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Full Version: An article from thePahrump Valley Times, 1/28/05
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Pahrump fisherman ousted from Ash Meadows Refuge
[size 1]By PHILLIP GOMEZ
PVT [/size]
A Pahrump man "got thrown off the refuge" Sunday because he was fishing for bass at the Ash Meadows National Wildlife Refuge.

Bill Browning said an armed federal Fish & Wildlife official called him on the carpet when he found him illegally fishing with a friend. Browning was fishing at Crystal Reservoir, where he said he's fished for the past seven years - illegally.

"He was armed, so I wasn't about to argue with him," he said. "I understand that originally they let people fish, but it was never legal," he said after learning all about refuge policy. Browning said he wanted to let other fishermen know that just because it isn't posted, that doesn't mean fishing on the refuge is legal, or that it isn't enforced.

Everyone in Pahrump has been out to the refuge, Browning said. Sons are taken by their fathers and taught to fish there. Now he just wanted to let others learn from his experience.

"They were very nice about the whole thing," he said. "But as of now they are informing people there is no longer a fishing lake on the refuge."

Browning, a former press operator at the Pahrump valley Times, said, "I understand there are a lot of endangered species out there." But he added, "I'd hate to see a source of recreation taken out of the picture.

"U.S. Forest Service signs tell you what you can't do," he said. "The U.S. Fish & Wildlife signs tell you what you can do.

"It's kind of confusing."

Refuge manager Sharon McKelvey agrees, or at least she doesn't disagree.

"On refuge lands everything is closed unless we sign it open, which is the exact opposite of BLM (the Bureau of Land Management) and the U.S. Forest Service. The sign out at the reservoir is correct: it's signed what you can do and you will not see a fishing sign."

Which means you don't have permission.

McKelvey said she has been researching for the past year old news clippings and other sources to determine the chronology of fishing, its non-authorization and enforcement, or lack thereof, on the refuge. For a period of time, she said, "no fishing" went un-enforced.

Right now a temporary law enforcement officer is talking to violators about why they can't fish on the refuge, home to endangered pupfish fighting for their survival as a species.

In the past, the refuge hasn't been able to afford law enforcement, accounting for much of the confusion in the law, McKelvey explained. A flyer is now being prepared to educate the public about regulations on the refuge, she said.

As for being "thrown off the refuge," McKelvey said, "He didn't throw anybody off - he educates."

Browning's use of the phrase was metaphorical, which turned a positive into a negative, just the way we like it.

Some political scientists say Americans, born into a culture that dramatizes the nation's "negative" birth in revolution against established authority, tend to be antinomian, or to have anti-authoritarian attitudes against socially established morality. Hence, Americans have an innate problem with positive laws, viewing everything from negative presumptions.

Recently the refuge was funded by the government to provide law enforcement, McKelvey said. But that person is away being trained and won't return until next month.

The wildlife refuge usually doesn't come alive with visitors until spring, McKelvey said. "The nice hot weather we had last week brought out a lot more people out here."

"There was never a permit for game fishing here," McKelvey said, just to make matters clear as Ash Meadows mud.

"We don't want to put a lot of negative signs out," she clarified.
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