Kayak Fishing Adventures on Big Water’s Edge

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-   -   Did you know? (http://www.bigwatersedge.com/bwevb/showthread.php?t=19189)

alanw 08-12-2013 09:15 AM

Did you know?
 
That you may possess only one daily limit of fish (per person at your home) even in your freezer?



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

Q. How many limits of fish can I legally possess when I have been fishing for multiple days; and can I possess more than one daily limit at my home?
A. No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean may be taken or possessed by any one person unless otherwise authorized (see Section 27.15); regardless of whether they are fresh, frozen, canned, smoked, or otherwise preserved. This includes in your home. Ref. Section 1.17.

Dannowar 08-12-2013 09:18 AM

I hope they dont raid my frog poaching operation

MrM 08-12-2013 09:50 AM

An unenforceable law unless you have an open top freezer on your front lawn... Or a warrant out for your catch!

But it's still the law...

oneyedeer 08-12-2013 09:53 AM

if any of you guys have more then 2 wsb in your freezer I will be more then glad to store it at my house :)

makobob 08-12-2013 09:57 AM

So, say you take a 5 day trip, the DFW meets you at the dock, you are only allowed one days limit?

MrM 08-12-2013 10:02 AM

Quote:

Originally Posted by makobob (Post 166523)
So, say you take a 5 day trip, the DFW meets you at the dock, you are only allowed one days limit?

27.15. MULTI-DAY FISHING TRIPS. The following provisions apply to anglers and to boat owners
and operators when a Declaration for a Multi-Day Fishing Trip has been filed with the department.
(a) Provisions related to the angler: Up to three daily bag and possession limits of saltwater fin fish,
lobster and rock scallops and up to two daily bag and possession limits of abalone are allowed for a
person fishing during a multi-day trip in ocean waters from a boat whose owner or operator has filed
a Declaration for Multi-Day Fishing Trip, pursuant to the provisions of sub-section (b) below.
(1) The provisions of this section do not authorize any person to take more than one daily bag
limit of fish during one calendar day.
(2) The provisions of this section do not apply to the taking and possession of salmon, steelhead,
striped bass and sturgeon.
(b) Provisions related to the boat owner or operator who has filed for a Declaration for a Multi-Day
Fishing Trip:
(1) The owner or operator of a boat shall submit to the nearest department office a Declaration for
Multi-Day Fishing Trip and payment as specified in Section 701. The Declaration for Multi-Day Fishing
Trip shall include the following information:
(A) Place, date and time of departure of the boat.
(B) Place, date and estimated time of return of the boat.
(C) Name of the boat.
(D) Date and hour Declaration mailed or delivered to the department.
(E) Additional requirements for Commercial Passenger Fishing Vessels:
1. The Commercial Boat Registration Number issued pursuant to Fish and Game Code Section 7880.
2. Copy of passenger manifest if fishing within 10 miles of the mainland shore of California.
(2) The Declaration for Multi-Day Fishing Trip must be submitted to the nearest department office in
order for any person aboard such boat to possess more than one bag limit of saltwater fin fish, abalone,
lobster and rock scallops. If mailed, the Declaration for Multi-Day Fishing Trip must be received at least
48 hours prior to the date of the boat’s departure. If the 48-hours advance notice is not met, the original
copy of the form signed by an authorized department representative must be aboard the vessel during
the trip. Forms will be accepted for authorization only during business hours of 8:00 a.m. to 5:00 p.m.
(3) A Declaration for Multi-Day Fishing Trip may not be filed for a trip unless the trip is continuous
and extends for a period of 12 hours or more on the first and last days of the trip and no berthing or
docking is permitted within five miles of the mainland shore.
(4) The owner or operator of a boat filing a Declaration for Multi-Day Fishing Trip shall prepare
such form in duplicate, and shall require the duplicate to be posted in full view of the passengers
aboard the boat.
(5) All passengers must disembark at place of return as stated on the Declaration for Multi-Day
Fishing Trip.

skiptomyzoo 08-12-2013 11:53 AM

By where I went to college was similar/ Pennsylvania. From what I remember you could have multiple days catches all at once, however each freezer bag or container had to be clearly marked as to which day you caught them.

Same thing though unless they came into your house for other reasons, really not able to be enforced and I would guess by then that would be the least of your problems.

Siebler 08-12-2013 12:12 PM

The Canned/Preserved/Smoked thing seems weird to me because at that point fish/game is considered at the "point of consumption" as it has been fully processed and cooked and no longer needs to be identifiable (no skin tags, wings attached to birds, etc). I kind of have a feeling that is a huge huge grey area in the law or it was misspoken in that answer to question.

Also saying that only one daily bag limit can be possessed doesnt seem right as many species the Possession Limit is clearly deified as Double the Daily Bag Limit in the regulations. In Fact waterfowl this year is going up to 3 times the daily bag limit.

Im thinking somebody has a screwed up response on the website.

makobob 08-12-2013 01:02 PM

Would be good to know before lobster season, hate to have to make a bunch of lobster burritos and freeze them before being able to go back out to get 7 more.

Let's see, Judge, they came into my house, and looked in my freezer. Took my seven frozen lobsters, along with 72 frozen lobster burritos, 100 lobster tamales and told me that I was over limit on lobster. This happened on the 2nd of July. Had been getting ready for 4th of July family get together. Then he told me it was ok, they were enjoyed on the 4th!

My problem, I am allowed 7 a day by law. I have to fill out my score card every trip. They know when and where they were caught. Why can't I save them up for Christmas or whenever? As long as I have no more than I show on my card?

StinkyMatt 08-12-2013 01:28 PM

I can go to COSTCO and buy 10 lobsters and 27 salmon any time I want.

