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

I took advantage of the good weather today and dove just north of Ft Ross. On my way back, a warden came up and checked me. He said he's been watching me the whole day while I was down there (5+ hours!). I thought no big deal as I follow the rules.
But then he came up with something that totally shocked me. I had this small bait bag which contains a still-half-frozen abalone guts. I brought it with me but forgot to use it. So the bait stayed in my cooler the whole time. He said he could give me 2 tickets, for both 1 abalone over my limit and also abalone out of shell!! That's right, 2 misdemeanor charges for an old ab gut that I saved to use as bait! He said if the checkpoint catches me I would for sure getting 2 tickets, but since he was watching me the whole day and didn't see me eating the missing abalone meat on the beach, I got to get off with just a warning this time.
The point being, if you ever use ab gut as bait, you are at risk of being ticketed for abalone out of shell. If you happen to have your 3 abs with you, well, that's another over-the-limit charge!
I grew up learning to utilize every part of the game as possible. In fact, that's what they teach you to do in Hunter Education class. But if you try to be a responsible hunter and utilize every part of your game, you are at risk of being heavily fined and have your dive gears confiscated or worse.
This type of Nazy enforcement is getting out of control. Is this still the land of the free?

Wow this could be a huge problem in Monterey! Poaching charges? I'm gonna call DFG today some time. Also what about fish carcass in the bait bag? Damn that's a can of worms right there! Thanks for the heads up.

That just flat out pisses me off!!!!!!
I hit the cleaning station for guts all the time.

If I remember correctly, Erik (BlackAb) posed this question to DFG through their Q and  A site and was going to share the results/reply. Erik, could you chime in here? Any news on that?

If this is going to be an issue, we need to press F&G for clarification and/or exclusion for Ab guts for bait!

John

(modified due to bad memory)

Just another bored warden trying to amuse himself...

Was it TJ or the cute blonde? Anyways, thanks for the heads up.

thats some BS right there. And what the heck1? he sat an watched you for 5 hours? this guy must really be bored

In the private sector we'd call it a day off, chillin' at the beach.  In DFG, its lauded as a hardcore investigative stakeout

It was Warden P. Georges, with full badge and F&G warden marking on his truck.
At one point, I thought I was going to get the chickenshit ticket like Dave did last year. I am just glad that he let me off. It's far better to listen to some lecturing than having to go thru the ordeal of fighting it in the court.

Here's another discussion about ab guts for bait: http://www.norcalkayakanglers.com/index.php/topic,26033.0.html

Sadly, they can cite you for using ab guts as bait. Because technically, you're transporting an abalone (you harvested recreationally) outside its shell. Of course, any warden with worth his pay would understand you aren't intending to violate any laws, and simply issue a warning.
Glad you only got a warning Leon! I miss your reports man. Hope you're doing well and still diving & fishing!
PK

Thats sad to hear about. I wonder if a ticket has every been handed out for this. Glad I decided not to keep all the guts from the divers I met a couple weeks ago. Thanks for the heads up.

So it is illegal to make use of every part of the ab?

  x100!!!!!!!
Dammit!!!!!

It would seem counter to the law that states it's illegal to waste harvested game.

So it is illegal to make use of every part of the ab?

Absolutely not....just don't transport it after you've prepared for immediate consumption, use it all you want at home.  Or prepare for immediate consumption at the spot you're fishing 



Spirit v Letter, supposed to prevent poachers from shucking short abs and discarding the sub-legal shells.  I can see it being interpreted so that a citation can be issued but I have not heard of anyone receiving a ticket for it yet though.