
    #8
    jkrunningdeer
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    RE: GULP ? 2010/10/07 08:26:38 (permalink)

    ORIGINAL: Esox_Hunter

    I still fail to understand why people come on an internet message board and ask for legal advice. It is obviously still not entirely clear; if you so deeply desire to use them in a DHALO section, call your local WCO. It will take all of 5 minutes and you will recieve the only answer that matters.



    I thought all of the "experts" were on here?
    #9
    rooo
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    RE: GULP ? 2010/10/07 18:58:38 (permalink)
    Funny, originally I was going to say there was no way it was legal, but after looking at the regulations:

    •Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood, or with flies and streamers constructed of natural or synthetic materials. All such lures may be used with spinning or fly fishing gear.
    •The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

    I'm thinking that the some could be legal (like the minnows, and minnow grubs), while items like the eggs and trout dough would obviously not be legal.

    Is it legal to spray a rapala with a fish attractant in a delayed harvest area? If so, I don't see what the difference would be with using a 'sauced' rapala or a gulp alive minnow grub.

    If any one does brake down and ask the fish commish, please post the result. Thanks.
    #10
    jkrunningdeer
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    RE: GULP ? 2010/10/08 08:59:21 (permalink)
    I called and spoke with a supervisor at the SW office. They informed me that you can use it if it doesn't include any natural ingedients,( HUH? The rule states, "Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood, or with flies and streamers constructed of natural or synthetic materials") and that it was the fishermans responsibilty to look at the ingredients to determine if anything natural was used during process.HMMMMMM????????

    All GULP products are prohibited.

    I then emailed Berkley and got a timely response from them.....

    Regarding your question as to whether we consider Berkley Power Bait natural or artificial, actually we don’t classify it either way. It is up to each state DNR (or Fish & Game) to provide its own classification as to what passes for artificial, and the classifications vary considerably from state to state. What is allowed in one state is not permitted in another state, and vice versa.

    What I would advise is that you obtain a copy of your state’s fishing regulation. If the regulation specifically state that Power Bait is not permitted in artificial water only (and some state regulations do), then you have little hope of beating the citation in court. However, if regulations are more broadly (and hence more vaguely) then you might stand a chance. There is, after all, no clear definition of what constitutes “natural” and “artificial”. At the very least, even if you lose, perhaps you can persuade your local DNR to be more proactive in letting anglers know which baits are not permitted in their artificial only waters.

    The bulk of these products are made from plastic polymers intermixed with an oil-based plasticizer. They contain both synthetic and natural colorants and flavors.
    This includes ground meals from various aquatic species including fish and shellfish.


    Sincerely,

    Berkley Customer Service - WLA
    #11
    Esox_Hunter
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    RE: GULP ? 2010/10/08 09:41:27 (permalink)
    See jk, I wasn't trying to be a richard about it, but now you have the correct answer. It doesn't make a whole lot of sense to me, however it is whatever the local WCO says it is. I wouldn't be very suprised if other WCO's from across the state gave a different answer.
    #12
    tull66
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    RE: GULP ? 2010/10/08 15:41:53 (permalink)
    That's why it isn't the WCO's interpretation that determines what is legal.  The WCO's enforce the law, not write or interpret. 
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    Esox_Hunter
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    RE: GULP ? 2010/10/08 16:09:55 (permalink)
    In theory, yes you are correct. However, it is up to the WCO to decide whether the action warrants a citation. Do you really think a DJ will listen to your case when the WCO sitting across from you gives his account of the action(s) and puts you in the wrong? It is pretty naive to think the answer would be yes. So then what; now you must appeal your case over using stinky rubber worms?

    That is why it is best to contact your local WCO's, like it or not they make judgement calls daily and your fate is in their hands.
    #14
    toad01
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    RE: GULP ? 2010/10/08 16:25:31 (permalink)
    so if i use a mister twister grub on a jig its legal but a gulp grub tail is not?? to me i see no difference a rubber minnow is the same as a gulp minnow

    SIZE MATTERS
    #15
    SonofZ3
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    RE: GULP ? 2010/10/08 16:34:12 (permalink)
    Except Gulp is (as stated above by berkely) made with pastes of fish and shellfish (read: bait) as well as artificial materials. Thats the difference.

    Support your local Fly Shop!

    OHWM
    #16
    toad01
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    RE: GULP ? 2010/10/10 09:17:10 (permalink)
    so glow bugs with fish oil on them is illegal ????

    SIZE MATTERS
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    SonofZ3
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    RE: GULP ? 2010/10/10 09:27:17 (permalink)
    I'm sure it depends on the WCO. If I was the WCO dealing with someone with fish oil on glo bugs they would get cited. Bait oils is a "similar substance" to bait paste and also is "edible".

    Powerbait is synthetic, just like gulp. Why isn't it legal? Because its bait.

    Support your local Fly Shop!

    OHWM
    #18
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