How would you know where these fish came from? :the_finger:

Either a retarded law that would never be enforced or a wrong response by the responder in that email.

easyday 08-12-2013 01:59 PM

Quote:

Originally Posted by StinkyMatt (Post 166545)
I can go to COSTCO and buy 10 lobsters and 27 salmon any time I want.

How would you know where these fish came from? :the_finger:

Either a retarded law that would never be enforced or a wrong response by the responder in that email.

X2 you can buy 100 lobster at the store if you want there's no limit on what you can buy.

alanw 08-12-2013 02:51 PM

This law applies to sport fishing, not commercial industry which is where you get them from at the store. You can purchase truck loads if you want from commercial fisheries.



The Q&A response above seems to accurately reflect the actual regulation:

1.17. BAG AND POSSESSION LIMIT. No more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations may be taken or possessed by any one person unless otherwise authorized; regardless of whether they are fresh, frozen, or otherwise preserved. Exceptions: See Sections 7.00, 7.50(a), 27.60(c), and 195, Title 14, CCR.

GregAndrew 08-12-2013 03:30 PM

I am pretty sure that the DGW does not need search warrants either, but only reason to suspect. There was a long thread on BD in the last year where multiple examples of that were the case. I could not believe it either!!

Drake 08-12-2013 03:44 PM

Lets picture two completely reasonable hypotheticals.

I vacuum seal my fish in small single serving sized packages. Lets say I catch a WSB during the period when the bag limit is one. I have to consume my entire fish before I can go catch another one? Lets say I want to keep some stored for the slow season. I can't?

Lets say one small, single serving package slips behind the shelf in my freezer. "Technically" I am in violation of the law if I catch another one?

Now, how would they ever be able to determine if all the meat in my freezer is from two 20# WSB or from one 60# wsb.

I will not even bat an eye at this sort of law. Lobsters, sure I'll "play along"

alanw 08-12-2013 04:51 PM

The only "loophole" in the regs is that you may give fish away to others so that you can have more than one limit in your freezer.



Q. Can I give fish away to friends and family and do they need to have a fishing license for me to give it to them?
A. Yes, you can give fish away. The person you give fish to does not need to have a fishing license. A fishing license is only needed to take fish. You can still only take one daily limit, but you can give that limit away so that you can go fishing the next day and not be in possession of more than one daily bag and possession limit. So, if you have two people in your boat, car, camp or living in your home, you can possess two limits of fish in your boat, car, camp or home.

ctrujillo 08-12-2013 05:59 PM

Quote:

Originally Posted by makobob (Post 166542)
Would be good to know before lobster season, hate to have to make a bunch of lobster burritos and freeze them before being able to go back out to get 7 more.

Let's see, Judge, they came into my house, and looked in my freezer. Took my seven frozen lobsters, along with 72 frozen lobster burritos, 100 lobster tamales and told me that I was over limit on lobster. This happened on the 2nd of July. Had been getting ready for 4th of July family get together. Then he told me it was ok, they were enjoyed on the 4th!

My problem, I am allowed 7 a day by law. I have to fill out my score card every trip. They know when and where they were caught. Why can't I save them up for Christmas or whenever? As long as I have no more than I show on my card?

Lobster tamales? Sounds fricken awsome.soory for the thread jack but have you acutely made these do tell

salty pirate 08-12-2013 06:04 PM

Maybe it's a through book at you law for acting like an a-hole.

makobob 08-12-2013 06:09 PM

Quote:

Originally Posted by ctrujillo (Post 166585)
Lobster tamales? Sounds fricken awsome.soory for the thread jack but have you acutely made these do tell

Sure have! They are pretty good.

MrM 08-12-2013 08:37 PM

Quote:

Originally Posted by GregAndrew (Post 166562)
I am pretty sure that the DGW does not need search warrants either, but only reason to suspect. There was a long thread on BD in the last year where multiple examples of that were the case. I could not believe it either!!

In the most respectful way possible, this is completely untrue. Fish and Wildlife code section 857 does not grant DFW employees special status. The 4th amendment protects all citizens from unwarranted searches from any government employee, both in their person, homes, and effects. If this is being actively excercised the entire organization will be in for a rude awakening- especially as a law enforcement organization!

There are 3 generally recognized exceptions to unwarranted searches in California, including entering a building for an emergency, danger of public safety, and to keep a suspect from destroying evidence. All of which would require some sort of involvement with a person and the DFW before hand. Now if a DFW warden sees you with an ungodly amount of fish in a public area, or even your front lawn, the plain sight doctrine comes in to play, and no warrants are required. There are a few more exceptions that I won't get in to, it'd turn this in to a 3 page essay.

Not trying to get off topic here. So I'll leave it at that. Im also not trying to step on toes; I hope it didn't come off that way! Just want to make sure we all know our rights.

Drake 08-13-2013 09:54 AM

Does this count as RobFish "Destroying Evidence" :D:D:D:D:D
Lobster burgggerrrs!!!
http://img.photobucket.com/albums/v1...s/IMAG2307.jpg

makobob 08-13-2013 10:00 AM

Burritos, burgers, tamales. Any other ways to consume the evidence?

PE.rider 08-14-2013 12:51 AM

The DFG regulations/laws apply only to the licensed activity of fishing.

It controls the taking and possessing of fish per day at the location where you are engaging in the act of fishing -for which the State of California regulates and enforces by law.

Your home is not a body of water where you are 'fishing'; therefore, the law does not pertain to "possession" in that sense. This is a misread of legal wording.
;)

dorado50 08-14-2013 06:05 AM

the sky is falling.......................again


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