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Fighting for your Rights -Bowfishing Lake Houston

2M views 69 replies 31 participants last post by  ak 
#1 ·
I just wanted to update everyone on the status of bowfishing on Lake Houston. I sent Sgt. Tolan Harding, who is in charge of Lake Patrol on Lake Houston an email yesterday. He is in charge of enforcing the law on the lake, and as it is currently written, it is illegal to discharge a bow. It doesn't matter whether you are hunting or fishing, it is illegal.

Here is what I sent Sgt. Harding yesterday

Officer Harding,

I would like to start by saying that I have the utmost respect for law officers, and I have two cousins that are Harris County Sheriffs. I am writing you because it has been brought to my attention that Lake Houston Patrol is now writing tickets for Bowfishing on Lake Houston. I am an avid angler and have been fishing Lake Houston for over 20 years. I primarily fish for bass and crappie, but unfortunatly the gar population in Lake Houston have become so out of control that many of the small creeks and flats were bass and crappie were once found, are now overrun with gar. It is not uncommon to find 20 or 30 gar in a creek less than 200 yards long. They ambush any game fish that tries to come by and they eventually run the game fish out of that area. The gar have no natural predators in this region and no one fishes for them because they are considered a trash fish. The result is an overabundence of gar. I have tried many tactics to get rid of these gar, but it seems that the only method that is effective is to take them with a bow. I am not doing this for fun, I am doing this because if I don't, no one else will. I am doing this because someone has to do something to stop these creatures from damaging the game fish population in the lake to a point where the effects are irreversable.

I have contacted several city Council Members to see what it would take to get this ordinance changed and they were unaware that such an ordinance existed. I asked them what it would take to get this law changed, and one of the council members actually told me that this is not a priority and that they have more important issues to deal with. I was shocked that I got a response like that, but I was not discouraged. The council woman did not realize that I have an Uncle who is a retired lawyer and an avid angler. I spoke with him and he looked up the regulation that prevents bowfishing, and he thinks that it is a law that prohibits "practicing archery" in Lake Houston City Park. He said that if that is the case, the law is being missaplyed to bowfishing and that giving a ticket to a bowfisher is violating the spirit of the law.

I just wanted to find out if this is the law that is being used to ban bowfishing on the creeks and tributaries that feed into Lake Houston?

If this is the statute that is being used, I was wondering who I can contact at HPD so that I can have an officer come watch me safely discharge my bow and issue me a citation. I am going to put an end to this nonsense, and after I receive my citation we are going to file suit against the City of Houston Parks Department. Texas Parks and Wildlife recognizes bowfishing as a legitimate way to attain non game fish, and the perch jerkers on the City Council should not be overriding TPWD decision. I think that it is ridiculous that HPD is going after anglers who are trying to improve the game fish habitat for all to enjoy. I know that change is not going to come overnight, but filing a suit will force City Council to do there job and reexamine the statute. I know that breaking the law is not the ideal solution, but even Martin Luther King had to spend a night in jail before he was able to enjoy his god given rights.

Best Regards,

Brandon

Here was his reply:

Thank you for your e-mail regarding bow fishing on Lake Houston. Currently bow fishing on Lake Houston is prohibited by city ordinance. Specifically, Chapter 32, Section 32-34, "Hunting and Firearms" No person shall hunt any animal or shoot, fire or discharge any pistol, shotgun or rifle, other firearm or archery arrow in, on, along or across the parks. The provisions of this sections shall not apply to designated target ranges.
The waters of Lake Houston are considered a city park and as such are governed by Chapters 23 and 32 of the Code of Ordinances for the City of Houston.
Council Member Mike Sullivan is the Council Member for the Kingwood area that encompasses Lake Houston. City Council would have to amend Chapter 32 to allow discharging of an archery arrow on Lake Houston.
I can not endorse or encourage you to commit an act that would be a violation of city ordinance. However, if you are observed discharging an arrow in, on, along or across Lake Houston appropriate law enforcement action will be taken.
Please feel free to contact me if I can be of further assistance to you.

