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Old 08-18-2016, 12:09 PM   #1
Sully1
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CDFG

CDFG checked my license yesterday at LJ, it was the first time, outside of diving, I've been checked while fishing on a kayak. Make sure to bring that fishing license ladies and gents.
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Old 08-18-2016, 01:03 PM   #2
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CDFG checked my license yesterday at LJ, it was the first time, outside of diving, I've been checked while fishing on a kayak. Make sure to bring that fishing license ladies and gents.
Did they come up to you in a boat, or while you were on shore? Mine is always in my dry-bag, so all is good. I just dont want them coming up when I am actively fishing.
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Old 08-18-2016, 02:02 PM   #3
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I was cranking an iron up when he motored by. Nice guy, he just wanted to see my license and asked if I had any fish. I did not have any fish to show him. I keep my lic in a dry bag in my PA. On a different note, pretty amazing temp drop on the beachfront. Those recent winds must have rolled colder water in.
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Old 08-18-2016, 02:14 PM   #4
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I've been checked 4 times since I started kayaking back in 14'. Two out the four times was at the sewer.
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Old 08-18-2016, 02:20 PM   #5
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I was cranking an iron up when he motored by. Nice guy, he just wanted to see my license and asked if I had any fish. I did not have any fish to show him. I keep my lic in a dry bag in my PA. On a different note, pretty amazing temp drop on the beachfront. Those recent winds must have rolled colder water in.


I went for a surf in my spring suit and froze my dick off! Dropped a good ten degrees!!
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Old 08-18-2016, 02:39 PM   #6
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I was cranking an iron up when he motored by. Nice guy, he just wanted to see my license and asked if I had any fish. I did not have any fish to show him. I keep my lic in a dry bag in my PA. On a different note, pretty amazing temp drop on the beachfront. Those recent winds must have rolled colder water in.
No doubt, the temp drop is steep. Hope it doesn't completely shut off the late summer, early fall opportunities.
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Old 08-18-2016, 07:28 PM   #7
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I went for a surf in my spring suit and froze my dick off! Dropped a good ten degrees!!
I'm old but I don't want my dick froze off, I don't want to have to wear a strap on just to take a leak.
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Old 08-18-2016, 09:08 PM   #8
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Roger that!



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Old 08-18-2016, 11:56 PM   #9
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Has anyone ever taken these to court and won...



How did the dfg find a way around the constitution of CA.



Going to have to keep a laminated copy in my kayak, I hate when the come bother me. Then they will probably hassle me, and take my kayak away....


You know how cops act when you get all smart ass with them.... they get the dogs out so they can find probable cause to search your car for being a jerk.
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Old 08-19-2016, 07:15 AM   #10
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Has anyone ever taken these to court and won...



How did the dfg find a way around the constitution of CA.



Going to have to keep a laminated copy in my kayak, I hate when the come bother me. Then they will probably hassle me, and take my kayak away....


You know how cops act when you get all smart ass with them.... they get the dogs out so they can find probable cause to search your car for being a jerk.

Ever had the dogs search your Yak?
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Old 08-19-2016, 07:27 AM   #11
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CDFW

First off it's CDFW now...

Sarge...you are more than welcome to hire a lawyer and spend ALL your money fighting this in court...I guarantee you will spend ALL your money on this and it will not be resolved to your liking.
It's one thing to stand there and spout off about your rights and another to actually be proactive about it and take it to the courts...I've seen you push this constitution idea around for a few years now...and I haven't seen you gain any traction...maybe you should take over a harbor patrol office or a DFW office and encamp there...it would give you a great audience with all the TV and news coverage...!
It's one thing to post on BWE and another to actually do something...I'll tell you this...If I brought this up at the last CCA CAL Government Relations Committee meeting...the boys would have run me out of the room laughing the whole while.
The San Diego and OC chapters could use someone on their GRC committees...maybe you should put your ideas and passion to work somewhere that they can do some good.

