Be careful when kayak fishing/diving at Sea Ranch

therefor pool noodle = boat

 

But what Westlaw came up with was this:

14 CCR s 6565.2

Cal. Admin. Code tit. 14, s 6565.2

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 14. NATURAL RESOURCES
DIVISION 4. DEPARTMENT OF BOATING AND WATERWAYS
CHAPTER 1. DEPARTMENT OF BOATING AND WATERWAYS
ARTICLE 4. EQUIPMENT REQUIREMENTS
This database is current through 08/18/06, Register 2006, No. 33.

s 6565.2. Definitions.

As used in sections 6565.2 through 6565.8:

(a) "Boat" means any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of six or fewer passengers.

(b) "Recreational boat" means any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter's noncommercial use. It does not include a vessel engaged in the carrying of six or fewer passengers.

(c) "Vessel" includes every description of watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

(d) "Use" means operate, navigate, or employ.

(e) "Passenger" means every person carried on board a vessel other than:

(1) The owner or his representative;

(2) The operator;

(3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

(4) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.

(f) "Racing shell, rowing scull, racing canoes and racing kayak means a manually-propelled boat that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.


Note: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.


Therefore, by California Law, a kayak is a vessel, but not a "boat". So if the Abalone take law uses the word "boat" rather than "vessel", I think there is a case for dismissal.

Regards,
Scott

Ooops, maybe not. This is from the Abalone regs:

For the purposes of this section a boat is defined as any watercraft used or capable of being used as a means of transportation on water (reference Section 9840(a), Vehicle Code and Section 6552(q), Title 14, California Code of Regulations).


However, a search for a definition of "watercraft" is coming up dry (pun definitely intended)


Regards,
Scott

I think the intent of the law is actually pretty clear.  Thus, you would have to hire a pretty fancy lawyer to try to get out of it.

It is better to just go to the judge and say what happened and say that your sorry and won't do it again.

This virtually assures you of paying a much lower fine.  Being polite and contrite helps a lot.  Being aggressive and combative in court is a recipe to pay the full fine. 

Explain the situation clearly and concisely and your sould do OK.

I've gotten a $250 or so fishing fine (fishing two rods without a 2 rod stamp) reduced down to $75 by explaining what happened (by mail even!) to the judge.

MolBasser

This "is it a boat/vessel or not" seems to have been started by my post. I never meant to imply that a kayak was not a boat or vessel. The point of my post was to say that seeing as he had lost his ink pen, he should have still tried to punch out the hole in the card in an attempt to follow the law as much as he was able to at the moment. Doing that much should impress any logical minded LEO or judge. Notice I said "should". No guarantees in that situtation.

this is not the first time I have heard of people  getting abs taken in Sea ranch,the word on the streets is the sherriff has A warm  spot in his belly for them.
 last year some of my buddies were diving there,with permission from A home owner.the Sherriff took all  six abalone from the two guy's and told them to get out,he did not want to even call the homeowner who told them they could dive at that spot.when they questioned why,then they were told to leave before he arested them on tresspassing charges

"any structure capable of floating on the water."

I guess my Plano Bait Bucket is a vessel also and I need to take the float off my drift chute line 

this is not the first time I have heard of people  getting abs taken in Sea ranch,the word on the streets is the sherriff has A warm  spot in his belly for them.
 last year some of my buddies were diving there,with permission from A home owner.the Sherriff took all  six abalone from the two guy's and told them to get out,he did not want to even call the homeowner who told them they could dive at that spot.when they questioned why,then they were told to leave before he arested them on tresspassing charges

If this is the case...... 

No one likes a crooked cop... 

MolBasser

Ok, I just remembered the last diving trip I took up that direction, we got checked by a warden that was telling us of a bust he made in the morning of to divers trespassing sea ranch in the morning, he took their ab (had over their limit), cited them, and sent them on there way, only to bust the same two guys later in the day 4 miles up the coast for hte same thing on private property again, with too many abs. some people don't learn....lol. Personally, I have only been checked by wardens that were cordial and polite. But I stay away from sea ranch. There are many bettrer places.

skyboy

There is legal access at Sea Ranch, and if you access it by water its all good.

I've gotten a $250 or so fishing fine (fishing two rods without a 2 rod stamp) reduced down to $75 by explaining what happened (by mail even!) to the judge.

MolBasser

What's a two-rod stamp? Never heard of it.

In freshwater in california you can only use one rod, unless you have a two rod stamp.  Then you can use two rods.

I was fishing the canals in Imperial county with two rods without the stamp.


MolBasser

In freshwater in california you can only use one rod, unless you have a two rod stamp.  Then you can use two rods.

I was fishing the canals in Imperial county with two rods without the stamp.


MolBasser

Didn't know that. So no stamp necessary for two rods in salt water?

In freshwater in california you can only use one rod, unless you have a two rod stamp.  Then you can use two rods.

I was fishing the canals in Imperial county with two rods without the stamp.


MolBasser

Didn't know that. So no stamp necessary for two rods in salt water?

That is correct.  You can fish as many as you can "reasonably attend" in salt water.

MolBasser

I'm reasonably certain that the two rod stamp only applies for lakes/ponds in freshwater. Not in rivers/creeks.

No two rods for Rockfish or Salmon in the salt.

Scott