Citation for too many razor clams

Discussion in 'California Fishing Reports Forums' started by BigHammerKing, May 9, 2008.

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  1. BigHammerKing
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    So me and 5 of my buddies were fishing today, we started with 116 clams. Then after a couple hours 2 friends head home. Less than 10 minutes later DFG shows up and starts counting the clams, 75. He said he can write a joint citation or one of us can take the heat. So my buddy has a court date set for august. The guy said its a misdemeanor but if you plead guilty they drop the charge to fishing w/o a license and the fine will be around $25. Last time i checked fishing w/o a license costs several hundred dollars. Does anyone have any idea how the process works? Thanks guys.
  2. MikeyLikesIt
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    I'd be looking for my buddies who cut out early.... :D :idiot: :madfire:
  3. http404
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    How many are you allowed to keep?
  4. Enfuego
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    Where do you get razor clams around here. PM please.
    Thanks.
  5. Bottom Line
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    They used to be all over Mission Bay before they dredged it out and made Fiesta island...
  6. Stanley
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    I think you are allowed no more than 20 per person...so with 6 guys and 116 razor clams you were fine until your buddies left. Tough luck on that one. Like Mikey said, I'd be looking for help from the guys that took off.

    BTW: Ghost Shrimp limit is 50
  7. Kurt
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    Those ghost shrimp taste like shit :D

    I don't know if I'd be eating any shellfish outta the backside of Fiesta LOL

    There are always about 10 guys digging those in the muck on Fiesta. p------u
  8. Stanley
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    You gots to wrap 'em in bacon.
  9. wils
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    Kudos for punkin' your buddy. :_smack_:
  10. iclypso
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    What seems stupid is reducing the fine to "fishing w/o a license" when that's not the case (you do have a license, right?). That's like getting a ticket for running a red light and having it reduced to parking at an expired meter.

    I think there's been more than one person who has claimed their charges were reduced to some unrelated offense. I mean, reduce the charges but don't make up some bogus offense.
  11. Afry
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    I just went to SD court last Tuesday morning for a citation I received from the Harbor Police for "causing a wake in a no wake zone" (guilty as charged - $200).

    While I was there a well dressed elderly man appearing before the judge as he was cited for fishing without a license - his fine was $400 plus $25 court fee.

    Be prepared to spend 4 hours there starting at 8AM. You will also meet with the public defender before appearing before the judge, this is not an option.

    This is a huge waste of time and money by the city of SD. They could have given me the option of sending in my money by mail without appearing and I would have sent them the check - but they don't, appearance is mandatory.

    There was a judge, 3 assistants/clerks, a bailiff, 3 public defenders, 3 DA types and and an interpreter in this courtroom, most doing nothing. 12 mother fuckers on the taxpayers dollar in one room for misdomeaners. Case load was a whopping 30 or so of us criminals for the morning.
  12. Afry
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    Actually a good call if you all split the fine of $425 rather then $425 EACH. It's an infraction and no lasting effects on your record unless you keep fucking up.
  13. fishnfool
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    There are a couple of threads on here talking about fines and court. You will see that reducing the fine to fishing without a license is pretty common. One was for a short lobster, and another was keeping a fish that was out of season. Seems this is the norm. Remember the guy that speared the BSB in the preservation area? I think he ended up with a minimal fine and 3 months probation for what many consider a blatant violation of the law that should have been easy to prosecute to the full extent. This to was reduced to a slap on the wrist even though he killed an endangered species in a protected area? Not much of a deterrent if you ask me. If we have the law, and the penalty why it is not fully enforced I will never understand, and until it is people will keep breaking the rules and paying the $200 or less fine. If they only get popped once every four years they end up saving money the way the price of licenses keeps going up.
  14. cretin
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    Get them in the same isle as the shaving cream clams...silly!!!
  15. SCOTCH
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    The public defender will talk to the DA and come up with a plea bargain. You will most likely spend your whole day with a bunch of real criminals, only for your case to take 2mins. They will lower the fine, but you will be most likely put on probation. The public defenders don't know shit about fish and game violations, and neither does the judge, so you are pretty much going to get some sort of fine. It was definatley entertaining to see a bunch of gangbangers get senteced for real crimes which made my $400 fine seem like I was getting off with a slap on the wrist. You might want to call one of your contacts for some advice.
  16. Halibut Howie
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    Here's what I posted a few months back for my day at the courthouse. Sounds like the fine went up from $250 to over $400.

