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Topic: Possession Limits After Multiple Days of Fishing  (Read 1848 times)

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PescaDONo

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If we were allowed to possess 2 limits of rockfish, it would be difficult for wardens to enforce...poachers would simply keep 2 limits of fish each day then claim half the fish were caught yesterday etc...
I seem to remember as a kid you could have more than a daily limit except on or at the water. It might be difficult to prove the big screen TV in your house isn't stolen property unless you have a receipt. Maybe we should have a rule that says we must have receipts for all property we possess. It would be easier for the police to enforce burglary laws if they could ask for proof of ownership for everything in your home. Sometimes rules do more harm to the law abiding than they do to stop the criminals.
+1
Nailed it!

"Our tradition is that of the first man who sneaked away to the creek when the tribe did not really need fish."
 ~Roderick Haig-Brown, about modern fishing, A River Never Sleeps, 1946

Link to Timber Cove 3 day, tri-hourly weather
Lawson's Landing Fishing Report- Tomales Bay


trianglelaguna

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what if you have have ten friends and your the only one with a big freezer...like in a cabin setting...that would mean there are 11 limits of one type all legally in the freezer and owned by 11 different people...or what if i ...

my point is there might be a dozen gray area ways I could think up ,given a few minutes...but "a reasonable person" was one thing I bounced of a game warden who was being nice enough to discuss these types of daily limit "variations" with a friend and myself...he said rarely is your house or freezer going to come into question...that a reasonable person goes fishing and catches a limit or god forbid just short of a limit and goes home, where the tickets come into play is when folks are trying to break rules or get over...makes sense to me...i'm sure others have exp or stories of heavy handed wardens laying fines out for small stuff....but ten rock fish...all legal...have a nice day...is how 90% of these meetings go imho

I also asked this same DFG person about 24 hrs being a day...if I catch my limit...go home at 4:00 p.m and get checked....eat my fish/gift whatever.....and come back the next day and catch 6 or 10 even, by say 8 a.m am I inside of a 24 hour day...no....A reasonable person says monday is monday and tuesday is not monday..

Do you need to be a high I.Q lawyer to go fishing....or a reasonable law abiding sportsman that reads and learns the regs to a reasonable degree before targeting a resource?

« Last Edit: March 09, 2014, 03:15:28 PM by trianglelaguna »
We are what we pretend to be, so we must be careful about what we pretend to be.

I want to stay as close to the edge as I can without going over. Out on the edge you see all kinds of things you can't see from the center.

People aren’t supposed to look back. I’m certainly not going to do it anymore.”
― Kurt Vonnegut


trianglelaguna

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every human being ,residing at one residence may posses a limit each of one type,no matter their age or whether they have a license ...a baby can posses a limit?
« Last Edit: March 09, 2014, 03:16:17 PM by trianglelaguna »
We are what we pretend to be, so we must be careful about what we pretend to be.

I want to stay as close to the edge as I can without going over. Out on the edge you see all kinds of things you can't see from the center.

People aren’t supposed to look back. I’m certainly not going to do it anymore.”
― Kurt Vonnegut


E Kayaker

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what if you have have ten friends and your the only one with a big freezer...like in a cabin setting...that would mean there are 11 limits of one type all legally in the freezer and owned by 11 different people...or what if i ...

my point is there might be a dozen gray area ways I could think up ,given a few minutes...but "a reasonable person" was one thing I bounced of a game warden who was being nice enough to discuss these types of daily limit "variations" with a friend and myself...he said rarely is your house or freezer going to come into question...that a reasonable person goes fishing and catches a limit or god forbid just short of a limit and goes home, where the tickets come into play is when folks are trying to break rules or get over...makes sense to me...i'm sure others have exp or stories of heavy handed wardens laying fines out for small stuff....but ten rock fish...all legal...have a nice day...is how 90% of these meetings go imho

I also asked this same DFG person about 24 hrs being a day...if I catch my limit...go home at 4:00 p.m and get checked....eat my fish/gift whatever.....and come back the next day and catch 6 or 10 even, by say 8 a.m am I inside of a 24 hour day...no....A reasonable person says monday is monday and tuesday is not monday..

