Court Reports

Seen this on another site... http://www.advocate-news.com/ci_10055575?source=most_viewed

Lots of people getting busted for abalone violations.

One guy "had three abalone taken by another. He was placed on a 12-month probation, fined $1,566, and ordered to forfeit his dive gear and abalone."

Another "was placed on a 12-month probation, fined $1,458, and ordered to forfeit his dive gear for failure to reattach two abalone."

Thanks for sharing, It's good to see F&G having success in protecting the resource.  It also makes me feel less pissed off  when F&G sometimes treats me ("Dudley Do Right"  )  like a criminal while checking me and my abs, because I know they are still catching plenty of poachers.

I wonder what they do with all that confiscated dive gear.

I wonder what they do with all that confiscated dive gear.

I heard they sell it for Guatemalan Rum 

What else?   

I remember a while back Mahi mentioned that some local agency was selling the stuff.  Sounds like a pretty good way to get some descent dive gear for cheap.

what do they mean by "abalone taken by another.".  Does that mean that say for example they were transporting properly tagged abs taken by one of their partners who happened to not be present during the inspection?


I've been wondering (but have avoided asking because I don't really like the over thinking that some of us do with these types of question) could there be an issue if:

1) I'm diving with a partner (both ab diving) and we both put our abs in the same yak.  We paddle in and then properly tag our own abs?

2) I'm diving with someone with someone as my spotter (she doesn't have an ab card and isn't diving) and I put my abs into her yak because mine is a bit far away. I then take them from her boat and put them in mine before paddling in and properly tag them when I get to shore.  What about if she paddles in with them but then I properly tag them when I get to shore.

Your illustrations are excellent examples, Angel.  Quick answer:  You must not find yourself in a position where you've comingled your catch with someone else's, and you must not place abalone aboard someone else's boat - that's the way you would avoid any problems in those situations.   

There have been many recent cases of law-abiding ab-divers being cited because of simple mistakes and how strict the enforcement is now, and it's frustrating to think how the real poachers may be flying under the radar of all that the rest of us are being made to do.  But there are large-scale poacher investigations and busts happening as well, and that's encouraging.  We can bitch about the tight rules and disfunctional tags and system, but right now it's really up to us to follow the rules as closely as we can and hope that feedback leads to good changes and that the tighter system leads to a sustainable and monitorable situation.

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 subsection
(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.



Hmmm........       Just stirring the pot.

-Brian G

And how does one go about Declaring a Multi-Day Fishing trip?  Never heard of such a thing but I guess it makes sense now that I think about it.

Michael

A F&G Officer once told me if you have a 2-day limit in possesion you had better have a reciept for a campground , rental home or motel proving you had been on the coast overnight . That was close to 20 years ago , not sure what the ruling would be on that now ? Also at that time you could give your abs away as a gift , then they are longer part of your possesion limit . Sounded good at the time , but seems a little fishy to me as a older / wiser ab diver .

A F&G Officer once told me if you have a 2-day limit in possesion you had better have a reciept for a campground , rental home or motel proving you had been on the coast overnight . That was close to 20 years ago , not sure what the ruling would be on that now ? Also at that time you could give your abs away as a gift , then they are longer part of your possesion limit . Sounded good at the time , but seems a little fishy to me as a older / wiser ab diver .

Two limits will get you a $1500 PLUS TICKET TODAY. You can still gift abs, but they better have the tags on them from the prior day to the limit you posses. Best to write out a small note that you gifted the abs with the tag number written on it , dated and signed by both parties to cover all your bases. Keep them seperate from your limit and make sure the person you gifted them to keeps the gifted limit with their person. Kimo

Multi-Day permits see the most action in socal overnight island or offshore bank trips.  I've never seen the abalone clause though.  Plus I think its gotta be multiple days on a boat.  Wanna guinea pig for us Brian?
http://www.dfg.ca.gov/licensing/pdffiles/fg935.pdf


PACifiCO, how can we not hyperanalyze the situation, in abalone'in there's more ways to break the law than not, even when you're doing your best to be legal. I wouldn't worry too much about the who's boat are they in scenario.....Liz will get the ticket not you, you're in the clear