Oh Yea...Wiredantz...keeping a copy of the Constitution in your yak and fighting with the DFW LEOs will really cement your relationship with them and I'm sure things will go much smoother with enforcement...GOOD LUCK...maybe not such a good way to try and get out of a ticket or make friends with the LEOs...

Buying a license supports CDFW with the additional funds needed to stay in business...could you imagine the free-for-all on the resource if there was license, no rules, or enforcement...THE LAW OF THE COMMONS...read it and weep...!:roll eyes:
The resource would last one or two years and we'd have a desert out there with nothing but Lizard fish...!

OK...morning political rant over...! Time for some coffee...!

JOIN CCA...we are fighting for your fishing rights thru the system and with national support in Washington...this national support by our lobbyist in DC is important with issues like the potential for BFT to become a endangered species and the Monument Act that wants to make the Tanner and Cortez Banks off limits for fishing....state wide we are also working on the Toxic lead ban...the relaxing on Stripper regs to protect the Salmon (when it's really all about the water flows)...Gill nets and deep set bouy gear with the pacific fishery management council...and on and on...It's a 5 page list of the issues that the CCA CAL GRC is working on...!
PLEASE JOIN AND SUPPORT OUR FISHING RIGHTS...please don't wait until the next battle starts and it's too late to organize...! It's important we fight battles we have a chance to win...look what happened to United Anglers...they are in the process of selling their Signal Hill club house and property to PAY THE LAWYERS FEES ON THE MLPA Battles...!
CCA CAL has only a little over 2000 members...that's pretty pitiful when you look at the number of anglers in So.Cal alone...why the apathy........?

One last thing...Hey Sarge...did you buy a fishing license this year...come on now, please answer and be honest...?
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Old 08-19-2016, 08:21 AM   #12
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If the constitution actually held up, then MLPA would have no ground to stand on.


We had lawyers, money, we had people stand up against the MLPA, yet we lost our rights to fish upon certain state own lands.


The reason that this probably does not hold up in court is because of the loop holes.....

How do you take the rights to fish from the people?.... make it a fish hatchery... ( per the CA constitution)


How do you get people to buy fishing licenses:
Well you have the right to fish, but to keep the fish is a different story...

{Per the CA Constitution Section 25
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.}



The Legislature might of said well if you want to keep the fish you need to have a license as a condition....



United State's law, even worse CA laws are fairly new compared to other countries who have been around for centuries.

When taking said things to court, statues are always getting amended. That's why every year we have new laws and rules to cover the loops holes of the prior laws. it is sad to say but it's the interpretation of the law, and not always in our favor.





I don't know if what i said is actually true or will be held up in court as things might be subjective... just my own interpretation from what i read.


I do know that to take things to court and supreme court, you need time and money...

DFG, or WIlderness whatever... has plenty of time and money... we pay a fishing license fee to DFG/Deparment of taking rights of people.... so they can find loop holes and spend their resources on people standing up against them and protect some fish at the same time.....and they also have different groups of people who pay them donations...


honestly we are outgunned here...



Let say for example:

I fight this thing, and i somehow get the supreme court attention after losing at the lower level courts on this matter... and by some random odd number they do decide to not throw out my case and actually hear it...

They will say, well Mr. Nacho.... you have a right to fish and not pay a fishing license..... but we need a way to pay for control and enforcement....

So then CA Legislature go back to the drawing board.... and now we have a fish tax or something to that matter.....
(is it really worth it then)

either way we are going to get screwed eventually....



just pay the damn fishing license... most kayak fisherman are already broke that is why we fish on plastic bathtubs.


Now if i ever got a ticket... for forgetting my fishing license, you bet your bottom dollar I am taking this court... I will fight tooth and nail... but i have not forgotten my license yet. lol
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Old 08-19-2016, 09:16 AM   #13
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This whole talk of the constitution and court challenges is really interesting. While you guys are talking about all this, you need to keep one thing in mind here.

CA has changed. It is no longer the state of free-thinking intelligent creative artistic ground breaking inventors. It has, in almost all ways, become a socialist state where the government controls as many aspects of our lives as possible no matter what some crusty old Constitution or Judge decided back in another age.

