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Topic: stupid dumb question  (Read 3814 times)

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Mojo Jojo

  • Sea Lion
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  • Location: Tillamook, Oregon
  • Date Registered: Apr 2016
  • Posts: 2043
Not from California and Washington state regs are also ridiculously complicated, why I'm staying in Oregon..... BUUUUT once you fillet the fish and ziplock said fillets would that solve the problem, as long as you don't have 200 lbs of fillets for a 4 day vacation in the coolers in your car? Is filleting the fish legal once your out of the boat on land? We have fish cleaning stations at some of the bigger launches and guys do the slice and dice before leaving the parking lot most of the time. 


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We're missing the obvious solution for a 2 day camping trip: night 1: fish tacos.
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crash

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Not from California and Washington state regs are also ridiculously complicated, why I'm staying in Oregon..... BUUUUT once you fillet the fish and ziplock said fillets would that solve the problem, as long as you don't have 200 lbs of fillets for a 4 day vacation in the coolers in your car? Is filleting the fish legal once your out of the boat on land? We have fish cleaning stations at some of the bigger launches and guys do the slice and dice before leaving the parking lot most of the time. 

Some fish can even be filleted on the boat.  Once you are on shore you can fillet your catch, but any fish in your possession counts toward your possession limit whether its vacuum sealed, cryovaced, frozen, smoked, canned, salted, or what have you.  The only things you have to keep intact until prepared for immediate consumption is abalone and lobster.

Oregon is much more generous.  You can have at least double daily limits of everything except abalone, triple daily limits of halibut, and unlimited possession limit of adult salmon.  Once you have the fish home it doesn't count toward your possession limit at all. 

"SCIENCE SUCKS" - bmb


E Kayaker

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  • Location: Vacaville
  • Date Registered: Sep 2010
  • Posts: 4650
that's the way I understand it also and I'm not trying to bend the regs . just pointing out how the law is interpreted
Do they have to be with you?

How will you transfer possession if they aren't with you?  You can't unpossess something that is still physically in your possession by claiming that you gave it to someone else that isn't there.  Thats true for fish, cocaine, or anything else LEA might find in your car/cooler/pocket/etc.

I understand the issue, but possesion limits count at home as well. If my wife and I both have a possesion limit at home, and she is not home, it is a similar issue.

Your home is different than your cooler in the back of your pickup at the coast.

If you have 2 possession limits in a two person home, you are not permitted to take any more fish until those fish are no longer in your possession.  You can consume them or give them away.

If you have a warden going through your cooler at home you've got way bigger problems than simple over-limit violations.
I know common sense, splitting hairs and grey areas all apply.

I don't know how they would handle it, and it could be clearer. If I'm in camp, I am home, that's why I can have a gun. Does my wife have to be there the whole time or the second limit is a violation? If my buddy shows up to fish on his motorcycle, is it really a violation if I transport his fish for him? If I take the fish home and put them in the freezer while my wife isn't home, do I have to wait for her to arrive home before I can gift them to her? I have my wife and two kids living at home. I'd like more official info in the regs on the legal transfer of possession.

As you said you're not going to have F&W looking in your freezer under normal circumstances. That's not an excuse though. They need to remain within the letter of the law the same as we do. It really should be spelled out. The "owner" of the fish must remain in the vicinity of the catch while out side your permanent residence? So if your wife is gifted the fish in camp but leaves the fish there, you can be cited? As long as you can prove she was there, it's legal? Clearly I wouldn't be in violation for two limits at home when only I am home. If that is illegal when I'm in a vehicle or camp or RV, then the details of that difference should be in the regs.
http://www.norcalkayakanglers.com/index.php?topic=42846.msg470404#msg470404

The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope.  ~John Buchan


crash

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  • Date Registered: Dec 2007
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Your vehicle is different than your home.  Your campsite and RV is more like your home than your vehicle, but are not the same thing. Just because your campsite is your home for purposes of the penal code regarding possession and carry of firearms does not mean it is the same as your home for purposes of DFW warrantless search enforcement.

Your friend with the motorcycle should caravan with you to prevent any problems.

I think that the laws are fairly well spelled out, and that the words are given their ordinary meaning.  I think its stupid that CA counts the duck in your sausage in the freezer against your possession limit, but I think the law is clear in its stupidity.  I don't think this is one of those areas where the law is unclear.  The laws regarding warrantless searches of vehicles, terry stops, searches incident to arrest, highly regulated activities, and the like are all fairly settled at this point.  Mostly now we just quibble about the margins.

