Blindsided by Fishing Violation

March 5, 2015

Question: While surf fishing for the first time this past November near Santa Monica, my son caught a fish which he thought was a flounder. It was still alive and in a bucket of salt water when a wildlife officer saw it, identified it as a halibut, said it was undersized and released it back into the ocean. We were unaware of species size restrictions so he gave us a handbook. The regulation booklet is a long, dense read to say the least, and complicated unless you fish more actively and are more knowledgeable than we are.

Even though this was a first offense and the fish was still alive, the officer cited my son. He said it would be like a driving violation and we would receive a bail amount notification by mail. That did not happen and now we see that the violation states we must appear this next Wednesday at court in Santa Monica.

When we purchased our licenses nothing was said about regulations or restrictions so we were blindsided by the violation. We had expected to pay a fine but does he need to appear in court? (Craig T.)

Answer: Your son may have a few options. He may call the court at the number listed on the citation to see if the court has a system in place to allow him to “forfeit bail” (pay the fine). He may also be able to look at the court’s website and determine if the court allows for fines to be paid online. He may choose to appear in court and explain his circumstances to the judge. Judges have discretion in these matters and can assess the full fine, reduce or suspend the fine or dismiss the charge altogether. If the court is not set up for either of those first two options, or your son wishes to speak to a judge, he needs to appear in court at the date and time listed on the citation.

We commend you and your son for taking up fishing as a new hobby and despite your unfortunate identification mistake, we hope you will continue. As with any new angler, we recommend you keep a copy of applicable California Sport Fishing Regulations with you while fishing, and perhaps an identification guide that is available in many bait shops or online to assist with learning proper fish ID and the regulations. We recommend the same for new hunters, too.

Oh, the license didn't mention regulations, so there presumably are none? 

not buying it.

Oh, the license didn't mention regulations, so there presumably are none? 

not buying it.

Yup

Ignorantia juris non excusat

Ignorance of the law is not an affirmative defense........

Yes, give us money so you don't have to give us even more money, but in the meantime, thank you for giving us money, and feel free to keep giving us money.

I'm really hoping this person was "blindsided" by the process not going as planned(failing to receive the original notice), and not the fact that his son was cited in the first place.

If its the latter, please stop producing offspring. The rest of the world is tired of dealing with them.