Do you need to be a high I.Q lawyer to go fishing....or a reasonable law abiding sportsman that reads and learns the regs to a reasonable degree before targeting a resource?
I would like to see it depend less on what a reasonable person would say. It would be easy to define a day in the regs as being 12:01 am to 12:00 pm. Sure, rarely will your house come into play, today. What will tomorrow bring. When an intrusive law is ok on the books because it's never used, that doesn't cut it. In my town it's illegal for a minor to possess a nerf gun. Most people I've talked to don't seem to care because it isn't really enforced. It used to be when you grew up you were taught right from wrong and that "god" sees everything. Now there is no god and the government sees everything. (Thanks NSA). Instead of relying on people to do the right thing we try to codify our behavior. However a law on the books doesn't stop all people from doing wrong. We end up making more laws and rules so that law abiding people are tied in knots and the law breakers go on doing what they do.
http://www.norcalkayakanglers.com/index.php?topic=42846.msg470404#msg470404

The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope.  ~John Buchan


trianglelaguna

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those laws 'are'  already on the books that you 'would like to see'......
 the reasonable person -is my wording only-that I used to have a conversation with a game warden that both of us could enjoy and I could benefit from knowledge wise about what their goal with these rules is... and not dfg code of conduct by any means...

my saying reasonable  from my point of using it meant...if two people are standing there and one smells a juicy fart...and there is no else around for miles...the one who smelt it is 50% reasonably responsible for that fart...can it be proved in a court of law...no....could a reasonable person ,not there at the time...talk to both parties and make a decision on who farted?...100% one or the other or 50% each....yes a reasonable person could arrive at a fair verdict ...and if this same act was played out with 100's of different sets of actors...would one verdict see more returns than the others...oh and BTW...I just  :smt006...prove it... :smt003
« Last Edit: March 09, 2014, 04:17:05 PM by trianglelaguna »
We are what we pretend to be, so we must be careful about what we pretend to be.

I want to stay as close to the edge as I can without going over. Out on the edge you see all kinds of things you can't see from the center.

People aren’t supposed to look back. I’m certainly not going to do it anymore.”
― Kurt Vonnegut


Fuzzy Tom

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Fish and Game Code:
Sec. 35.  "Day" means calendar day...."


krusty

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You can have in your possession multiple day limits if you filed a Declaration for a Multi-Day Fishing Trip. This allowed those on the Islander trip to come home with multiple day limits.

Quote
27.15. MULTI-DAY FISHING TRIPS. The following provisions apply to anglers and to boat owners
and operators when a Declaration for a Multi-Day Fishing Trip has been filed with the department.
(a) Provisions related to the angler: Up to three daily bag and possession limits of saltwater fin fish, lobster and rock scallops and up to two daily bag and possession limits of abalone are allowed for a person fishing during a multi-day trip in ocean waters from a boat whose owner or operator has filed a Declaration for Multi-Day Fishing Trip, pursuant to the provisions of sub-section (b) below.
(1) The provisions of this section do not authorize any person to take more than one daily bag limit of fish during one calendar day.
(2) The provisions of this section do not apply to the taking and possession of salmon, steelhead, striped bass and sturgeon.
(b) Provisions related to the boat owner or operator who has filed for a Declaration for a Multi-Day Fishing Trip:
(1) The owner or operator of a boat shall submit to the nearest department office a Declaration for Multi-Day Fishing Trip and payment as specified in Section 701. The Declaration for Multi-Day Fishing Trip shall include the following information:
(A) Place, date and time of departure of the boat.
(B) Place, date and estimated time of return of the boat.
(C) Name of the boat.
(D) Date and hour Declaration mailed or delivered to the department.
(E) Additional requirements for Commercial Passenger Fishing Vessels:
1. The Commercial Boat Registration Number issued pursuant to Fish and Game Code Section 7880.
2. Copy of passenger manifest if fishing within 10 miles of the mainland shore of California.
(2) The Declaration for Multi-Day Fishing Trip must be submitted to the nearest department office in order for any person aboard such boat to possess more than one bag limit of saltwater fin fish, abalone, lobster and rock scallops. If mailed, the Declaration for Multi-Day Fishing Trip must be received at least 48 hours prior to the date of the boat’s departure. If the 48-hours advance notice is not met, the original copy of the form signed by an authorized department representative must be aboard the vessel during the trip. Forms will be accepted for authorization only during business hours of 8:00 a.m. to 5:00 p.m.
(3) A Declaration for Multi-Day Fishing Trip may not be filed for a trip unless the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip and no berthing or docking is permitted within five miles of the mainland shore.
(4) The owner or operator of a boat filing a Declaration for Multi-Day Fishing Trip shall prepare such form in duplicate, and shall require the duplicate to be posted in full view of the passengers aboard the boat.
(5) All passengers must disembark at place of return as stated on the Declaration for Multi-Day Fishing Trip.


trianglelaguna

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interesting and good for those who are going on a cool multi day boat trip....sounds like you need to be at sea the whole time -among other things
We are what we pretend to be, so we must be careful about what we pretend to be.

I want to stay as close to the edge as I can without going over. Out on the edge you see all kinds of things you can't see from the center.

People aren’t supposed to look back. I’m certainly not going to do it anymore.”
― Kurt Vonnegut