As always, do not consent to DFW searches and do not answer questions.  Comply with all demands, produce license and catch upon demand, but do not volunteer anything. Be exceedingly polite throughout a LEA encounter.  Doing those things will make your lawyer happy.
"SCIENCE SUCKS" - bmb


RacinRob

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Think of this too, if you are fishing and sharing a stringer with your fishing partner, and the warden walks up and asks to see your fish, if you have more than one limit on he may ask which fish belongs to who. If you can not identify which fish belongs to who, one of you can get a ticket for over the limit. I never share stringers. If this ever happens answer quickly and firmly. Say without hesitation, the first 4  or whatever are mine and the rest are his. Just make sure you never say 5 if the limit is 5 and you are still fishing. When I head home from the coast with whoever I fish with I make sure the catch is separated in the cooler too.
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mako1

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Think of this too, if you are fishing and sharing a stringer with your fishing partner, and the warden walks up and asks to see your fish, if you have more than one limit on he may ask which fish belongs to who. If you can not identify which fish belongs to who, one of you can get a ticket for over the limit. I never share stringers. If this ever happens answer quickly and firmly. Say without hesitation, the first 4  or whatever are mine and the rest are his. Just make sure you never say 5 if the limit is 5 and you are still fishing. When I head home from the coast with whoever I fish with I make sure the catch is separated in the cooler too.

Good to keep in mind!
If you don't know where you're headed, any road could get you there.


E Kayaker

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  • Location: Vacaville
  • Date Registered: Sep 2010
  • Posts: 4650
Your vehicle is different than your home.  Your campsite and RV is more like your home than your vehicle, but are not the same thing. Just because your campsite is your home for purposes of the penal code regarding possession and carry of firearms does not mean it is the same as your home for purposes of DFW warrantless search enforcement.

Your friend with the motorcycle should caravan with you to prevent any problems.

I think that the laws are fairly well spelled out, and that the words are given their ordinary meaning.  I think its stupid that CA counts the duck in your sausage in the freezer against your possession limit, but I think the law is clear in its stupidity.  I don't think this is one of those areas where the law is unclear.  The laws regarding warrantless searches of vehicles, terry stops, searches incident to arrest, highly regulated activities, and the like are all fairly settled at this point.  Mostly now we just quibble about the margins.

As always, do not consent to DFW searches and do not answer questions.  Comply with all demands, produce license and catch upon demand, but do not volunteer anything. Be exceedingly polite throughout a LEA encounter.  Doing those things will make your lawyer happy.

I will try to research it. I am unaware of any regs that spell out family transfer and possesion. I want to do everything I can legally within the letter of the law. I don't want to venture into the grey areas just because there is a low probability of getting caught. Since we don't require all people in the family to be touching the catch at all times at camp or home, there should be a straight up legal way to transport it. Maybe bagging it with name and address of the owner to allow confirmation if needed. The sad part is that these regs are to prevent someone with 476 daily limits in their freezer from saying they went fishing 476 times and all the fish are legal. I understand it helps to prosecute the criminals. There should be specified allowances for family possesion and transfer so we are not harmed any more than necessary. We should be able to posess a family limit on land no matter where or with who, as long as it was caught legally. I'd be willing to carry documentation to prove who lives in my house for that purpose. It shouldn't be necessary for my children to be in camp to legally posess their share.
http://www.norcalkayakanglers.com/index.php?topic=42846.msg470404#msg470404

The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope.  ~John Buchan


SmokeOnTheWater

  • Sea Lion
  • ****
  • Location: Santa Clara
  • Date Registered: Dec 2011
  • Posts: 4548
Your vehicle is different than your home.  Your campsite and RV is more like your home than your vehicle, but are not the same thing. Just because your campsite is your home for purposes of the penal code regarding possession and carry of firearms does not mean it is the same as your home for purposes of DFW warrantless search enforcement.

Your friend with the motorcycle should caravan with you to prevent any problems.

I think that the laws are fairly well spelled out, and that the words are given their ordinary meaning.  I think its stupid that CA counts the duck in your sausage in the freezer against your possession limit, but I think the law is clear in its stupidity.  I don't think this is one of those areas where the law is unclear.  The laws regarding warrantless searches of vehicles, terry stops, searches incident to arrest, highly regulated activities, and the like are all fairly settled at this point.  Mostly now we just quibble about the margins.

As always, do not consent to DFW searches and do not answer questions.  Comply with all demands, produce license and catch upon demand, but do not volunteer anything. Be exceedingly polite throughout a LEA encounter.  Doing those things will make your lawyer happy.

I will try to research it. I am unaware of any regs that spell out family transfer and possesion. I want to do everything I can legally within the letter of the law. I don't want to venture into the grey areas just because there is a low probability of getting caught. Since we don't require all people in the family to be touching the catch at all times at camp or home, there should be a straight up legal way to transport it. Maybe bagging it with name and address of the owner to allow confirmation if needed. The sad part is that these regs are to prevent someone with 476 daily limits in their freezer from saying they went fishing 476 times and all the fish are legal. I understand it helps to prosecute the criminals. There should be specified allowances for family possesion and transfer so we are not harmed any more than necessary. We should be able to posess a family limit on land no matter where or with who, as long as it was caught legally. I'd be willing to carry documentation to prove who lives in my house for that purpose. It shouldn't be necessary for my children to be in camp to legally posess their share.

