Seized Fish and Game: What Happens To It?

May 23, 2013

Question: What do the wardens do with the seized abalone, crab, cod, salmon, etc.? You can’t tell me that it gets thrown away! (Austin)

Answer: When unlawfully taken fish or game is seized, it is kept as evidence until the case is settled or until the judge orders it returned. In most cases though, if at all possible and in good condition, seized fish and game is given to the homeless shelters or soup kitchens that allow donations of wild fish and game. Because of inspection requirements, some facilities may not be able to accept these donations. If a suitable facility cannot be found, the evidence is thrown away or destroyed. In some commercial cases involving commercial size loads, the Fish and Game Code allows for this evidence to be sold and the proceeds may be used by the Department.

Along those lines, what does the department do with the gear that is confiscated?  Are they auctioned off if so is the auction advertised?

My buddy knew one of the guys nabbed in that big sturgeon poach bust a few years back. Swat kicked in his door and took everything fishing related ( even a Mickey Mouse pole ). So the guy lost out in over $20k in fishing equipment ( had boss accurate reels and sorts) over poaching sturgeon eggs that he probably only made a few thousand on.  In the end he was band from fishing in the state for 5yrs and fined a few thousand + a little jail time. Now his band is up (2012) and he's fishing again. The guy took 1st in a sturgeon derby 2 years ago. Just hope he learned his lesson that is not worth it to break the law to make a few bucks.

Don't know what the dept. did with his equipment. I would ask a warden what they do with stuff like that.

xmas presents all around for the PD and FD . . .

probably the same thing that happens to the dub sacs they take from teenagers.   

Seized gear is auctioned off. Auctions are posted in the Sacramento Bee, among other places. I have eaten the seized abalone at the fund-raising breakfasts for the Point Arena Senior Center. A good deal for a twenty buck ab and egg breakfast.

You can smell the evidence locker from miles away. 

Even after cases are settled, dismissed, or convictions handed down, our agency lets evidence sit if it is not claimed. It is often up to the defendant to file with the court to have the evidence returned, and most people don't. It just sits there. Crazy.

Even after cases are settled, dismissed, or convictions handed down, our agency lets evidence sit if it is not claimed. It is often up to the defendant to file with the court to have the evidence returned, and most people don't. It just sits there. Crazy.

So that's what happened to the fish and rods DFG took from us in the early 90's. we didn't go to court and just paid the fine. honest mistake that did not go unpunished.

I have a shotgun out there somewhere from back in the 70's. The judge told me that once it's confiscated, it can't be returned

I have a shotgun out there somewhere from back in the 70's. The judge told me that once it's confiscated, it can't be returned

You have to get a letter of eligibility from the DOJ, present to the court, and your gun will be returned. If the DOJ deems you unfit to own a firearm, you are SOL.

I have a shotgun out there somewhere from back in the 70's. The judge told me that once it's confiscated, it can't be returned

You have to get a letter of eligibility from the DOJ, present to the court, and your gun will be returned. If the DOJ deems you unfit to own a firearm, you are SOL.

Thanks for that. I pled guilty and the judge dropped the fine down from $550 to $150 after I explained my side of the story, so I went out and bought a new 870 Wingmaster. The one they kept was an old HC Higgens from Wards that was wore out and rusty.