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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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#3 ·
here is some more ammo for you, since they are using section 32 as the guide. ask them to explain this section, and why aren't they writing tickets for it?

Sec. 32-35. - Fishing.

No person shall catch fish within the parks. It shall be an affirmative defense to prosecution under this section that the actor is: (1)
Fishing in an area of Lake Houston in which fishing is permitted under this Code; or

(2)
Twelve years of age or less or 65 years of age or more and is fishing in any body of water which has been designated for fishing by children and elderly persons by regulation of the director pursuant to section 32-5 of this Code.

I will get some emails sent out also.
 
#6 ·
My response to Mr. Fnat's email is below. I am unable to upload the .pdf document but the link to the LCRA regulations is:
http://www.lcra.org/library/media/public/docs/parks/bowfishing_regulations.pdf

Dear Mr. Fant,
I will try to answer all your questions below:
I would imagine that the tickets are public record, you would need to contact the Houston Municipal Court, 1400 Lubbock, Houston TX 713-837-0311.

I think a good model for the regulation of bow fishing is the LCRA regulation. I have attached a copy.
Another resource to contact id the Parks and Recreation Department, as they are one of the controlling departments for Lake Houston. They may be more inclined to help modify the ordinance.
Thank you for your concern.

Tolan W. Harding, Sergeant
Houston Police Department
Tactical Operations Division, Marine Unit - Lake Patrol
281 324 2250 office
281 324 2764 fax
 
#22 ·
My response to Mr. Fnat's email is below. I am unable to upload the .pdf document but the link to the LCRA regulations is:
http://www.lcra.org/library/media/public/docs/parks/bowfishing_regulations.pdf

Dear Mr. Fant,
I will try to answer all your questions below:
I would imagine that the tickets are public record, you would need to contact the Houston Municipal Court, 1400 Lubbock, Houston TX 713-837-0311.

I think a good model for the regulation of bow fishing is the LCRA regulation. I have attached a copy.
Another resource to contact id the Parks and Recreation Department, as they are one of the controlling departments for Lake Houston. They may be more inclined to help modify the ordinance.
Thank you for your concern.

Tolan W. Harding, Sergeant
Houston Police Department
Tactical Operations Division, Marine Unit - Lake Patrol
281 324 2250 office
281 324 2764 fax
lets not judge or mock anyone. This man is obviously concerned just as we are. we all have jobs and parts of our jobs we dont agree with ,but they have to be done. I read through the rules that the sgt. attached and they dont seem bad at all. I didnt know that you werent supposed to bowfish lake houston untill today. I was looking into a slough in the back of the commons and spotted 5 gar at once.( 4 alligator Gar 1 longnose) They are way over populated. and you can call me a brown nose if you want to but ive never met Mr. Tolan and those 5 gar are no longer in that slough.
 
#7 ·
Lake Ray Hubbard and the City of Dallas also has the same Ordinance. Although bowfishing does go on at that lake and after contacting the TPWD, the CORP and even the City of Dallas, we held a tournament in which we were promptly kicked off. The following Monday it took a lawyer the better part of a morning to find the rule. There are also rules like this in South Texas counties about discharging arrows into the river bed. The rule was put in place to keep people from hunting deer from the river, but getting our Legislative leaders to ammend the ordiance to state the bowfishing is allowed is very hard to do. Also, these same lakes keep their hands out for TPWD grant money for restocking and such, but discriminate against some lawful fishing techniques. I think if you are asking and getting money from our Pitman Robertson Act taxes, then ALL legal fishing means should be allowed.
 
#9 ·
Lake Houston has to many none game fish speices in it, and not enough game fish, TPW quit stocking fish in lake Houston when the city of Houston took over. If they are not going to allow bow hunting to help remove some of the none game fish from the lake, at least they could start a stocking program, and improve the quality of the fishing in the lake. lake Houston was and still is a good place to fish, but it could be so much better if they allowed any method of removing at least some of the none gamefish from the lake. Keep trying mabey some day they will get it, good luck.:headknock
 
#10 ·
Is it O.K. if I send this thread to Mike Sullivan and a few others here in Kingwood asking for their support to allow this sport on Lake Houston, specifically around Rivergrove Park?

