Get busted by fishing police on 14 miles bank Socal

Northeastfshman

I see OJ
Dec 20, 2008
2,437
2,089
San Clemente
Name
Brett Weinberg
Boat
Parker 2120SCDV
Not to be a dick but this is awesome! I know someone who fishes there regularly and then beats his chest of Faceballs and Instagram like he actually knows how to fish.

The law is the dumbest one in the world and takes away the best rockfishing spot from LA to Oceanside but that doesn't change the fact it's the law.
 
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liltrouble

I've posted enough I should edit this section
Jun 9, 2012
775
853
ShillCreek, WA USA
Name
Shari
Boat
Mr. Buttercup
Wouldn’t it be great if the people who make map chips would partner with the DNR people who create these closed zones?
It would be too hard for the chart companies to keep up with the individual state regs. I know--I have made uploads for me and my friend's Garmins.

In Washington we have marine areas, we have fathom restrictions, we have blah, blah, blah, blah. We just had some more changes this year with a MPA being lifted because our rockfish recovered!!! So, now I will have to send out the updated files to my friends.
 

4bruce

I've posted enough I should edit this section
Dec 13, 2011
648
130
la
Name
Lee
Boat
goldfish
go to court. if the fish and game did not show up, you win.
 
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ChaseTheBait

Eat em raw
Mar 19, 2019
72
82
35
San Diego
Name
Chase
Boat
Carolina Skiff 1800
I got ticketed for forgetting to put my new license in my wallet. First time I go out and I got popped. Had no idea I didn't have it on me. Went to traffic court, showed the judge my license, got the fine reduced from $400 to $200. This is San Diego 2019. So in my experience it is worth going in to court.
 

Dragon

I've posted enough I should edit this section
May 24, 2006
296
183
SLO Co.
Name
Paul
Boat
22' Pro Sport CC / 20' Skipjack Open
Last time I had to do this over a Canary RF. the fine was 1K and by going to court and taking the RF Chart to show how many different RF that look the same (for the most part) they cut it in half. My understanding is 50% is the max reduction allowed. That was then...with the state of California's Budget? I wouldnt expect the warden "not to show". Your guilty, only option is get it reduced...
 

stanky1

I've posted enough I should edit this section
Sep 11, 2009
729
449
Carlsbad
Name
Squid Mark
Boat
Scout 175 Sportfish
I would like to participate in this obvious trolling thread and offer a few expert thoughts...

I understand that game wardens are granted superpowers that can exceed your search and seizure rights, and they don’t need to maintain evidence against you, and maybe those superpowers extend into other areas that I don’t know about. I have limited knowledge about this or any other aspect of the law (read: none) but here’s my 2 cents.

When one goes to court to fight one of those expensive red light camera violations (and radar speeding tickets too) the prosecutor needs to show that the equipment used against you was properly maintained and certified for accuracy. If they don’t bring the proper evidence for this, they don’t have a case against you.
So if I were to go to court with the hope that the warden had better things to do, only to find him there, my defense might be that I wasn’t aware that I was in a restricted location and the burden of proof is on the prosecution to show that I was. And I would bring into question the accuracy and certification of their equipment. It works for the traffic violations, so I am told. I wouldn’t know since I always follow the law.

The beauty of this defense is that you aren’t perjuring yourself unless you actually did know your exact location. And who pays THAT much attention to their coordinates, especially if you weren’t aware of any restrictions.

Nailed it.
 

jiggermyster

Goin' out...
Dec 12, 2003
328
462
97
So Cal
Name
Clay
Boat
n/a
I would like to participate in this obvious trolling thread and offer a few expert thoughts...

I understand that game wardens are granted superpowers that can exceed your search and seizure rights, and they don’t need to maintain evidence against you, and maybe those superpowers extend into other areas that I don’t know about. I have limited knowledge about this or any other aspect of the law (read: none) but here’s my 2 cents.

When one goes to court to fight one of those expensive red light camera violations (and radar speeding tickets too) the prosecutor needs to show that the equipment used against you was properly maintained and certified for accuracy. If they don’t bring the proper evidence for this, they don’t have a case against you.
So if I were to go to court with the hope that the warden had better things to do, only to find him there, my defense might be that I wasn’t aware that I was in a restricted location and the burden of proof is on the prosecution to show that I was. And I would bring into question the accuracy and certification of their equipment. It works for the traffic violations, so I am told. I wouldn’t know since I always follow the law.

The beauty of this defense is that you aren’t perjuring yourself unless you actually did know your exact location. And who pays THAT much attention to their coordinates, especially if you weren’t aware of any restrictions.

Nailed it.
Good luck with that.
"Expert" testimony carries a lot of weight, with or without physical evidence.

I remember sitting in court one day, waiting for my turn to plead stupid.