I am going to be good and keep it at that. Otherwise I will sit here all damn morning going on tangents on this topic.
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Old 08-19-2016, 09:42 AM   #14
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I've been checked on the water with lines out. I've had armed DFW climb into the back of my truck and search through all of my kayak hatches while at the launch ramps.

As far as a license goes, it doesn't matter what the Constitution says. All that matters is that some bureaucrat with a cherry picked lawyer redefined some other statute into a legal opinion that justifies limiting a right as being in the best interest of the government. It's sort of like how you have a Constitutional right to due process, except when the government decides you don't, and can drone kill you without due process because of some lawyers' redefinition or reinterpretation of the laws. Buy a license, be prepared to show your papers, and go fishing.
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Old 08-19-2016, 10:31 AM   #15
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I've been checked on the water with lines out. I've had armed DFW climb into the back of my truck and search through all of my kayak hatches while at the launch ramps.

As far as a license goes, it doesn't matter what the Constitution says. All that matters is that some bureaucrat with a cherry picked lawyer redefined some other statute into a legal opinion that justifies limiting a right as being in the best interest of the government. It's sort of like how you have a Constitutional right to due process, except when the government decides you don't, and can drone kill you without due process because of some lawyers' redefinition or reinterpretation of the laws. Buy a license, be prepared to show your papers, and go fishing.
Someone wants to search the inside of my car, kayak, or anything else, they better damn well have a Warrant or some legitimate probable cause.
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Old 08-19-2016, 10:45 AM   #16
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Someone wants to search the inside of my car, kayak, or anything else, they better damn well have a Warrant or some legitimate probable cause.
DFW wardens have more power than police. They do not need a warrant to search you or your vehicles.
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Old 08-19-2016, 01:11 PM   #17
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Lol, I really got you guys going!! Look Jim, I greatly appreciate all you efforts and attending meetings and everything. The fact of the matter is, look at the number of fish, lobster, etc. that recreational anglers take versus Commercial anglers. Second, let's see how much of this money from the licenses go into things such as the WSB hatcheries or other hatcheries for that matter. All these government kooks don't give a damn, and that's my honest to God opinion, take it or leave it.

Secondly, all licenses are contracts with the government via your strawman (all caps, corporate fiction, name) created at birth with your birth certificate, in order to do business with us. Which is the reason why millions of unconstitutional laws have been created since our last bankruptcy (U.S.) in 1933, and since the creation of HJR. 192.

Third, I don't hire lawyers, because they're officers of the court. Therfore I will always go Pro per/ pro se. It's actually funny how nervous I make judges and prosecutors when you actually KNOW your rights and the laws.

And yes, I am too a sucker and purchased a license. So I don't try to push the limits.

Think about this, how come you never see DFG at the piers? These people use way too many poles, keep short fish etc. Even calling to report people, the DFG don't care, why? Because they have no jurisdiction, since all those pier fisherman have no license , aka contract with them.

By the way, I'm not just a talker. I've defeated crap charges before for traffic, and I would easily do the same from a ticket from DFG. I've actually used the laws I've learned to clean some junk off my credit report too. So I'm not just a talker, I put things into action, and with this knowledge and experience I don't fear this false belief that others have called "Authority". I'm a free man, and as long as I don't violate others life, liberty, or property, then there is no crime, end of story!

What ever happened to land of the free, home of the brave? We Americans really need to grow a pair, seriously.

Sgt Silbaugh out!

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Old 08-19-2016, 02:05 PM   #18
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Lol, I really got you guys going!! Look Jim, I greatly appreciate all you efforts and attending meetings and everything. The fact of the matter is, look at the number of fish, lobster, etc. that recreational anglers take versus Commercial anglers. Second, let's see how much of this money from the licenses go into things such as the WSB hatcheries or other hatcheries for that matter. All these government kooks don't give a damn, and that's my honest to God opinion, take it or leave it.

Secondly, all licenses are contracts with the government via your strawman (all caps, corporate fiction, name) created at birth with your birth certificate, in order to do business with us. Which is the reason why millions of unconstitutional laws have been created since our last bankruptcy (U.S.) in 1933, and since the creation of HJR. 192.