Tolan W. Harding, Sergeant
Houston Police Department
Tactical Operations Division, Marine Unit - Lake Patrol
281 324 2250 office
281 324 2764 fax

Here was my response, I am still waiting for him to reply. If he doesn't respond, I will contact Council Member Mike Sullivan. We are going to get this taken care of one way or another.

Sgt. Tolan,

Thank you for getting back with me. I have contacted several city council members, but have not yet contacted Councilman Mike Sullivan. I will try to go through him before taking this matter through the judicial system. Hopefully he will give this matter more consideration than the other council members I contacted. I have already began collecting signatures to take to the city council meeting and was wondering if all of the citations that were issued for practicing archery on Lake Houston are public record? I think some of the people who have already been fined would be interested in helping us fight this bureaucratic battle.

I would also like to get your input on how you think this ordinance should be amended to allow legitimate bowfishing, without putting the public safety at risk. I was looking at the ordinance and it looks like this law was intended to protect people enjoying the park areas, such as Duessen Park, from being hit with a stray arrow. This is obviously a legitimate concern and I would not want a bystander to get injured from an errant arrow from someone practicing archery.

However, the difference is Archery and Bowfishing are not the same sport. In archery the shooter is shooting an arrow that can travel over 300 yards. In bowfishing the arrow is actually attached to the bow with a string. Therefore an arrow can only stray as far as the line is long. Most of the gar, carp, and tilapia that are shot are within 10 yards of the fisher, and most bowfishing lines are 40 yards or less. Therefore if you are more than 150 ft from the archer you are safe. Bowfishing is also different from archery in that you are always shooting down, into the water. With regular hunting you are shooting at a parallel angle or upward angle, to hit an object that is generally above sea level. This allows for the arrow to have a much larger danger zone. Simple physics will dictate that by shooting at a downward angle you are greatly minimizing the "danger" zone.

Furthermore, I would like to point out that the areas where people generally bowfish are the shallow creeks and tributaries that feed into Lake Houston, and not in the main portion of the lake itself. These areas are generally to shallow for recreational boaters and the only people who are in these secluded creeks are people who are out there bowfishing themselves. In all actuality the only people who utilize these waters are bowfishers, and most of these areas are so overpopulated with gar that you can't even fish for game fish there anymore.

I have done some research and found that almost all of the Lakes in Texas allow bowfishing. TPWD views bowfishing as a safe and legal way to capture non-game fish. The officials that regulate Lake Conroe, Lake Livingston, and Lake Sommerville all agree with TPWD and allow bowfishing and I can not find one reported instance of where a bystander was injured due to bowfishing.

I think that while this ordinance has the publics safety in mind, its based on fear and not facts. The facts are that Bowfishing is a legitimate means to catch fish recognized by TPWD. It is beneficial to the local ecosysytem and helps improve the habitat for our game fish species. And there is absolutely no evidence that supports that there is a need to ban bowfishing on Lake Houston in an attempt to provide for public safety.

I would like to get your input on how you think this ordinance should best be amended to allow bowfishing, while still making the public feel safe? Do you think that it should be limited by location (ie. Allowed in any water North of the 1960 Bridge). Or maybe it can be allowed as long as there are no bystanders within 100 yards? I just wanted to get your input since you are an Angler and are on the lake everyday and probably know more about this issue then all of the members on the City Council combined.

Best Regards,

Brandon
 
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#32 ·
Reply from councilman Sullivan

I have been following this thread and wanted to also try and help the cause. Below is the reply from Councilman Sullivan to my email below his.

Thank you for contacting my council again on this issue.

I am not supportive of bow fishing on Lake Houston based on input from HPD, Public Works, and our Parks Dept. Matter of fact, city council recently updated the city's Chapter 23, which governs activities on the lake, and bow fishing was not one of the permitted activities.

