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2018 AOTY/DOTY Entry

Topic: Can’t an Officer “Radio in” My License Info?  (Read 1864 times)

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Hojoman

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February 15, 2018

Question: I often fish off the dock where my boat is in a slip. My fishing license is in a folder on my boat with all the other required legal documents. I also have a photo of my license in my cell phone that clearly shows the license number on a valid license. If I am contacted by a CDFW officer, will I receive a citation for not having the piece of paper in my possession? He could certainly check the number via his radio and see that it’s valid, or walk over to my boat and view the license. (Dave M.)

Answer: As explained above, FGC, section 7145 (a) specifies that you must have your license with you while fishing. There are a few exceptions – you don’t need a license if you’re fishing from a public pier (FGC, section 7153), and if you’re diving, it’s fine to keep your license in the boat or within 500 yards of the shore, as applicable (FGC, section 7145(a)).

Except for the diving exemption, when required, you must have your valid fishing license in your immediate possession when fishing, not just a photograph of the license. It’s an urban legend that “wardens can look it up on the radio.”


NowhereMan

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Knows not where he’s going to...


PISCEAN

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I can't really defend it, but I've come around to the retention of this policy. It's one thing that hasn't changed, ever.

I know, I know, advancements in tech comms, etc, but even I, who only fished a double handful of days last season, still went to a couple places where there is absolutely no cell reception. So I get the old school approach.
At least they do make some allowances for diving.
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NowhereMan

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As if on cue, I had a few minutes today and was in Santa Cruz and had my fishing pole. So, I stopped by to make a few casts, and just as I was walking across the beach realized that I'd forgotten my fishing license. Very annoying...
Knows not where he’s going to...


sandshred

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 I have personally been stopped by a warden while on my kayak in the far back of Ice House.
 He was in a small aluminum boat, blue jeans and a t shirt.
 I didn't have my license on me.
 He was able to use his cell phone to look up my info.
 He sent me on my way.
 


NowhereMan

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I have personally been stopped by a warden while on my kayak in the far back of Ice House.
 He was in a small aluminum boat, blue jeans and a t shirt.
 I didn't have my license on me.
 He was able to use his cell phone to look up my info.
 He sent me on my way.

That shows that they have the capability, which only makes it more ridiculous, IMHO. Of course, the warden could also have given you a ticket, or at least forced you to go back and get your license to continue fishing.
Knows not where he’s going to...


Archie Marx

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I have personally been stopped by a warden while on my kayak in the far back of Ice House.
 He was in a small aluminum boat, blue jeans and a t shirt.
 I didn't have my license on me.
 He was able to use his cell phone to look up my info.
 He sent me on my way.

That shows that they have the capability, which only makes it more ridiculous, IMHO. Of course, the warden could also have given you a ticket, or at least forced you to go back and get your license to continue fishing.

Yes, We should increase the workload of wardens and dispatch so that you dont have to remember your license.
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crash

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I have personally been stopped by a warden while on my kayak in the far back of Ice House.
 He was in a small aluminum boat, blue jeans and a t shirt.
 I didn't have my license on me.
 He was able to use his cell phone to look up my info.
 He sent me on my way.

That shows that they have the capability, which only makes it more ridiculous, IMHO. Of course, the warden could also have given you a ticket, or at least forced you to go back and get your license to continue fishing.

Yes, We should increase the workload of wardens and dispatch so that you dont have to remember your license.

It would be trivial to have all license information from every license holder in the entire state stored on a smart phone or tablet that would be searchable and carried on the warden in the field, and would not require cell service or wifi.  You wouldn't need to radio it in, you could look it up yourself.  Update it every time you are back in cell range and the only thing you miss are the newly issued licenses from the last few hours/day, which are almost certainly going to be in the possession of the new license purchaser in the event of a contact.

It's 2018 and there is no excuse for this antiquated bs.


Archie Marx

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I have personally been stopped by a warden while on my kayak in the far back of Ice House.
 He was in a small aluminum boat, blue jeans and a t shirt.
 I didn't have my license on me.
 He was able to use his cell phone to look up my info.
 He sent me on my way.

That shows that they have the capability, which only makes it more ridiculous, IMHO. Of course, the warden could also have given you a ticket, or at least forced you to go back and get your license to continue fishing.

Yes, We should increase the workload of wardens and dispatch so that you dont have to remember your license.

It would be trivial to have all license information from every license holder in the entire state stored on a smart phone or tablet that would be searchable and carried on the warden in the field, and would not require cell service or wifi.  You wouldn't need to radio it in, you could look it up yourself.  Update it every time you are back in cell range and the only thing you miss are the newly issued licenses from the last few hours/day, which are almost certainly going to be in the possession of the new license purchaser in the event of a contact.

It's 2018 and there is no excuse for this antiquated bs.

Yes, that might work.

My comment was in response to the “radio it in” proposed solution.
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traildad

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That would probably cost a lot of money and time. Wouldn’t it be easier to allow someone that forgets their license to simply show proof and have the citation voided for a nominal fee.
http://www.norcalkayakanglers.com/index.php?topic=42846.msg470404#msg470404

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I think sometimes wardens forget who they are working for.  If they can help a fisherman who has taken responsibility to get a license but that forgot it back on shore from getting a ticket issued, then they should, as long as no other laws were violated.  Under those circumstances, should not even be a violation, but rather an infraction that would be dismissed once proof of license is verified by an LEO and the ticket signed off.  This would put the burden on the fisherman to regain possession of his license, find an LEO and have them verify the information and sign off the ticket.  The lesson is learned in the exercise the fisherman has to perform and doesn't burden the warden.

A ticket with a fine or other penalty for leaving a license with no other mitigating circumstances is just another way to steal. 


NowhereMan

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It's 2018 and there is no excuse for this antiquated bs.

This!
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SlackedTide

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I say link fishing and hunting liscense with the dmv. Rather have a photo ID instead of the long piece of paper crap.
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MontanaN8V

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Be a big boy and carry your license. That is the problem today, we are lazy. Let technology do it.
I dont regulate Title 14, but ANY time our regs call for documentation to be produced on request and you aint got it, I will give you some so you dont feel left out until you get it taken care of. Yes I can research licenses for blasters with a phone or radio call. What does the LAW say? Really no excuse other than you are lazy.
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crash

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Be a big boy and carry your license. That is the problem today, we are lazy. Let technology do it.
I dont regulate Title 14, but ANY time our regs call for documentation to be produced on request and you aint got it, I will give you some so you dont feel left out until you get it taken care of. Yes I can research licenses for blasters with a phone or radio call. What does the LAW say? Really no excuse other than you are lazy.

Nice.  That's nice.


 

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