section 29.15 (f) violation

Its gonna be Dave's word vs the Warden.....but doesn't the fact the the citation is written for a completely different violation than the bogus bs outlined in the report????

Does the report make mention of the calipers at all?


Is this warden gonna get overtime for appearing in court? 

Man that just plain sucks, Dave! I really hope you are able to fight against the fraudulent account of what transpired. Who knows, maybe the warden wrote a plethora of citations that day and got your case mixed up with another..?
Either way, Good luck. May the force be with you.


I have to say that 98% of the DFG wardens I encounter are pleasant and respectful people. In fact, while steelhead fishing yesterday afternoon, I encountered 5 different wardens! And each one was very cool.

Sorry Dave, I am deeply disturbed of what I'm reading. I know you and I know you are telling the truth !!
This warden is a disgrace ! His behavior should not be tolerated.
His word against yours, but if the original write-up and his later story don't match, that could be your argument.
Hopefully his fellow wardens will bring justice,and take care of their rotten apple, if they trully believe in integrity and trust.
Wish you all the best! Dan

Any update since your last court date on the 12th. I'm very interested on what happens here. Hope all was straightened up,

Ranger Jim

Many of you may have heard this story already.  I posted it on Spearboard a week or 2 ago and it raised a real ruckus with 4500 guys looking over the post and 111 responses.  It also raised a big fuss on the CenCal freedive list.  I wanted to post it here too and let you know what happened.  It will ultlimately be decided by a judge but read the exerpt below and just dot your i's and cross your t's when you are out diving.  I have an email for Lt. Steve Riske of the DFG which basically states that the charge is bogus if I had my 7 inch gauge in my kayak, float, tube or on my person, which I did.  But I was cited anyway.  Read below for the full story. 

I have been ab diving since I was 12 years old. I got a ticket today. The first one ever, and I couldn't believe it. The kelp is very thick and there was a large ground swell. I was out with my kayak alone and diving fairly deep. I had a light in my left hand and only my 9 inch ab gauge in my right. I was measuring abs and when I would find a 9 I would pop it off with my hand. I took only 3. Tagged them and filled out the card as instructed. I had a bar and 7 inch gauge in my kayak, in the same bag I put the abs in. The officer watched me dive and fish for several hours and then met me on shore and wrote me ticket for not "carrying" a 7 inch gauge even though I had a 7 inch gauge and bar in the kayak. He said I had to DIVE with a 7 inch caliper measuring device. It is not good enough to have it in your float or kayak. Just wanted you all to learn from my misfortune. I couldn't believe it. It makes absolutely no sense to me. I have to appear in court in Dec.  The Warden's name was Mead and he was very polite and professional.  I just think this was an error on his part.  I had the proper equipment with me and I showed it to him.
Dave

I can't believe that they write such bogus citations. It is a waste of time and money for everyone. I tried to turn in six guys last year for taking less than 7" abs using tanks. By the time the warden got there they did not "have" any abs in there possesion and stated that they had been pleasure diving and not harvesting abs. Not so much as a warning was given, but the warden did search my vehicle after I told him i was diving for abs. I was also issued a trespassing violation for walking on the side of HWY1. He said that there is no easement and that Sea Ranch owned it. It kind of leaves a bad taste in your mouth for the good wardens out there.

My story has a happy ending.  At the pre-trial case conference 3 days before my trial the "unlawful take of abalone" and "7 inch gauge violation" charges were dropped.  I am very pleased about the outcome of my case.  This should have never happened in the first place and I will be taking that matter up with Warden Mead and a "Citizen's Report"  through the Fish and Game Department.  If you have a legit complaint you can file it by downloading a "Citizen's Report" from the DFG website.  It is a very fair and thorough process.  I know several guys who have already done it.  It doesn't cost you anything except time to fill out the paper work and an interview. I just wanted you guys to know the outcome of my case.  Thanks for your support.
Dave

P.S. If anyone needs a good lawyer.  My guy was great.  His name is Michael Lynch.  He can be reached at:

Michael Lynch Attorney At Law
1400 Dutton Ave. Ste 21
Santa Rosa, CA 95401
707-545-1522
[email protected]

RIGHT ON!!!!!!!! GLAD TO HEAR IT.

Glad there was a good outcome Dave. What a PITA and a waste of money and time.

I am glad that things worked out. A bittersweet justice for a cite that should have never happened. Hopefully your case has made officer Meade stop and think a bit before just writing cites that are way past being valid. Plus the the fact of all the money lost from all parties to persue it to the end. Dave, hows that eye doing? I hope you are better for the ab opener. With your 9 inch gauge of course.Craig

That's great Dave.  Please walk us through the citizen's report when you go through it.  That would help us alot as well.

I'm glad to see Al Capone got off.   


Really sucks that you had to go through all that crap unnecessarily, just because you held yourself to a higher standard than the law. 

As Mr.Tap said, walking us through your citizen's report will help a lot.  I'd love to see good rangers get what they deserve... and bad rangers get what they deserve as well. 

Congrats, man.  Did you have to hire a lawyer?  Did this cost you personally?

Law enforcement owes the public service. If you run into a good officer or warden then thank them and let them know you notice the good work. If you are treated unprofessional or disrespectful then cooperate and make a formal complaint. State law requires agencies to accept complaints. They are required to give you a copy of your written complaint and to investigate it. Grand juries have taken an increased interest in auditing department complaint files in the last few years.   

Nice work brother.  This whole thing makes me crave summer shrimp!

I'm giving up shrimp.  It is far to rich for my new diet. ; )