In Missouri, a fishing license is required to fish in the state, but not every fishing license holder gets to do so.
In a state that prides itself on its outdoors, the license is usually reserved for people who fish on private property and are licensed to fish for game, fish in lakes, or fish on waterfowl and trout.
But according to the Missouri Department of Natural Resources, only people who live in the Missouri River watershed, where fishing licenses are issued, are required to obtain fishing licenses.
Those who do not live in that watershed are not required to get a fishing permit.
The problem with this rule is that it is arbitrary and can lead to confusion and abuse, says James Fisk, an attorney with the Center for Biological Diversity, an environmental advocacy group that has sued to have the rule repealed.
“They don’t have a real way to figure out who needs the fishing license, because there’s no rulebook for that,” he says.
The Missouri Department has tried to fix this problem by using a computer program called a fishing plan.
A fishing plan is an online database of information that shows what people can and can’t do with a fishing device.
The goal is to make sure fishing is legal in a given state, Fisk says.
But it’s unclear how effective this program is.
In the meantime, Fisks attorney is challenging the rule.
The program allows people to submit a fishing proposal for a fishing spot that is at least 300 feet (91 meters) from their property.
When a license is issued, the Missouri DNR then reviews the proposal to make it clear that it has been reviewed.
When the plan is reviewed, it shows what is and isn’t allowed.
This includes rules about how far fish can go, how often fish can be released, and what fish species can be caught.
Fisk notes that this is not the same as a fishing location, which is what a fishing map is.
“It’s not a fishing area,” he said.
Fiskes attorney filed a complaint with the Missouri State DNR earlier this year, challenging the fishing plan rule in federal court.
In court papers, Fisks attorney points out that the Missouri Attorney General’s office said that the rule was unconstitutional because it created a government requirement for license holders to apply for licenses, which violates the right to due process guaranteed by the Constitution, as well as other rights.
The DNR did not immediately respond to a request for comment.
Fisks office argues that the fishing permit requirement is inconsistent with the federal constitution, which guarantees due process rights to individuals.
The Supreme Court has ruled in other cases that a state cannot impose a fishing rule that would interfere with due process.
“We’re not arguing that there should be no fishing in the River, because that’s our right, but we are arguing that we have to do it fairly, fairly and in a way that protects everyone’s right to fish,” Fisk said.