I understand about enforcing the laws, but it seems they only enforced laws if the City of Houston makes money on the enforcement or there are lives threatened, and Heaven knows bow fishing in a swamp is just good sport and recreation. This is a Texas tradition that can not perish at the hands of administrators.
 
#11 ·
Wow. I have actually been thinking about buying a bow to hunt gar on/around Lake Houston for the exact same reason. They definitely outnumber game fish in the lake. A buddy and I fished all day sunday and we saw over 100 gar, it was unreal. I'm glad I read this post before I bought a bow and got hassled by the cops. I understand the law is probably there to prevent hunting deer from the water, but there has to be some amendment for bowfishing. Have you tried catching them with a rod and reel? I've never caught one and I've thrown every lure I could think of, as well as different live/dead baits over the years at them. The spear gun idea sounds like a possible alternative, I wonder how hard they arm to aim from a boat?
 
#12 ·
Any help would be appreciated.

As far as I am concerned Lake Houston is anti-bowfishing.....first because they do not allow any air-powered boats in the lake and now this. At minimum they should allow trollers because those shortnose gar WILL take over. If they ever get a gator gar in that lake it will definitely hurt the game fishing....and I KNOW they have gator gar in the san jac river below the dam.
 
#13 ·
When did this regulation come into effect?

When did this law take effect? I raised my two sons and their best friends on the north end of Lake Houston bowfishing for gar and carp. This was some of the best times and they still talk about the fun they had on the lake. To me it is just another example of a bunch of brueaucrats making a law and not doing enough research on it's effects before enacting it. Thanks for the heads up on this issue as i had been considering a return trip for old times with my now adult sons.
 
#15 ·
I have lived on the lake for 4 years now and after running jug lines at night I noticed all the gar I used to bowfish alot a few years back and now that my boys are old enough and it was so convienent I figured we would go stick a few on the lake at night I had no idea it was against the law on lake houston Im glad I didnt go yet. I cant imagine bowfishing being illegal for safety reasons who ever dreamed this up has no idea of the sport. Now you can injure yourself bowfishing I have had a bow limb break while doing it but as far as injuring bystanders if they received a bowfishing arrow it probably was no accident. This law is completely misplaced in my opinion and ticketing bowfisherman for discharging a bow is taking it to the extreme.
 
#20 ·
Bowfishing on Lake Houston

I have contacted my city councilman and sent two more emails, and still have not received a single response. I tried working the system, but apparently the system is broken. I have read the regulation carefully and it only says that it is illegal to "practice archery". It says nothing about it being illegal to "possess a bow", so unless lake patrol sees you fire an arrow, you are not in violation of any law. I have had lake patrol stop me on three different occasions since my last post and every time they saw my bowfishing equipment and told me that bowfishing is illegal on the lake. They could not give me a ticket though, because they did not see me fire an arrow. I am going to continue bowfishing the lake and fully expect to get a ticket at some point. I have already discussed this issue with my attorney and we are ready to take this issue to court. It is a gross misinterpretation of the law and lake patrol needs to understand that there is a huge difference between "practicing archery" and the TPWD recognized sport of bowfishing. If I can't get this matter resolved through city council then I guess I will have to sort it out in the judicial system.
 