Third, I don't hire lawyers, because they're officers of the court. Therfore I will always go Pro per/ pro se. It's actually funny how nervous I make judges and prosecutors when you actually KNOW your rights and the laws.

And yes, I am too a sucker and purchased a license. So I don't try to push the limits.

Think about this, how come you never see DFG at the piers? These people use way too many poles, keep short fish etc. Even calling to report people, the DFG don't care, why? Because they have no jurisdiction, since all those pier fisherman have no license , aka contract with them.

By the way, I'm not just a talker. I've defeated crap charges before for traffic, and I would easily do the same from a ticket from DFG. I've actually used the laws I've learned to clean some junk off my credit report too. So I'm not just a talker, I put things into action, and with this knowledge and experience I don't fear this false belief that others have called "Authority". I'm a free man, and as long as I don't violate others life, liberty, or property, then there is no crime, end of story!

What ever happened to land of the free, home of the brave? We Americans really need to grow a pair, seriously.

Sgt Silbaugh out!

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AMEN! Especially that last part!

I have also been actively fighting unjust laws nationwide. I dont typically go to court because I have been able to resolve issues via leveraging public officials and the media. I have been on 10 News a few times fighting complete nonsense from various sources. Escondido School district backed down on some stupidity when I made them look like morons during a news interview.

Once these "Officials" realize you are not going to simply pay your ticket and vanish into the herd of cattle, but step up and take a stance, they tend to back down. I think the reason for this is, as Silbaugh pointed out, an empowered individual with the cahones to stand up to them is far too intimidating. Standing up to the bully does not always defeat him, but it usually does. And when it doesnt, the bully is more insecure.

That being said, I also dont break the law simply because I disagree with them. I also carry my expensive piece of paper "Contract" with me every trip.
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Old 08-26-2016, 08:22 AM   #19
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Supreme cast court ruling - for Federal Rights

I read the Murdock v. PEnnsylvania case and the effects were:


"The privilege in question exists apart from state authority. It is guaranteed the people by the federal constitution." The state does not have the power to license or tax a right guaranteed to the people.

To my knowledge our state constitution has not been amended and the right to fish is not a federal right. A class action law suit should be filed against the state if it is found that the state is illegally penalizing people for not having a fishing license....


I emailed the fish licensing board on what grounds is the Fishing License being enforced if its out constitutional right to fish and i outlined the different sections in question.

I have yet to receive an answer....


I will document any answer if any, and i will gopro the discussion when i get harassed on the water again from DFG, wildlife or whatever....



Either they will have to amend the constitution, or they will have to penalize heavily for fishing fines... i am still not aware of how the state is able to enforce fishing license.






just like when CHP puts up DUI check points...


ill research the matter more...



*keep in the mind that many people work for Ca wildlife DFG, i am specifically talking about fishing not hunting.*
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Old 08-26-2016, 10:32 AM   #20
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Think about this, how come you never see DFG at the piers? These people use way too many poles, keep short fish etc. Even calling to report people, the DFG don't care, why? Because they have no jurisdiction, since all those pier fisherman have no license , aka contract with them.
That is an incorrect assumption and statement.

As the former southern California representative and board member of United Pier and Shore Anglers of California (UPSAC), I have spent a lot of time fishing California piers.

I have been inspected many times at different piers. I have made friends with the wardens, and know them by name. I have even been given their private cell numbers and business cards.

Each warden is a fish and game warden. That encompasses a large area for each warden to inspect.
Our licenses pay some toward hiring of more wardens. They are underpaid and over worked.

I have fought the City of Manhattan Beach when they closed the pier due to a shark incident.The city lawyer cited the California fishing constitution law, yet they closed the pier for nearly three months and put regulations that they had no right to do.

Thus, my recommendation is to have the license, to be polite to the wardens, and fight any injustice you feel in the court, not on the water.


By the way if the warden who checked the OP is named John Potter, he is the nicest warden that I have met. He used to have Catalina, now he is in SD.
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