section 29.15 (f) violation

Many of you may have heard this story already.  I posted it on Spearboard a week or 2 ago and it raised a real ruckus with 4500 guys looking over the post and 111 responses.  It also raised a big fuss on the CenCal freedive list.  I wanted to post it here too and let you know what happened.  It will ultlimately be decided by a judge but read the exerpt below and just dot your i's and cross your t's when you are out diving.  I have an email for Lt. Steve Riske of the DFG which basically states that the charge is bogus if I had my 7 inch gauge in my kayak, float, tube or on my person, which I did.  But I was cited anyway.  Read below for the full story. 

I have been ab diving since I was 12 years old. I got a ticket today. The first one ever, and I couldn't believe it. The kelp is very thick and there was a large ground swell. I was out with my kayak alone and diving fairly deep. I had a light in my left hand and only my 9 inch ab gauge in my right. I was measuring abs and when I would find a 9 I would pop it off with my hand. I took only 3. Tagged them and filled out the card as instructed. I had a bar and 7 inch gauge in my kayak, in the same bag I put the abs in. The officer watched me dive and fish for several hours and then met me on shore and wrote me ticket for not "carrying" a 7 inch gauge even though I had a 7 inch gauge and bar in the kayak. He said I had to DIVE with a 7 inch caliper measuring device. It is not good enough to have it in your float or kayak. Just wanted you all to learn from my misfortune. I couldn't believe it. It makes absolutely no sense to me. I have to appear in court in Dec.  The Warden's name was Mead and he was very polite and professional.  I just think this was an error on his part.  I had the proper equipment with me and I showed it to him.
Dave

That is so ridiculous I don't even know where to start!  Good luck in court.

That's bogus, Dave.  I'm confident you'll prevail.  If you want support at the trial I'll try to go, and I'd be willing to testify that I do the same thing all the time.

Eric

That's pure BS Dave , hope you beat that in court . My guage is tethered to my float tube and only as a legal technicality . I don't take them little abs , looking for deepdish 8.5-9's or better .  I don't need no stinking guage !

i think stupid citations like the one you were issued is kind of like a traffic ticket written by a cop who has no real reason and was just having a crappy day. you were within the law and he probably knew it yet he issued the citation to you. they stand to get some money based on the fact that probably few people actually do their homework to research the rules and fail to contest the citation received.

if the dfg wardens received a fine charged directly to the their paycheck each time they issued a citation without just cause, or without actual violation of the rules there would be fewer citations issued, the judge would not have his time wasted and the warden would not receive his overtime for showing up in court when you go to fight it. and he might just actually be out patrolling for poachers.

i know the state of california is broke and hurting and can use every penny possible but this is sad to see. what a waste of time and resources for all involved. shame on the dfg for not knowing their own laws and acting based on their assumptions.

i used to do a lot of motorcycle riding and one year received 7 citations. i fought all 7 and ended up being found guilty of only 1. i believe the whole concept behind citations issued without just cause/proof, based on an officer's assumptions only works for the department because most people decide against spending time to fight it and its easy money for the agency.

the dfg is no different than any other agency ... all the law abiding citizens are receiving BS citations while the real criminals are just walking away like nothing ever happened because its just too much work to go after them. what a joke.

  You'll win this for sure.... Please post up on the out come.

29.15 (f) Measuring Device: Every person while taking abalone shall carry a fixed-caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell.

You alway use the Dictionary the Judge uses
Black's Law Dictionary
carry, definition 1. To sustain the weigh or burden of; to hold or bear 2. To convey or tranport 3. To possess and covey in a vehicle, including the locked glove compartment or trunk of a car < he carried the gun in his trunk>.  Other definition apply to insurance and loans.

Thanks AbMan.

That is some sweet info abman

One other thing to add is that if CDF&G wanted to have it be a different definition then it would need to be in section:

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

Which CARRY is not there....This stuff is great Camp Fire reading...But remember you need a big enough fire that no other light source is needed.   

A great example of this modified definition is the word 1.80 TAKE which includes to persue according to CDF&G Regs Chapter 1. 


Just to clear that you were doing nothing wrong using your hands......
29.15 (e) Abalone may be taken only by hand or by devices commonly known as abalone irons.


Good Luck BigEyeDave.

Ditto... ridiculous!

Ever think of counter suing the officer to compensate you for the time and expenses required for you to appear in court?  Of course I have no idea whether that is even possible, but that would certainly be sweet!

I don't have time to look it up, but isn't there some language in the regs that states (paraphrasing) that Abalone that are undersized must be returned to the place from which they were taken?  That statement alone would imply that it is OK to pop abs without measuring them first... the logical conclusion being that you are not required to carry your gauge with you underwater while diving.

EK

Here is it is EK...

29.15 (d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. All legal-sized abalone detached must be retained. No undersize abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person’s possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalone brought ashore shall be in such a condition that the size can be determined.

He spent SEVERAL HOURS watching you?
I wonder if he had a thermous of coffee and a dozen donuts at his side too?
My guess is he probably needed something to show for all the time he spent.
Things like this absolutely infuriate me.
Sometimes I wonder if there is a game between certain wardens to see who can 'legally' screw someone over the worst; someone who didn't dererve it.

Well ,crap I was hoping it wasn't Rich Meade. He is a person that I know and he lives around the corner from me. Anytime I have a question I can call him and ask. It sounds to me that yes he was stretching the call more than a bit. Believe me I will ask him about the cite. Not mentioning your predicament. How deep is fairly deep? When I got popped for upgrading ( big deal, no abs hurt) the warden watched us for our whole dive, about 1 hour. Hey when the viz is 25ft + and you see a 93/4 whats a guy to do?All you rightous people chime in anytime. 

All you rightous people chime in anytime. 

We love you anyway Craig.   

My more cynical response:  The Department's strategy is to raise money in a time of budget shortfalls.  This guy spent a bunch of time watching you with no revenue generated.  His mission is to make the Department some money.

So what he expected you to do is to say, screw it I don't want to deal with it, and pay the fine.........Cha Ching.

Unfortunately, from his perspective, you didn't do what he thought you would do.  Now it's gonna cost the system.

Any reasonable person would conclude you were within the intent of the law.  This is an obvious play for dough.