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Topic: Lessons Learned! $500.00 fine for using Two Poles OTW  (Read 7115 times)

0 Members and 1 Guest are viewing this topic.

Ichiro--RG

  • Salmon
  • ***
  • Location: Mountain House, CA
  • Date Registered: Sep 2012
  • Posts: 292
To all my friends and buddies, I am just about 7 months otw with my kayak.  I have no idea about the rules otw using two poles while catching RF. I thought having two poles stamp on my license was enough but it wasn't. I was slapped with a $500 dollar fine without a warning. Anyway, I love being otw with my kayak knowing that my wife bought me a Pro Angler and I can't live without the ocean. Paying the $500 fine wasn't fun but I do acknowledged my ignorance. Ignorance of the Law excuses no One. $500 was a lot but I'll just think as a gift to all the warden who are there to help us. I am not ashame for sharing this to everyone, I want everybody to know, new or old, to be more compliant with the rules or even read the Rule Book which I did not. Please don't condemn me for the mistake. I learned my lesson and it won't happen again. Thanks for reading guys.

Randy GB


Sailfish

  • Manatee
  • *****
  • .
  • Location: Prunetucky
  • Date Registered: Sep 2006
  • Posts: 27716
Thanks for sharing your story Randy.  Sorry you learned it the "expensive" way!
"Life is not about waiting for the storms to pass...it's about learning how to dance in the rain."


Tote

  • One life, right? Don't blow it.
  • Global Moderator
  • Location: Diamond Springs, CA
  • Date Registered: Jul 2005
  • Posts: 12979
Ouch. Sorry about having to fork out that kind of dough so close to xmas.
Where were you fishing?
How did he approach you?
Did you have any rockfish onboard?
Were you actively fishing two rods at the same time?
Sorry for all the questions but it's nice to know details when something like this happens.
<=>


Philiam

  • Sand Dab
  • **
  • fish /surf / wheel
  • Location: Pacifica, Ca.
  • Date Registered: Oct 2012
  • Posts: 52
That's rough man.  500 is painful no matter what.

Sorry for the dumb question, but you were actively fishing with two rods?  Dead sticking one and casting the other?

Phil


Philiam

  • Sand Dab
  • **
  • fish /surf / wheel
  • Location: Pacifica, Ca.
  • Date Registered: Oct 2012
  • Posts: 52
Shoulda updated and read Tote's reply before clicking post.  Sorry.


Ichiro--RG

  • Salmon
  • ***
  • Location: Mountain House, CA
  • Date Registered: Sep 2012
  • Posts: 292
I was fishing in Santa Cruz, my two poles were otw. When these two warden approached me, one asked me to reel my poles and luckily one big Rf was on the hook, the other does not. The other guy told me that I am not supposed to use two rod while catching RF. I told him that this is my first RF of the day. Without hesitation, he told his buddy to get my DL and stepped away from my kayak. And then, got back to me and gave me a ticket. That was it!


opie

  • Salmon
  • ***
  • Location: pacifica
  • Date Registered: Aug 2009
  • Posts: 139
Thanks for posting.  I am trying to get the hang of the saltwater rules and your post may have saved me from making the same mistake.  Bummer the ticket was so expensive.
   Chris


ex-kayaker

  • mara pescador
  • Sea Lion
  • ****
  • Location: San Jose
  • Date Registered: Dec 2004
  • Posts: 7083
I was fishing in Santa Cruz, my two poles were otw. When these two warden approached me, one asked me to reel my poles and luckily one big Rf was on the hook, the other does not. The other guy told me that I am not supposed to use two rod while catching RF. I told him that this is my first RF of the day. Without hesitation, he told his buddy to get my DL and stepped away from my kayak. And then, got back to me and gave me a ticket. That was it!


That's a rough one, the regulations in this state are so complex it's near impossible for a new angler to learn how to fish without breaking rules. 

Here's a good start on depth restrictions and size limits:



http://www.dfg.ca.gov/marine/mapregs4.asp

And


http://www.dfg.ca.gov/marine/mapregs3.asp

Also be sure to look at a rockfish ID chart.  There's a couple species that are endangered but very common. The ticket is probably double of what you received.
..........agarcia is just an ex-kayaker


alien

  • Sea Lion
  • ****
  • WSB/MBK 10/01/09 56"--/46 pounds
  • Location: Seaside/San Jose
  • Date Registered: Dec 2005
  • Posts: 3263
I think you could fight that one and win. If that was the first and only one rockfish that you caught while they were watching. I fish with two or even three rods on my first drop and if i catch a rockfish i feel i have a choice to release it or keep it. Then just fish with one rod after that if i keep the rock fish. or continue to fish with multiple rods as long as i don't have a rock fish on board.

