Info on abalone bust...

Does anyone remember a story about some guys who got nailed by a warden at Sea Ranch for trespassing, and the warden took their abs and gave them to the Sea Ranch fire department?

The divers were filing a lawsuit last thing I remember.
Is there a link to an article or something on it?
Thanks!

http://www1.pressdemocrat.com/article/20081019/NEWS/810190353/1034/NEWS02?Title=Divers_challenge_seizure_of_abalone

 

Hard one to call.

Thanks for the link.
Yeah, reading it again, I don't think he had the right to confiscate the abs unless they broke an abalone-specific law, which they weren't cited for...

If I run a stop sign on my to/from ab diving, can a cop confiscate my abs claiming that I obtained them illegally? I'd say not.

Anyway, thanks again for the link.

Yeah, reading it again, I don't think he had the right to confiscate the abs unless they broke an abalone-specific law, which they weren't cited for...

I'm sure they can if I trespass to shoot a deer they are gonna take it, even if I shoot it on public land.

Hi Yakers:

  The diver are lucky they didn't get a ticket. The DF$G can be very Anal at times.
  I would let it go and, not pick a fight with the Machine.
                                                              Sea-ya
                                                              Ernie
                                                             

I agree with Mendohead,leave it alone! They still can be cited for not tagging them immediatly.

I have sympathy for those local Sherrifs; they're asked to do a lot of work that would normally be handled by another form of law enforcement....like picking up the DFG's slack. And I doubt this particular officer intentionally did something malicious. Heck, he probably felt like he was cutting them a break (and maybe he was).

I'm interested to hear how this case shakes down. Because those abs were harvested legally from a public resource (the ocean below mean high tide, right?). Yes, they trespassed to reach the ocean. But they did not harvest the abs ON Sea Ranch's private property.
 

I wrote the reporter for the Press Democrat inquiring about the case, her response below.  Didn't see the civil case filing under any of the litigant names in Mendocino County Superior Court's Registry of Actions.  http://www.mendocino.courts.ca.gov/civil.html.  so either i didn't find it, they haven't filed yet, or they filed in federal court (doubt it!). 

~~

Hello,
Thanks for the note.  I don't keep track of the cases I cover by case number, so I can't be of much help in that regard.  However, the attorney who represented the men, Jasper Monti of San Francisco, could probably help you with that information.  From what I understand, the case was dropped, but I was unable to cover it, so I don't have the details.

Best of luck. I agree, there are interesting issues here.

Lori A. Carter
Courts reporter
The Santa Rosa Press Democrat
A New York Times newspaper
v: 707-568-5312
c: 707-494-9402
f: 707-573-9720

[email protected]

I am telling you. There is a sheriff on the coast above Jenner that is a big $#@!%^&*. I have heard many stories about him. I don't know his name but he is legend. Ask Redyak about his experience. He told me and I couldn't believe it.

I am glad to hear the case against those guys was probably dropped. They were not poaching abs and from personal experience "trespassing" anywhere in sea ranch is easy to do and easy to get caught doing. I had to beg forgiveness like a sinner on sunday to get the "boot" removed from my truck for parking illegally and not having the "cash only" $100+ boot removal fee to pay the sea ranch security person. I had got away with free/illegal parking for a long time before that, but learned my lesson and started paying to park after that. The incident Craig refers to was a trespassing citation issued to me, also a long time ago, for photographing some surf from the grounds of the Timber Cove Lodge. Which was dismissed by the judge after I provided a letter from the property owner allowing me to be there. That particular sheriff was definitely an ass. Not because he cited me but the way he spoke to and treated me. I've been given plenty of tickets and arrested several times and all those officers treated me fair and with the tiny amount of respect I deserved, as hey I was cooperative, but still breaking laws. All I ask for is to be treated fairly. I'm sure he's not the same guy that cited and confiscated the abs. Cite and Confiscate=Heavyhanded. Cite and Warning to escalate/write them up for worse next time=fair. IMO. Want to see the picture I took that day? You're lookin at it.....jim/redyak

Abalone Confiscated ; been there done that ! Long story short , 13 yrs ago abs taken for tresspassing in an unposted area I have dove for years , been checked by F&G many times there ! Was pissed , Ed Ramos , F&G Warden would not cite us or arrest us , but took our abs all the same and told us we were done for the day as we already picked OUR limits ! Talked to his Lt. on Monday for a half hour - no honor among thieves , got no where with him either . Ukiah is to far away to pursue the matter , so we just let it go .

Abalone Confiscated ; been there done that ! Long story short , 13 yrs ago abs taken for tresspassing in an unposted area I have dove for years , been checked by F&G many times there ! Was pissed , Ed Ramos , F&G Warden would not cite us or arrest us , but took our abs all the same and told us we were done for the day as we already picked OUR limits ! Talked to his Lt. on Monday for a half hour - no honor among thieves , got no where with him either . Ukiah is to far away to pursue the matter , so we just let it go .

 Yea, someone had a real nice ab dinner that night. I wonder if you would get in serious trouble by urinating on the abalone before handing them over?

The whole Sea Ranch situation upsets me, with so little public access. I wonder what kind of process would be required to convince the authorities to allow for more parking along the SR coast if Salt Point SP is shut down.

Craig had the idea of shuttling people into Sea Ranch what we need to do is get an old funky bus fill it with guys and Kayaks and invade the place