Thank you

Dear Mr. Sullivan,

I am inquiring about the Park Ordinance (Ch 32, sec 32-34)in regards to archery in city parks(Lake Houston). I know you have been contacted previously about this issue but this means of taking fish is lawful in the rest of the state other than lakes totally surrounded by city limits. I would like to know is there some sort of amendment that can be issued to this Ordinance to allow bow-fishing on Lake Houston? I lived in Kingwood before the lake became a city park and bow-fishing was allowed. Now I moved back to Kingwood to find out that the rules have changed due to a ordinance for an actual city park. Any communication on this issue will be appreciated.

Thanks,
BT

From previous threads it seems he has had a change of heart.
 
#33 ·
I don't think he had a change of heart, I think he lied to me. He is after all, a politician. Trusting a politician to take care of an important issue, is like trusting a petaphile to take care of a daycare: it never ends up well and it is likely that someone will end up getting raped. I think Mr. Sullivans tactic was to ignore the problem, and hope that it would just go away. What he didn't realize was that he is messing with a passionate angler, not some whiney liberal tree hugger. I just sent him another email and I will let you all know if he has the decency to respond.

I also did a little research on Councilman Sullivan and it turns out he is a student at the UH Downtown and he is seeking his third term as city councilman. If this is how he treats his constituents I am going to encourage all of my neighbors to vote for his oposition, and hopefully we can get him out of politics. His bio said that he served for Michael Berry, who I personally admire and respect. Unfortunatly, Mr. Sullivan didn't inherit Michael Berry's values of honesty and integrity. It looks like instead of adressing issues head on, he would rather ignore his constituents and negotiate with other politicians and government employees in closed door meetings. If my time wasn't already consumed by working at a real job, I would have half a mind to run against this guy for city council and teach him what it means to be a public servent. Unfortunatly, some people in this district have to work to pay the bills for those who don't. Anyway, below is the email I sen't him, hopefully it will warrant a response.
-----------------------------------------------------------------------
Mr. Sullivan,

I have been patiently sitting by waiting for you to contact me in regards to the legislation regarding bow fishing on Lake Houston. I have not heard back from you, or your office, and I am beginning to think that your last email was insincere and an attempt to stall my efforts. You said that you were too busy to discuss the bowfishing matter with me due to your busy schedule. Well, it has been over 9 months and I still have not heard anything regarding this issue and I would like the respect I deserve. I am not happy with the way that you are handling this matter, and as a constituent, I feel I deserve to be addressed. I have already contacted several lawyers on this matter and my council has indicated that the statutes that are being enforced by Lake Patrol are a gross misinterpretation of the law. I was waiting to use the legal system as a last resort, but it is at the point now where that may be necessary. The city ordinance states that "practicing archery in a city park is prohibited", however bowfishing and practicing archery are two materially different activities; and I feel that a jury of my peers will agree. If you wish me to take this issue to trial, and tie up your time and tax payers money, so be it. However, I would prefer that you do your job as my city councilman and address this issue head on. Either way this issue will be cleared and I will no longer sit by while the Lake Houston fishery is destroyed by these trash fish. Texas Parks and Wildlife graciously gave control of the lake over to the City of Houston, and they are neglecting in their duties to protect the few game species that remain.

Sincerely Concerned,

Brandon
 
#34 ·
I just received this response from Councilman Sullivan. Im not sure what he was talking about since I haven't talked to the guy in 9 months. :

On Fri, Feb 3, 2012 at 6:32 PM, Sullivan, Mike - CNL <Mike.Sullivan@houstontx.gov> wrote:

With all due respect, I gave you an answer the other day and responded that I did not support efforts to alter the ordinance that prohibits bow fishing. I oppose it. HPD opposes. Parks Dept opposes it.

Thank you.


 
#35 ·
Allright, I just sent him another email. I am just about done wasting my time with this joker. He obviusly doesn't have any respect for the opinions of his constituents. If you care to read my response, it is posted below:

----------------------------------------------------------------------

Mr. Sullivan,

I have not had any correspondence with you in over nine months and when you last emailed me you did not give me any answers. The last email I received from you was that you were too busy to deal with this issue, and you would get back with me. I took you on your word and waited patiently for over 9 months without getting a single response.

