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Topic: Two Anglers Sharing One Rod  (Read 1367 times)

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BigJim

  • A-Hull
  • Manatee
  • *****
  • No white flags.
  • Location: Watsonville
  • Date Registered: Jun 2009
  • Posts: 15231
I think "scouting" falls under the definition of take (in the DFW's eyes). In that scuba example, just change scuba for another free-diver. It's still illegal for one person to assist another in taking abalone. I don't agree with the law or how DFW interprets "take." But I'm suggesting you leave that part out if approached by a warden (the part about marking/scouting abs for a fellow diver).  :smt008

Yeah, but then by that definition everytime I put a marker (weight/iron/gun) with a floatline on it next to an abalone I am involved in "scouting" and "taking" an abalone...

The area I was at on Saturday in Monterey County had quite a few abs out in the open (rare to see down here cuz of otters, think it is usually too rough for them right there?). If I had marked an ab with my gun and called a buddy over to check it out, then by the "scouting" definition above I would have been straight up poaching...

Don't worry...I am all yes sir, no sir in interactions with DFW wardens and would not bring up any issues like this when being checked.

But I personally disagree 100% that the act of marking an abalone while freediving and showing it to someone else is part of the "take" process.  :smt002

Sorry about the giant thread jack.  :smt005 :smt044 :smt005

 :smt006

Sincerely,

Jim
« Last Edit: October 29, 2015, 02:55:18 PM by BigJim »

~GS4  2010-1st~
~DOTY 2013-1st~
~T2B2 2015-1st~
*DOTY: 2012-5th~2014-5th~2015-4th~2016-7th~2017-4th~2018-5th~2019-5th~2020-2nd*


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
  • *****
  • LOWRANCE & SIMRAD PRO STAFF
  • Location: Aromas
  • Date Registered: Apr 2010
  • Posts: 11327
I think "scouting" falls under the definition of take (in the DFW's eyes). In that scuba example, just change scuba for another free-diver. It's still illegal for one person to assist another in taking abalone. I don't agree with the law or how DFW interprets "take." But I'm suggesting you leave that part out if approached by a warden (the part about marking/scouting abs for a fellow diver).  :smt008

Yeah, but then by that definition everytime I put a marker (weight/iron/gun) with a floatline on it next to an abalone I am involved in "scouting" and "taking" an abalone...

The area I was at on Saturday had quite a few abs out in the open (rare to see down here cuz of otters, think it is usually too rough for them right there?). If I had marked an ab with my gun and called a buddy over to check it out, then by the "scouting" definition above I would have been straight up poaching...

Don't worry...I am all yes sir, no sir in interactions with DFW wardens and would not bring up any issues like this when being checked.

But I personally disagree 100% that the act of marking an abalone while freediving and showing it to someone else is part of the "take" process.  :smt002

Sorry about the giant thread jack.  :smt005 :smt044 :smt005

 :smt006

Sincerely,

Jim
I'm "thinking" that there may some lenience if, say you had an ab iron with you vs. not with you?


BigJim

  • A-Hull
  • Manatee
  • *****
  • No white flags.
  • Location: Watsonville
  • Date Registered: Jun 2009
  • Posts: 15231
I think "scouting" falls under the definition of take (in the DFW's eyes). In that scuba example, just change scuba for another free-diver. It's still illegal for one person to assist another in taking abalone. I don't agree with the law or how DFW interprets "take." But I'm suggesting you leave that part out if approached by a warden (the part about marking/scouting abs for a fellow diver).  :smt008

Yeah, but then by that definition everytime I put a marker (weight/iron/gun) with a floatline on it next to an abalone I am involved in "scouting" and "taking" an abalone...

The area I was at on Saturday had quite a few abs out in the open (rare to see down here cuz of otters, think it is usually too rough for them right there?). If I had marked an ab with my gun and called a buddy over to check it out, then by the "scouting" definition above I would have been straight up poaching...

Don't worry...I am all yes sir, no sir in interactions with DFW wardens and would not bring up any issues like this when being checked.

But I personally disagree 100% that the act of marking an abalone while freediving and showing it to someone else is part of the "take" process.  :smt002

Sorry about the giant thread jack.  :smt005 :smt044 :smt005

 :smt006

Sincerely,

Jim
I'm "thinking" that there may some lenience if, say you had an ab iron with you vs. not with you?

