Who’s Right – The Sheriff or Me?

August 5, 2010

Question: Are there any rules on the numbers of fishing rods someone can use for ocean fishing? I had a bad experience recently with an Orange County sheriff who saw me on the Newport Beach jetty fishing with several poles. He told me I was allowed only two poles. I told him I’d seen a sign posted at a nearby pier that said, “Maximum limit three active poles.” The officer said the pier was not following the Fish and Game rules. I told him I thought what applies there also applies here in Newport since Fish and Game rules apply statewide. I presume sheriffs can’t represent Fish and Game regarding fishing rules and should instead be catching fugitives, bad guys and drug traffickers and not bothering fishermen! I didn’t want to argue with an officer with a gun, especially a sheriff who doesn’t know the rules, but I felt the officer was harassing me. (Dandy L., San Bernardino)

Answer: Sheriff’s deputies do enforce Department of Fish and Game (DFG) regulations when they see violations, and in this case, the deputy was correct. When fishing in the ocean from a public pier or jetty, DFG regulations allow for only two rods and lines, two hand lines, or two crab nets, crab traps or other appliances for taking crabs (California Code of Regulations Title 14, section 1.88 specifically describes a jetty as a structure that is “connected to land … and whose purpose is to form the most seaward protective boundary of an ocean harbor …”). If the sign on the nearby pier indicated a three-pole maximum, then it was not a sign that was posted or authorized by the state. City regulations can be more restrictive than state DFG regulations, but not less restrictive.

"especially a sheriff who doesn’t know the rules". Seems like he did know the laws. hehehe