As far as your oposition to bowfishing goes, I think you should listen to both sides of the issue before you pass judgement. You said that you were not ready to talk to me in June, because you were busy working on your budget. However, you obviously had time to discuss this issue with HPD and the Parks Department, you just didn't have time to discuss this issue with your constituents who passionatly support it. As a City Councilman for District E, it is your job to stand up for your constituents, or at the least give them a chance to voice their concerns. If you are going to go along with whatever the Lake Patrol and City Parks Department supports, then why don't you just resign and let them take over your job. It is your responsibility to remain fair and balanced and listen to both sides of the issue before deciding what you do or do not support.

I would like to sit down with you and find out what exactly the Lake Patrol and Parks Department said to you that made you decide that you can oppose bowfishing without even listening to the other side of the story. I think that it would be in your best interest to make your own decision after listening to both sides, before you pass judgement, on this, or any issue for that matter. I also find it odd that you said that HPD does not support bowfishing, when I have spoken with the Head of Lake Patrol, Sgt. Tolan Harding, and have written statements that he supports bowfishing on Lake Houston as long as certain regulations are implemented. I would love to go over that with you and see if we can come up with an acceptable solution rather that just tell me I am not allowed to do it because "you don't support it". I am not a child, and you are my Councilman, not my father.

Respectfully,

Brandon
 
#36 ·
Just received the following email from Mike Sullivan:

I'm not trying to disregard or ignore your position on the issue. I respect your opinion, but just happen to disagree. I have to balance conflicting positions and interests on a daily basis. I have done that this time, too, and I stand by my decision.
Thank you.
 
#37 ·
Mr. Sullivan,

With all due respect, you cannot disagree with my opinion because you have never given me a chance to voice it. I'm not sure what they are teaching you at the University of Houston Downtown, but in order to disagree with my opinion, you must first know what my opinion is. You have never given me the opportunity to explain to you why I think bowfishing should be allowed on Lake Houston, or all of the benefits that could come from it. You have also never given me the chance to hear why you believe that it should not be allowed and given me a chance to respond to it. You are being very narrow minded and probably know very little about the sport of bowfishing, and many of your assumptions are probably not based in fact. All that I asked was that you give me a few minutes of your time to discuss this issue before you formed your opinion. You indicated that you would be willing to do that back on April 14 when you wrote:

"I do not think I am at a point yet where I will entertain discussions on bow fishing. Our resources are stretched very thin. We are developing our budgets for next year, and are in the middle of the entire Redistricting process. Please bear with us as we conduct the business of running the city and serving our constituents. Right now, it all revolves around timing and resources."

However, instead of giving each party in this matter a chance to voice their opinion, you just listened to one side of the issue. In order for true discourse to occur you really need to examine both sides of an issue and not censor the side that you think you don't agree with. I know that you are in your third and final term as City Councilman for District E, but if you wish to continue in politics you need to realize that there are two sides to every story, and they both deserve the right to be heard. Instead of making your decisions in closed door meetings, you should invite all parties to the table and look for a more amicable solution. In the words of one of Americas greatest representatives, Benjamin Franklin, "The greatest ignorance is to reject something you know nothing about". If you decide to enlighten yourself and listen to my case for allowing bowfishing feel free to call me, but it appears in this circumstance you are content in remaining ignorant.

Disregarded Constituent,

Brandon
 
#41 ·
Dang! I don't even have a dog in this fight, but it makes me wanna cheer you on fishermayne. I love to bowfish, but haven't done it in several years. I live in Dickinson, so Lake Houston would be a bit of a commute, but I do love seeing someone take a stand against idiotic politics and ignorant policies. Keep it up man!!
 