I am sure crash meant they have to be "there" as in the general vicinity.  For example, if you got pulled over, they would probably need to be present to claim their part of the possession limit.  If they are nowhere nearby, then it wouldn't work just like crash said.  I think you may be overthinking this a bit.
« Last Edit: May 17, 2016, 11:03:31 AM by SmokeOnTheWater »
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Live2Fish

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  • Location: Eureka
  • Date Registered: Jul 2014
  • Posts: 912
Never thought about being over possession limit in my freezer....had a lot of fillets at the end of the season.  Just enough actually.  Had one package left on opening day!


E Kayaker

  • Sea Lion
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  • Location: Vacaville
  • Date Registered: Sep 2010
  • Posts: 4650
Your vehicle is different than your home.  Your campsite and RV is more like your home than your vehicle, but are not the same thing. Just because your campsite is your home for purposes of the penal code regarding possession and carry of firearms does not mean it is the same as your home for purposes of DFW warrantless search enforcement.

Your friend with the motorcycle should caravan with you to prevent any problems.

I think that the laws are fairly well spelled out, and that the words are given their ordinary meaning.  I think its stupid that CA counts the duck in your sausage in the freezer against your possession limit, but I think the law is clear in its stupidity.  I don't think this is one of those areas where the law is unclear.  The laws regarding warrantless searches of vehicles, terry stops, searches incident to arrest, highly regulated activities, and the like are all fairly settled at this point.  Mostly now we just quibble about the margins.

As always, do not consent to DFW searches and do not answer questions.  Comply with all demands, produce license and catch upon demand, but do not volunteer anything. Be exceedingly polite throughout a LEA encounter.  Doing those things will make your lawyer happy.

I will try to research it. I am unaware of any regs that spell out family transfer and possesion. I want to do everything I can legally within the letter of the law. I don't want to venture into the grey areas just because there is a low probability of getting caught. Since we don't require all people in the family to be touching the catch at all times at camp or home, there should be a straight up legal way to transport it. Maybe bagging it with name and address of the owner to allow confirmation if needed. The sad part is that these regs are to prevent someone with 476 daily limits in their freezer from saying they went fishing 476 times and all the fish are legal. I understand it helps to prosecute the criminals. There should be specified allowances for family possesion and transfer so we are not harmed any more than necessary. We should be able to posess a family limit on land no matter where or with who, as long as it was caught legally. I'd be willing to carry documentation to prove who lives in my house for that purpose. It shouldn't be necessary for my children to be in camp to legally posess their share.

I am sure crash meant they have to be "there" as in the general vicinity.  For example, if you got pulled over, they would probably need to be present to claim their part of the possession limit.  If they are nowhere nearby, then it wouldn't work just like crash said.  I think you may be overthinking this a bit.

ME! OVERTHINKING? NEVER!!!!  :smt044 :smt044

Obviously you don't need all members home at all times to posses a limit for everyone. Why is that different anywhere else. If it is, it should be detailed in the regs. My .02

PS: limited to those living in the same house.
« Last Edit: May 17, 2016, 11:53:25 AM by traildad »
http://www.norcalkayakanglers.com/index.php?topic=42846.msg470404#msg470404

The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope.  ~John Buchan


crash

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Look at the regs for cocaine.  Same thing. 

If the cops go to your house and find an eightball of blow, and you aren't home, you are still going to be in trouble unless the blow was legally obtained.

If you are in a vehicle and it gets searched for blow, and they find a kilo, then that friend on the motorcycle can stop and tell the cop, "no, that's my blow not traildad's - he didnt even know it was there".  Then you're all clear. 

It's not that you are overthinking it, it's that you are expecting something to be in the regs when it isn't there and doesn't have much reason to be there.  Possession is defined in the dictionary and has a long history of adjudication in the common law.  It means what you would normally think it means. 
"SCIENCE SUCKS" - bmb


mdoka_matt

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  • Location: Santa Cruz
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Whats the limit on blow?
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crash

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Whats the limit on blow?

With a prescription in a hospital or medical office it's perfectly legal, no limit. Just don't tell John Belushi.
"SCIENCE SUCKS" - bmb


Weimarian

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  • Date Registered: Mar 2011
  • Posts: 6190
So, If your wife has a limit of fish and no fishing licence.............. :smt044 :smt044 :smt044
my new name should be Ostridge. Got my head in the sand. Going fishing and letting go of the other stuff I can't control anyway!


 

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