For the legal eagles - what is "possession"?

I fish beyond the 50 fathom line in the AM and collect a few rock fish.  I go back to the dock, load the fish into the cooler in my truck and go back out.  Now I am fishing in 200 ft of water for sand dabs. I want to use my monster sabiki that has 8 hooks. 

The regs say -

When rockfish (genus Sebastes), California scorpionfish
(Scorpaena guttata), lingcod (Ophiodon elongatus), cabezon
(Scorpaenichthys marmoratus), greenlings of the genus
Hexagrammos, or species listed in Section 28.49 are aboard
or in possession, only one line with not more than two hooks
may be used pursuant to sections 28.55, 28.54, 28.27, 28.28
28.29, or 28.49, respectively.

The bold is mine. 

I am assuming that once I have rock fish and until I process them at home, I am under the 2 hook rule.  Is this true?

I'm planning an attack this weekend and this is throwing a minor wrench into the works!

Thanks!

Sandwg

You are correct.   Since the RFs in your vehicle,  they are still in your possession.

This seems up to interpretation to me and I see it the other way. I think that you are following the spirit of the law if you unload your catch, re rig your gear, and go out on what is essentially a second trip.

To me I would argue that it’s no different than having them in your freezer at home. This is saying they are in your vehicle in a cooler, back at the dock. You have returned, unloaded, and made a second trip.

I wouldn’t want to be in a position to have to defend myself here, but I feel that I would be on solid ground in doing so.

Feel like it would only matter if they were checking what you had in possession on the water, or in your car.  not many people get checked in their car, unless they were observed on the water doing something illegal and then searched.

Based on what I've seen with DFW regs, I'd say OP is correct that even putting the catch away in the car on the same trip would be considered possession.  Look at the sneaky way they word it too, "are aboard or in possession".   .

Based on what I've seen with DFW regs, I'd say OP is correct that even putting the catch away in the car on the same trip would be considered possession.  Look at the sneaky way they word it too, "are aboard or in possession".   .

I thought Won was going to refer to a different type of possession here.   

Hoping to hear from you soon, RB.   

I would think you're fine to execute the plan that you've described, but like another reply pointed out - wouldn't want to have to defend it.  Best of luck with your DoubleDay pursuit. 

Why not just catch sand dabs first, then pursue rockfish?   

From my understanding, once fish are landed then they become part of your home possession, not current fishing possession.

It's why some boats "land" their fish in the marina by taking their cooler, placing it on the dock, then putting it back on the boat.  Then they can then legally fillet the fish on the boat with less restrictions.

So by landing the rockfish and then heading out again, you are now free to use the sabiki.

Don’t answer questions.  Produce your catch on demand.  Want to search my car when I’m no where near it out on the water?  Get a warrant.  Want to search my freezer at home?  Get a warrant.

Pretty sure any reasonable judicial officer will not consider what is in your cooler in the vehicle in your “possession” for purposes of the fishing gear restrictions,  and I don’t know that a warden wouldn’t get an ass chewing for issuing a petty ticket like that, but if you don’t answer questions you probably won’t have to deal with it.  This is only for possession for purposes of gear restrictions.  It’s a broader definition for daily and possession limits.  Still don’t answer questions, don’t consent to search, and if demanding to see at camp or home, tell em to get a warrant.

It can get touchy depending on the warden, most of whom are fair minded with a few angry birds in the ranks

Up in mendo zone we were on the beach cooking up crabs that i got freediving

A warden showed up and spent a lot of tense moments measuring and remeasuring one to see if he could slip a piece of paper between one point and the guage

It was legal but maybe for pride sake or something he made me walk it to the water and release it

There's a discretionary thing you dont want to take chances with so should probably ask a warden about it The regs can get squirrely and tricky to read the way theyre written

Coastsiders report situations a lot and complaints are legit

Most of the wardens ive encountered were cool but i tend to err on the safe side

Don’t answer questions. 

Really? When the warden asks me what I'm fishing for (in my experience, that's typically the first words out of the warden's mouth), I should refuse to answer? I can only see things going rapidly downhill from there...

Don’t answer questions.  Produce your catch on demand.  Want to search my car when I’m no where near it out on the water?  Get a warrant.  Want to search my freezer at home?  Get a warrant.

Pretty sure any reasonable judicial officer will not consider what is in your cooler in the vehicle in your “possession” for purposes of the fishing gear restrictions,  and I don’t know that a warden wouldn’t get an ass chewing for issuing a petty ticket like that, but if you don’t answer questions you probably won’t have to deal with it.  This is only for possession for purposes of gear restrictions.  It’s a broader definition for daily and possession limits.  Still don’t answer questions, don’t consent to search, and if demanding to see at camp or home, tell em to get a warrant.

Game wardens can search your vehicle without a warrant.

Most of these guys probably appreciate a little basic cooperation and politeness

There are a few malcontents among them but probably natural given they’re probably underpaid and overworked

In the medical universe you sometimes work with people who are pissed off for reasons beyond your control. People in difficulties dont always respond gracefully. I’ve had my life threatened immediately upon walking into a room with people I’ve never met. Takes some patience and tact to get balance in a situation

I imagine wardens are up against shitty attitudes pretty regularly

Why not get the dabs first?? The little ones make great ling bait!!
Or, was this code for the salmon first rock fish second quandary?
But, I think salmon does have a carve out for “on the vessel”.

I think the warden would assess the situation in front of them. What fish are on board, and how many hooks are in the water. Everything else is circumstantial!

I’ve had my coolers checked in my van plenty of times. Gear was removed from the rod and no hooks in the water. At that point all that matters is whether or not I am over limits or under size.

You could also just fish for dabs with two hooks. I use 1/0 to weed out the crumb snatchers.

Don’t answer questions. 

Really? When the warden asks me what I'm fishing for (in my experience, that's typically the first words out of the warden's mouth), I should refuse to answer? I can only see things going rapidly downhill from there...

Exactly. “What are you fishing for” is a trap question.  Happens to the jetty rats here all the time, got 2 rods out and haven’t caught shit.  Wardens asks “what are you fishing for?”  Say lingcod or rockfish and you get a ticket.  Say nothing other than “I don’t answer questions”and you don’t.