    "About 7-8 years ago i was cited for "possession of unidentified fish filets" by the Harbor Police. That's when the CA DFG did not have a rubber dingy and used others to enforce their laws. In my haste to filet a batch of fish I left no 1" patch of skin on 2 filets out of 20. I caught a limit of sandbass that day cuz rockfish were out of season. After calling the CA DFG on their cell phone the cops cited me. I was shocked, "can't you guys see that all these filets are the same. See the blood veins in the filets, only sandbass filets look like that." They were unconcerned. So i thought afterwards, No big deal, i'll just send in the $ like a traffic ticket, case closed. WRONG! I have to go down to the court house in SD and appear in person. So down to the court house i go for my day of reckoning. Upon arrival I'm asked if i want a public defender to defend me for $25. I ask them what the fine was and they said probably under $200. So I declined their offer cuz i was guilty as charged and would pay my fine and be on my way. I took a seat with a room full of other misdemeanor criminals. The judge takes his throne and asks the PD and ADA if there is anyone pleading guilty. I raise my hand and go 1st before the judge. I'm thinking, "Oh this is great, I'll be out of here by 0930." The judge reads the charge "In possession of unidentified fish filets" and asks me how i plead. "Guilty Your Honor" i said loudly. The judge immediately looks over at the PD and ADA's table and says with a scowl "Did you explain to this gentleman the charges and fines". I do not remember their responses but it really pissed off the judge and he barked "Into my chambers!" Off they sheeplishly go following the judge back stage with their tails between their legs. I'm thinking to myself "Oh Shit what the fuck is happening". After what seemed like an ethernity they return. The judge orders me outside his court room to have a talk with the PD. So outside I go following the PD while the next victim is called before Attila the Hun. The PD tells me to plead to "fishing without a license". But i protest that I do have a license and that would be lying. The PD looks down at me over his glasses and says "Ok, then I guess you do not mind paying $2000 in fines for those filets?" All of a sudden I'm not only a criminal but a liar as well. Wouldn't my dad be proud of me now. So back to the court room I go to take my seat again amongst the criminals. Now however I'm at the end of the que of criminals. I listen is amazement while criminal after criminal is called before the judge, i.e. dog mauling child, wife beatings, drug dealing, theft at Frys and other heinous crimes. The biggest fine amoungst this group was $400 and no jail time. Finally to an almost empty court room I get to go before the judge again and plead "guilty to fishing without a license" The judge says that's $250 plus $25 for the PD . Since i paid with a credit card it cost me another $25 or so.

    What pisses me off the most out of that whole situation is that a honest mistake puts a recreational fisherman in such a situation as this with fines 3 times or more than someone who commits a terrible crime. I feel for you Capt. Carib, you are in for an enlightened experience on how the motherfucking, bunny huggin, commie pinkos, dick headed, low life, ignorant, leftist ass wipes who man the CA DFG have turned a recreation sport into a criminal activity with their badly informed science for backing their reasonings behind setting limits, seasons, fines and procedures. SO FUCK YOU CA DFG. May all kinds of misfortunes come your way for the hell you put recreational fishermen thru. They are just a bunch of legalized eco-terrorist IMHO."

    HH
  17. Got Wasabi
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    The ticket is a misdemeanor right now. You don't want that on your record or pay the large fine. The best way for them to plea it down is to make it fishing without a license which is an infraction (like a speeding ticket). You have to use a Public defender that doesn't know shit about DFG laws. You plead NO CONTEST to the new charge. $400 + $25 for PD. You can use your credit card without any upcharge. Out the door $425.

    To help yourself out, call the DA's office and ask for the records dept. They will provide you a case #. That won't be assigned until the ADA has had a chance to review the case and makes sure they want to process. Show up at the courthouse between 7:45 and 8am and either check in or put your name on the list for processing that morning.

    Oh, and don't forget to be ready to pay out your butt for parking...
  18. Afry
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    That would be $16 for parking
  19. Shocktower
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    I just don`t get it ,California must do a stupidity test to see how stupid you are to become a FG officer :imdumb::imdumb::imdumb:,why hire a smart one when he would understnd the laws ,and there would not be as many tickets ,and they could catch the real violaters :hali_blablalba::hali_blablalba:
  20. gecsr1
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    Welcome to California.........