I use my scallop and urchin iron as an abalone iron.

 :smt002

 :smt005 :smt044

~GS4  2010-1st~
~DOTY 2013-1st~
~T2B2 2015-1st~
*DOTY: 2012-5th~2014-5th~2015-4th~2016-7th~2017-4th~2018-5th~2019-5th~2020-2nd*


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
  • *****
  • LOWRANCE & SIMRAD PRO STAFF
  • Location: Aromas
  • Date Registered: Apr 2010
  • Posts: 11327
I think "scouting" falls under the definition of take (in the DFW's eyes). In that scuba example, just change scuba for another free-diver. It's still illegal for one person to assist another in taking abalone. I don't agree with the law or how DFW interprets "take." But I'm suggesting you leave that part out if approached by a warden (the part about marking/scouting abs for a fellow diver).  :smt008

Yeah, but then by that definition everytime I put a marker (weight/iron/gun) with a floatline on it next to an abalone I am involved in "scouting" and "taking" an abalone...

The area I was at on Saturday had quite a few abs out in the open (rare to see down here cuz of otters, think it is usually too rough for them right there?). If I had marked an ab with my gun and called a buddy over to check it out, then by the "scouting" definition above I would have been straight up poaching...

Don't worry...I am all yes sir, no sir in interactions with DFW wardens and would not bring up any issues like this when being checked.

But I personally disagree 100% that the act of marking an abalone while freediving and showing it to someone else is part of the "take" process.  :smt002

Sorry about the giant thread jack.  :smt005 :smt044 :smt005

 :smt006

Sincerely,

Jim
I'm "thinking" that there may some lenience if, say you had an ab iron with you vs. not with you?

I use my scallop and urchin iron as an abalone iron.

 :smt002

 :smt005 :smt044
I'm going to get myself a pet Otter & bypass all this legal junk to get ab's  :smt003  Heard the MBA turns out about 50 a year that have had interaction with humans in their exhibit & rehab program.  One of those could make a great "go fetch" pet  :smt002
« Last Edit: October 29, 2015, 02:59:08 PM by FishingForTheCure »


curplunkie

  • Sand Dab
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  • Kayak Fisherman in Training
  • Location: United States
  • Date Registered: Feb 2015
  • Posts: 85
This is a good question, and one I had as well.  Luckily, I was out ab diving and ran into a CDFW warden in a ghillie suit scouting for poachers a few months back.  I asked him this exact question since I stayed in the water to look for abalone for my friends who had a hard first crack at identifying the suckers.  He said that as long as I had no gear on me and had all my abalone tagged, I could go back into the water and search for abalone for friends.  I just couldn't help them pop them off, which we already know.

So I'm going to go with what he said, and continue to do the same, as long as I'm not prying them off the rocks for my friends/family members, I don't think they mind.
Ocean Kayak Trident 4.3 Ultra (Yellow)
Hobie Revo 13 (Red and Olive)


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
  • *****
  • LOWRANCE & SIMRAD PRO STAFF
  • Location: Aromas
  • Date Registered: Apr 2010
  • Posts: 11327
This is a good question, and one I had as well.  Luckily, I was out ab diving and ran into a CDFW warden in a ghillie suit scouting for poachers a few months back.  I asked him this exact question since I stayed in the water to look for abalone for my friends who had a hard first crack at identifying the suckers.  He said that as long as I had no gear on me and had all my abalone tagged, I could go back into the water and search for abalone for friends.  I just couldn't help them pop them off, which we already know.

So I'm going to go with what he said, and continue to do the same, as long as I'm not prying them off the rocks for my friends/family members, I don't think they mind.
Goes with my "thought" that lack of ab gear in-hand leaves one to the conclusion that you are simply exploring.


&

  • Sea Lion
  • ****
  • Date Registered: Mar 2005
  • Posts: 6637
Quote
I was out ab diving and ran into a CDFW warden in a ghillie suit scouting for poachers a few months back. 

for real tho.  Was it did up w bull kelp stead of twigs LMAO


Tote

  • One life, right? Don't blow it.
  • Global Moderator
  • Location: Diamond Springs, CA
  • Date Registered: Jul 2005
  • Posts: 12979
I have no problem of pointing out a really cool rock formation or maybe a star fish with my iron and float line for a fellow diver to check out.
Now if he just so happens to see an ab in the same area; great find on his part.
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