#25 ·
I just wanted to give everyone who is following this issue an update. I have been in contact with District E City Council Rep Mike Sullivan and received an email from him on April 14. His email stated:

"Thank you for contacting my office. I am aware of the incident involving you and HPD Lake Patrol Division, and have been following it closely. Let me first say that ordinances that affect Lake Houston do not fully encompass all of the activities that can, and/or might, occur on Lake Houston. As Chair of the city's Water Resource Management Committee, I have been working on revisions to said ordinances for several months. It is a slow and laborious process, but we are making progress. Until we are able to finalize the revisions and present them to city council, I would encourage you to obey and respect the directives of HPD Lake Patrol Division officers. 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. Thank you.
Mike Sullivan
Houston City Council Member, District E
832-393-3008 office

I received this email on April 14, 2011 and I have given Mr. Sullivan three months to get this issue sorted out. I hope that he is a man of his word, and that he is actually going to address this issue, however, since he is a politician I am not going to hold my breath. I am afraid that this email is his way of saying that he has more important things to do and that I should wait indefinitely until he decides that it is a priority. I gave him 3 months and he has 9 days left and then I am going to Plan B. If I can't get this handled through City Council, I am going to take care of it in the City Attorneys Office. I have already contacted the City Attorney to get a ruling on this issue and will try running it through the judicial process. I have spoken with multiple lawyers and even several members of Lake Patrol (excluding Sgt. Harding) who agree that the City Ordinance prohibiting the discharge of archery arrows in City Parks is not intended to prohibit bow fishing. All I need is an ruling that confirms this, and it will be game-on.

I have also been in contact with Sgt. Harding since my last post and tried to reason with him, but he is not willing to compromise. He has a King of the Lake mentality, and believes his interpretation of the law is the only one that matters. However, he is not an attorney and his interpretation of the law does not mean jack. The City Ordinance states that you can not discharge an "archery arrow in or across any city park", and during our conversation I asked him to define "archery arrow" and he told me that bow fishing arrows, crossbow bolts and even spears used for spear fishing would be classified as "archery arrows" because they have a point and fly through the air. After that statement I realized I was not dealing with someone who was reasonable and that he really does not know the difference between an archery arrow and a projectile. He is not an archery expert and when I have my day in court, I will make sure to bring someone who is.

I will also warn you that a few of the Lake Patrol officers have been given directions to keep bows off the lake all together. I had two friends that were ordered to take their bows back to their cars when Lake Patrol saw them during the routine life jacket/fire extinguisher check. My friends were not familiar with the law, so they complied. However, this order was completely unwarranted and was not a lawful order. There is no City Ordinance prohibiting the mere possession of archery equipment, so Lake Patrol has no authority to order you to remove archery equipment from the Lake. When I called Sgt. Harding out on this issue, he agreed that their was no law prohibiting the possession of archery equipment on the lake. So, as long as they do not witness you "discharging an archery arrow" they have no right to order you to remove your bow. My attorney has advised that if Lake Patrol asks you to take your bows back to your car, ask them if it is an order or merely a request. If they say it is a request, then respectfully decline their request. If they say it is an order, get their name and badge number and email me immediately.
If anyone else has had any run-ins with Lake Patrol involving archery equipment, or if you have received a citation regarding the discharge of archery arrows, please send me a pm on 2cool. I am going to be taking this issue to the City Attorneys office, so any evidence of Lake Patrol wrong doing will help our cause.

I would also like to respond to the last post by "GAR11" where he urged us to "Stop Breaking the Law". Sometimes a little civil disobedience is necessary to protect our liberties. I would agree that it should be used as a last resort, but in this case I think we have exhausted all other options. When you are dealing with government agencies who are not willing to reason, sometimes breaking the law is the only option. You telling us not to "break the law" is like telling Rosa Parks to get her arse to the back of the buss. Just because something is the law, does not make it right. As long as you are prepared to accept the consequences of your actions, sometimes breaking the law is the most just thing you can do.
 
#29 ·
Keep it up I think if anybody can it sounds like you are the man. I am glad to see some one is so passionate about getting the law changed. I do not bow hunt but I hate to see a lake that can have good fishing in it get over run by gar. TPW does not stock fish in lake Houston anymore since it belongs to the city of Houston, it is on its own to reproduce fish. keep it up if there is anyway I can help I will be glad to.
 
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