section 29.15 (f) violation

It will make a nice stocking stuffer. 

I still am not taking my ab gauge to the bottom every time thats the true bs.

I've seen those 7/8/9/10 gauges at Bamboo Reef, and while it's a clever concept, they're a pain in the ass and very confusing and cumbersome, especially while trying to measure an ab underwater.

Who here aver detaches an ab BEFORE measuring it? Often I rip the foot of the ab when I pry it, fatally wounding it (as abalone are hemophiliacs) so reattaching it wouldn't do any good, at least not for the abalone.

Anyway, I keep all my gear underwater so a nosy warden scoping on shore for a bogus citation has nothing on me.

In the last ten years (at least) I've never measured an ab to see if it's legal before popping it.  Your eye gets pretty good, and there's so many bigger ones to choose from.  I'm not really looking at abs near 7 inches.  I've never popped a short.

I guess what I meant was, who would pop an ab that turns out to be under 7? Rock-pickers maybe.

I have a combo gauge/iron and I generally dive with it attached to the float of my gun's floatline.  If I find an ab that looks good, I leave my gun by it and get the iron, and since it has an attached gauge it isn't much of an issue to measure the abalone before popping it.  I don't touch the ab with the gauge though, just hold it in front of the ab to get a ballpark measurement, that way the ab doesn't hunch down.

I went to court today and when I was finally called I chose to represent myself.  I got a copy of the Warden's report and when I read it I almost freaked out.  He completely lied about the events that took place.  He said he saw me take 2 abs in one dive, put them in my kayak and then take them out again and return them to the bottom.   He said he saw me gauge an ab with my 9 inch gauge swim around the outside my kayak and dive again and return it to the bottom and whole bunch of other stuff that is a TOTAL LIE.  His report acuses me of high grading.  Which is not true and it isn't what he cited me for.  I was so mad that I called the court sheriff over and told him that I changed my mind about representing myself and I came home and contacted my attorney.  It's funny that he last thing that Mead said to me was, "Everyone has to play by the same rules" and his report was a HUGE LIE.  I am a lifetime fishing and hunting license holder and I have been diving for 32 years.  This is the biggest insult I have ever had in my life.  It is about principal now.  I'm so mad I'm shaking.     I can't believe he would flat out lie.  I have another court date in 10 days.  I'll let you know what happens.  If anyone has had a case thrown out of court by this guy would you please PM me.
Thanks,
Dave

Sorry to hear that Dave.  That is some serious BS.  I spoke with Ken about this and he was insistent that you have the abs in court if they were seized.  Call me if you need more info.  go gettum.

Wow, I think that someone needs to go back through the academy and read up on his fish and game codes. Dave said he was calm and had good manners (the warden). This tells me he is confused and needs a refresher. As someone who wears a badge at work I can say I've also made mistakes while in uniform, we are human but this is a pretty simple Reg. that I'm sure he has known for quite awhile. Dave will do fine in court,just have the regulation book and be polite. Good luck Dave,

Ranger Jim

Good luck but don't get your hopes up.
A few years back I had a friend who would take his aluminum boat from Lawson's Landing to near Tomales Point, park the boat and walk over the hill to rock pick in the waves.
He and his wife went together. They saw the DFG scoping them out but figured it didn't matter.
They each had their own sack. As they were making their way up the hill the wife was getting tired so my friend took her goody bag, tied a knot at the top, put that bag in his goody bag then proceeded up the hill.
When the warden who was watching them stopped them my friend opened his bag, gave his wife her still knotted bag then showed the warden his abs as his wife undid the knot on her bag to show the warder her abs.
The warden took his full limit bag and dumped his abs on the ground, took her under limit bag and dumped her abs on the ground with his, took a picture and cited him for being over limit.
Explaining to the warden did no good even though the warden was watching the whole thing the whole time.
Court and a lawyer did no good either.
Guilty and fined over 2K and this was over 10 years ago.
I wish you the best of luck. I have NO doubt you did nothing wrong and you may be the only person more pissed about this than me.
I am keeping my fingers crossed. I hope you end up with the equivalent of giving Mr. Citation a swift kick in the nads.

With so many clear violations out there for wardens to work on, it makes me crazy to see some of them do this kind of crap, but we all keep hearing about such cases, too many to be figments of the imagination.

One of the things that gets me the maddest, like "I'm so mad I'm shaking" is when someone insults my honor and integrity,

I feel for you Dave, burns my ass just thinking about it, but like Tote, I'm thinkin this is an uphill battle,

Good Luck
 
Dale L

Does the report say anything about photos or video?

Only that he photographed my ab's and gear once back on the beach.

How do you deal with outright lies?  It'll be Dave's word against the word of an officer of the law.  He's already been branded to the court by the reading of this stuff.  Good idea to get a lawyer, Dave.

When you think of it, here's a guy who's been diving for 32 years.  Is he really going to high grade by putting the abs on the boat, then take them off and return them?  Come on, nobody with that much experience would ever do that even if they wanted to high grade.  It's a fabrication.

Good luck Dave.  That would piss me off to no end.

And the real pisser is this: Even if he's eventually found not guilty, they've still put him through the ringer.  He'll have to get a lawyer ($) and spend tons of personal time ($$$) dicking around in a courtroom.  Who compensates him for this?

I feel your pain.  Each time I got a moving violation, the stinking citation never reads like i recall the events.  Unfortunately, so hard to corroborate the truth without third party witnesses, supporting docs, etc. 

It is about principal now.  I'm so mad I'm shaking.    

Litigating on principals gets expensive real quick.  Have you thought about seeking the officer's personnel file via a Pitchess motion?  Pitchess is a request made by a defendant in a criminal action for access to information in the personnel file of an arresting police officer.  The idea is that a defendant is entitled to any exculpatory information, including the officer’s personnel file if you suspect the officer had engaged in misconduct.

A Pitchess motion usually pisses them off something fierce b/c its served on officer's CO/ Chief, who then has to compile the file.  Upon receiving a Pitchess motion, the agency is required to notify the officer affected, who is entitled to separate representation, at his/her own expense, at the hearing if s/he so chooses.