Judge was a long winded fellow. In between handing out four figure fines, he told a story of sitting with a cop at a speed trap.
Cop was watching cars in the rear view and calling out the speed.
Radar confirmed speed as the car passed. Judge said cop was ±2mph with his eyeball.

Hard to win against that sort of professional bias.

ed: btw, there's a clue in there on how to possibly get excused from jury duty, if one were so inclined.
 
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OnoEric

Sometimes I fish
Dec 13, 2003
869
834
San Marcos
Name
Eric
Boat
Grady White 208
I got ticketed for forgetting to put my new license in my wallet. First time I go out and I got popped. Had no idea I didn't have it on me. Went to traffic court, showed the judge my license, got the fine reduced from $400 to $200. This is San Diego 2019. So in my experience it is worth going in to court.
Same thing happened to my buddy a few years ago. Got a ticket for fishing without a license because he left it in his other boat. He went to court and showed the judge his license, which had the date of purchase earlier than the ticket date, and the judge dismissed the case. He just had to pay a $15 court fee.
 
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MYNomad

Heading South
Dec 12, 2007
3,803
4,087
Pacific Northwest / West Coast Mexico
Name
Rick
Boat
Yes
When one goes to court to fight one of those expensive red light camera violations (and radar speeding tickets too) the prosecutor needs to show that the equipment used against you was properly maintained and certified for accuracy. If they don’t bring the proper evidence for this, they don’t have a case against you.
So my defense might be that I wasn’t aware that I was in a restricted location and the burden of proof is on the prosecution to show that I was. And I would bring into question the accuracy and certification of their equipment. It works for the traffic violations, so I am told. I wouldn’t know since I always follow the law.

Nailed it.
Interesting question, but I think an argument that would get laughed out of court. All the officer needs to show, in this case, is that OP was fishing seaward of the 60 fathom line. The officer's testimony that the GPS indicated he was on or near whatever bank, and therefore XX miles from that 60 fathom line, is very strong evidence even if he has nothing to prove its accuracy. If you offer no evidence to contradict this (your plan is to say you didn't know where you were, not that you were in a legal location), you can't win. Conversely, if you claim that your GPS showed that you were not too far west, you may have a factual dispute, but you will still lose. The judge / prosecution would ask you why you think your GPS is accurate and why you didn't object to the officer at the time of citation. I don't think you will come up with answers that cast reasonable doubt on the officer's contention.

Good try though.
 

nefarious235

I've posted enough I should edit this section
Aug 1, 2008
2,606
2,015
Proudly American
Name
Dan
Boat
canoe & plastic flotsam
We were 4 people and each person has about 4-5 rockfish, but the police says he will count 4-5 in total for all of us and pretend the ones in our cooler were catches somewhere else. Good guy actually , but he won’t let us go just with a warning lol.
Were you the boat using the electric reels? I think they may have been Tanacoms. How did you like them?
By the way, isn't it now the contiguous with land 75 fathom line? Which the 14 bank is still west of, sorry.
What time did they show up?
 
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split172

I've posted enough I should edit this section
Aug 3, 2015
316
356
Orange County
Name
One More
Boat
Steiger Craft 25
go to court. if the fish and game did not show up, you win.
Um, no. Seeing how he was not issued a citation in the field, the case is presented to a District Attorney or City Attorney who will file a complaint. The complaint will be sent to you with a court date. You will go in to court and either plead guilty or not guilty. If not guilty, you will get another date for pre trial to build a defense. Eventually you will have either a court or jury trial. That is when the F&G Officer MAY need to be present depending.
 

Blackfish

I've posted enough I should edit this section
Sep 20, 2005
6,023
4,255
Shithole
Name
.
Boat
toy
I got ticketed for forgetting to put my new license in my wallet. First time I go out and I got popped. Had no idea I didn't have it on me. Went to traffic court, showed the judge my license, got the fine reduced from $400 to $200. This is San Diego 2019. So in my experience it is worth going in to court.
yep

7145 (a) 20 I Fishing Without a License 100 100 70 50 50 20 20 410 40 35 485 7145 (a) I –With Proof of Valid License to Court 25 30 21 15 15 5 6 117 40 35 192
 

Goldminer1957

I've posted enough I should edit this section
Aug 14, 2008
154
149
Carson,Ca.
Name
David Lawrence
Boat
SeaCraft 23'
We went to 14 miles bank in Socal to catch rockfish today and got busted by fishing police. Apparently it's not legal, which we were not aware of.
Anyone has any idea which spots are good near Newport Ca area?Now that we got recond on paper we need to do everything according to rules from now on.
calif is a true shit hole only going to get worse !! with all the dem o RATS
 
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Yellowtail Dan

I've posted enough I should edit this section
Apr 10, 2006
3,297
3,407
53
Roseville Ca
Name
Dan
Boat
Excel, American Angler
I would like to participate in this obvious trolling thread and offer a few expert thoughts...

