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Old 08-12-2013, 01:28 PM   #1
StinkyMatt
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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?

Either a retarded law that would never be enforced or a wrong response by the responder in that email.
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Old 08-12-2013, 01:59 PM   #2
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Quote:
Originally Posted by StinkyMatt View Post
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?

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.
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Old 08-12-2013, 02:51 PM   #3
alanw
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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.
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Old 08-12-2013, 03:30 PM   #4
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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!!
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Old 08-12-2013, 03:44 PM   #5
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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"
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Old 08-12-2013, 04:51 PM   #6
alanw
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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.
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Old 08-12-2013, 06:04 PM   #7
salty pirate
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Maybe it's a through book at you law for acting like an a-hole.
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Old 08-12-2013, 08:37 PM   #8
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Quote:
Originally Posted by GregAndrew View Post
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.
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Last edited by MrM; 08-12-2013 at 08:54 PM. Reason: Grammar...
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Old 08-13-2013, 09:54 AM   #9
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Does this count as RobFish "Destroying Evidence"
Lobster burgggerrrs!!!
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Old 08-13-2013, 10:00 AM   #10
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Burritos, burgers, tamales. Any other ways to consume the evidence?
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