#43 ·
You the Man! I live one Lake Houston by Duesson Park, and have been wanting to get my boys into bowfishing. We bow hunt all over and love it! You are putting up a heck of a fight. I just wanted to thank you for your efforts! I wonder if they could license or permit bowfishing in the lake? Revenue for the parks dept? If it somehow benefits certain departments , you might get a hung jury on the matter. Just thinking out loud. Were building a bowfishing rig now, I guess we just have to get Ninja with it! Lol

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I am here: http://tapatalk.com/map.php?sprfwz
Sent from my iPhone using Tapatalk
 
#44 ·
I just wanted to give everyone an update. I sent two seperate emails to head of the City of Houston Parks department, Joe Turner, and have not received a single response. Again it seems the strategy is to just ignore the conflict in hopes that it will just go away. I am done trying to work within the system. All I am getting is lies and excuses and it is getting me nowhere. I stopped bowfishing Lake Houston for the last year in an attempt to handle this civily. However, these government desk monkeys are about as useless as tits on a bull, and I am done with them. If they won't even give me the common courtesy to respond to my emails, I am not going to attempt to work with them any longer.

Now it is time to take this fight to the next round and work this issue through the judicial system. I am going to start bowfishing Lake Houston again, and if Sgt. Harding and his Lake Patrol Posse happen to observe me shooting my bow while actively engaging in the lawful act of bowfishing, then so be it. This issue WILL be taken to trial and it will be there burden to convince a jury of my peers that there are no "material differences" between an archery arrow and a bowfishing arrow. I have studied the City Ordinance that they claim prohibits bowfishing:

Chapter 32, Section 32-34, "Hunting and Firearms" No person shall hunt any animal or shoot, fire or discharge any pistol, shotgun or rifle, other firearm or archery arrow in, on, along or across the parks.

I have several "expert witnesses" lined up that are ready to testify that an archery arrow and a bowfishing arrow are completly different projectiles. And the projectile that we happen to be shooting at fish, is not an archery arrow. All it is going to take in one sane person in the jury to recognize that fact and this whole issue will be cleared up. I am not sure what the bereaucracy has against bowfishing, but they are about to be confronted with a situation that will force them to defend there terrible policy, instead of blindly standing behind it.
 
#47 ·
Let me know if you need the help of the Texas Bowfishing Association. We are also in an alliance with Lone Star Bowhunters Association, which gives us more numbers. We feel like we can call on the TPWD as well, if we need assistance in confirming that bowfishing is not hunting but FISHING.
 
#48 ·
just a thought guys let me know what you think. these Desk monkeys only let one thing get there attention. what if we proposed a 1 or 2 weekend bowfishing tourney and showed them how much money it would bring into the community and at the same time take many gar out of the lake which would help the game fish population. which would also generate more revenue because there would be more people fishing lake Houston. im sure TBA would love to host the event and have proven to Texas parks and wildlife that they can do so in a very lawful and safe manner. just an idea they would probably still ignore us.
 
#49 ·
I'm glad to see this thread. I wish they would allow bow fishing in the lake again.
I'm fairly new to it, however I live right close to the lake too.
Wonder of a huge petition would help the cause?

Off track Question: can you jugline, limb line & trotline the lake still?
The way this mess reads it looks like only children & seniors can fish the lake.
 
#51 ·
This lake is closer to me that Conroe so yeah we would love to do a tournament there is they give us a pass. There is one other issue too...many bowfishermen in southeast Texas are also using fan boats and airboats which are both outlawed on the lake as well. While we are asking for a bowfishing pass we might want to ask for an air powered pass as well.

Coleto Creek (near Victoria) does not allow airboats either, except during a tournament which has been once a year.
 
#55 ·
I think instead of pressing the topic bow fishing. And press the issue that these fish are decreasing the game fish population. And implement bow fishing as a means to improve the species in the lake.
Also I would like for the emails of these people you are emailing be made public in this thread so others may correspond as well. Power in numbers,
Possibly get petitions going in the surrounding community to help improve the game fish in the lake.
 
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