I understand that game wardens are granted superpowers that can exceed your search and seizure rights, and they don’t need to maintain evidence against you, and maybe those superpowers extend into other areas that I don’t know about. I have limited knowledge about this or any other aspect of the law (read: none) but here’s my 2 cents.

When one goes to court to fight one of those expensive red light camera violations (and radar speeding tickets too) the prosecutor needs to show that the equipment used against you was properly maintained and certified for accuracy. If they don’t bring the proper evidence for this, they don’t have a case against you.
So if I were to go to court with the hope that the warden had better things to do, only to find him there, my defense might be that I wasn’t aware that I was in a restricted location and the burden of proof is on the prosecution to show that I was. And I would bring into question the accuracy and certification of their equipment. It works for the traffic violations, so I am told. I wouldn’t know since I always follow the law.

The beauty of this defense is that you aren’t perjuring yourself unless you actually did know your exact location. And who pays THAT much attention to their coordinates, especially if you weren’t aware of any restrictions.

Nailed it.
I think you missed the point where they admitted to it claiming ignorance of the law which is a confession of guilt to the person issuing the ticket.

I would just show up and tell the truth and hope nobody came in and pissed off the Judge before you with some BS runaround excuse
 
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stanky1

I've posted enough I should edit this section
Sep 11, 2009
729
449
Carlsbad
Name
Squid Mark
Boat
Scout 175 Sportfish
Well, if I was a judge I would give some deference to those with original and entertaining excuses.
 
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4bruce

I've posted enough I should edit this section
Dec 13, 2011
648
130
la
Name
Lee
Boat
goldfish
I never lost a case. i have 4 traffic tickets in 10 years. all 4 times, the cops did not show up. I win all 4 case. I said go to court fight
 

jackyaochina

Newbie
Nov 20, 2020
16
7
35
Irvine, CA< USA
Name
Jackyaochina
Boat
Pursuit 26
Were you the boat using the electric reels? I think they may have been Tanacoms. How did you like them?
By the way, isn't it now the contiguous with land 75 fathom line? Which the 14 bank is still west of, sorry.
What time did they show up?
One of the reel is electric, we just got it, it's easy to use. Sometimes it's better to use the manual one, you get more feeling about fishing. So we switched it between us.
They show up about 11 am, it became foggy around 9 am and maybe that's why they were out? Not sure.
We really don't know the fathom line thing until the cop explained to us.
People here may be fishing for a long time and knows all in and out?
But it's really not easy for us to be clear about all the detail regulations about each type of the fish. I mean the fathom line is not even showing on the MPA map.
Anyway it's not an excuse of not knowing a rule, so as I drove the boat I'm paying for all my friend's fines whatever it comes up with.
I think some people here are a bit harsh, I know it's against rule or law, but it's not like robbery or other things that make one person really a bad guy. I talked to one of the guy in Island Fuels who deal with fishers all the time and he hasn't ever heard about the rule.
I think we would like to experience the court, telling the truth and see how it goes.
Anyway, all of these has been a good way to learn about the culture here.

There are kinder and meaner people anywhere, it doesn't bother me much.
All the trash talk and mean gestures defines more about the person who said it.
 

4bruce

I've posted enough I should edit this section
Dec 13, 2011
648
130
la
Name
Lee
Boat
goldfish
One of the reel is electric, we just got it, it's easy to use. Sometimes it's better to use the manual one, you get more feeling about fishing. So we switched it between us.
They show up about 11 am, it became foggy around 9 am and maybe that's why they were out? Not sure.
We really don't know the fathom line thing until the cop explained to us.
People here may be fishing for a long time and knows all in and out?
But it's really not easy for us to be clear about all the detail regulations about each type of the fish. I mean the fathom line is not even showing on the MPA map.
Anyway it's not an excuse of not knowing a rule, so as I drove the boat I'm paying for all my friend's fines whatever it comes up with.
I think some people here are a bit harsh, I know it's against rule or law, but it's not like robbery or other things that make one person really a bad guy. I talked to one of the guy in Island Fuels who deal with fishers all the time and he hasn't ever heard about the rule.
I think we would like to experience the court, telling the truth and see how it goes.
Anyway, all of these has been a good way to learn about the culture here.

There are kinder and meaner people anywhere, it doesn't bother me much.
All the trash talk and mean gestures defines more about the person who said it.
welcome to California. home of the mean people.
 

JFurst

West coast googan
Jul 9, 2020
42
65
Orange County
Name
Josh Furstenberg
Boat
n/a
Its funny to see people barking at this guy about getting busted for fishing for rockfish seaward of the 60 fathom line, when you can fish for rockfish up to the 75 fathom contour. If you are going to come down on the guy in favor of the law, at least know the law.

Rock cod fishing at the 14 has been debated a lot because islands and banks have their own contour lines which must be followed even if you are outside of cowcod protection areas, which makes things murky because not all of these lines are clearly defined.
 
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