WARNING - warden may cite if you use abalone guts as bait

Hey guys, I have to tell you I always enjoy these discussions as they are informative and beneficial. This past weekend a group of dive buddies spent 4 days at Salt Point. We were checked by F&G every day. On Sunday my dive partner and I decided not to get wet and fished from shore while the rest dove. While fishing, a very cute, F&G and a guy in total camo garb approached to see how we were doing. I joked about casting out into a pile of kelp and dragging it to shore and that we were here more for exercise. She specifically asked what was in our bait bag, a clear ziploc of abalone gut, and I replied without hesitation not being aware of anything illegal. She said absolutely nothing about it, checked our licenses and chatted with us a few minutes about the weather before going on her way. Somewhat related is what occurred on a similar group trip about a year ago at Albion. We were all returning home on a Sunday afternoon and were stopped by a F&G checkpoint on hwy 128. Having carefully counted all of our abs, all zip locked in ice chests and attached to shells, we had no concerns when asked to search campers etc.. F&G found one baggy of cooked leftover abalone from dinner in the fridge and told us it would have to be counted as an abalone and technically made us one over but only issued a warning. This April 2010 our same group did the opener at Albion. One afternoon while just kicking it at the river dock I was approached by a F&G officer who wanted to know if I had seen any Salmon being caught. We chatted awhile and talked a little about abalone regulations and interpretation. I specifically asked about preparing for immediate consumption etc. and his reply was very clear. Removal from the shell can only be in preparation of the abalone for consumption. Recalling our incident a year earlier with the cooked abalone leftovers I asked him about cooked abalone. He told me that once abalone is cooked it is no longer considered abalone but food. Being a little confused about his interpretation and what had happened a year earlier I asked for clarification. He then, somewhat disturbed about my lack of understanding, articulated it again. Once abalone is cooked it is food not abalone, do you understand. At that I thanked him and we went on our way. We currently take our cooked leftovers food saver and freeze them for another time. Like all laws and the sometimes complicated language used in writing them, interpretation is always key. 

Just another bored warden trying to amuse himself...

Exactly, and I would have told him see you in court.  Then I would have quoted directly to the judge from the regulations where they mention waste. Then when the judge dismisses the ticket I would wink at the warden.  What an a-hole!

I save my ab guts when I clean my abs at home. I take them with me and use them as bait but I dump anything that's left over before I return to shore.

I can imagine the warden reporting to his supervisor shift after shift saying he didnt give any tickets out and the supervisor giving him poor scores on his performance reports.  So I bet they go out and write chicken-shit tickets to keep the brass happy.  Thats just what I can imagine, or that they are just natural dickheads.  I love to Ab dive, and I'm sure my day is coming that I'm going to get hassled by a warden.  If I get a ticket I will fight it in court.  If I got an "Ab gut" ticket I cant imagine a judge finding you guilty.  As said in EricB's Manresa report, "just tell the cop yes sir yes sir" and take your concerns to the judge.  Its so frustrating to hear, glad the warden didnt do anything dumb, take care.

So far, all of the wardens I have encountered have been courteous and professional, some were conversational and informative, one gave up no information other than regs regarding the particular fishery.

I, for one believe it is a tough and sometimes dangerous job I would not wish to do. I like to see them out and observing, hopefully limiting poaching and catching "Poochers". Maybe this a Pollyanna view.....I have not yet encountered the type of wardens some have described