$500.00 dollars is $500.00 dollars

Alien


Dale L

  • Sea Lion
  • ****
  • Location: Livermore
  • Date Registered: Dec 2005
  • Posts: 4966
Unfortunately the regs get more complicated every year, and they change year to year and there are evn "in season" changes.  It's really hard to keep up. 

When in doubt this foum is a great place to get clarification with someone usually posting up the text of the reg you may be asking about.

Other than that, read the regs, then read them again, and check online every once in awhile for inseason changes cause DFG doesn't do a good job of notifying the public of changes,

It sucks but there it is, I got a ticket in 2007 for something that is now legal.  (Honest mistake and charges dropped)  Which brings up another point, you can go to court and plead your case, might get the fine lowered or even dropped with a warning if you have an otherwise clean DFG record (not likely tho).


Joesmoe

  • Salmon
  • ***
  • Location: Fresno
  • Date Registered: Aug 2012
  • Posts: 211
It sounds like you didn't actually break the law, and that the warden was just being an ass, he could of just waited for you to land the fish and then if you put the second pole in the water then you would have been in violation.
 When rockfish (genus Sebastes), lingcod (Ophiodon elongatus),
are aboard or in possession, where only one line with not more than two hooks may be used pursuant to Sections 28.55, 28.27, 28.28 or 28.29.
2011 Hobie outback
2012 Ride 135


Tote

  • One life, right? Don't blow it.
  • Global Moderator
  • Location: Diamond Springs, CA
  • Date Registered: Jul 2005
  • Posts: 12979
The way I see it, from the information provided, is that you were actively fishing for halibut with 2 rods. This is legal.
You reeled up one rod which had a rockfish on it (by catch).
You can release the by catch and continue to fish two rods for halibut.
If you retain just one rockfish then you cannot fish with 2 rods, and said rockfish must have been caught while only fishing with one rod.
Someone correct me if I'm wrong.
Now if you admitted to the warden that you were actively fishing for rockfish with 2 rods you may have shot yourself in the foot on that one.
I would delete your post, go to court, and present the correct scenario which I reiterated for you.
Admit nothing, deny everything, blame everyone. Seems to be what works best nowadays.
« Last Edit: December 15, 2012, 10:03:23 AM by Tote »
<=>


DrDave

  • Sea Lion
  • ****
  • Location: Cloverdale, CA
  • Date Registered: Sep 2009
  • Posts: 1584
I would delete your post, go to court, and present the correct scenario which I reiterated for you.
Admit nothing, deny everything, blame everyone. Seems to be what works best nowadays.

 :smt044 so true
“This time, like all times, is a very good one, if we but know what to do with it.” Ralph Waldo Emerson


ex-kayaker

  • mara pescador
  • Sea Lion
  • ****
  • Location: San Jose
  • Date Registered: Dec 2004
  • Posts: 7083
Now if you admitted to the warden that you were actively fishing for rockfish with 2 rods you may have shot yourself in the foot on that one.


I got checked on the water about a half dozen times this summer, first question was always what are you fishing for, followed by a license request.  Along with # of rods they were also looking for barbless and circle hook infractions if salmon were in possesion. 
..........agarcia is just an ex-kayaker


LoletaEric

  • Gimme Shelter Annual Kayakfishing Tournament Director
  • Manatee
  • *****
  • The focus is achieving a state of mind.
  • LoletaEric.com
  • Location: Humboldt - Always OTW if there is an option.
  • Date Registered: Dec 2004
  • Posts: 19950
We've had previuos, recent discussions on here about this:

http://www.norcalkayakanglers.com/index.php?
topic=40847.0

« Last Edit: December 15, 2012, 06:10:38 PM by LoletaEric »
I am a licensed guide.  DFW Guide ID:  1000124.   Let's do a trip together.

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[email protected] - call me up at (707) 845-0400

http://www.loletaeric.com

Being an honorable sportsman is way more important than what you catch.


 

anything