MLPA Violation - Penalties?

[Catalina CD]

Had a close call over the weekend. Got pulled over by DFG. Was trolling on the very edge of MLPA area front side of Catalina (Blue Cavern). I knew that the area was MPA, but just spaced out while I was trolling. DFG just gave me a heads up of where I was at. Made me realize how careful you have to be out there. Could have easily wondered into the MPA zone. What are the penalties for an MLPA violation anyway? I know it's a hefty fine (not sure how much). Any other penalties, such as license suspension? Just curious...be careful out there guys!

 

[skipjack]

I know of some guys getting fined $500 a person (4) on the same boat.

 

[Aggro]

cheaper to rob a 7/11 with those fines.

 

[Otto]

cheaper to rob a 7/11 with those fines.

What's the best method ?

 

[fishstomp]

cheaper to rob a 7/11 with those fines.

What color mask do you wear? How fast do you run? Revolver or auto?

 

[The Chad]

I just looked up the various fines and it really could get ugly quickly depending on what they decided to site you for. Transiting with gear in the water is 250 bucks, if they site you for wrongfully taking fish could be another few hundred and then there are a few other fines they could tag you with if they really wanted too. And that is all before court fee...so it could go higher and yes they could also suspend your license for a time (local commercial guy lost his for 3 years do to selling illegally). Here is all of the fines. http://www.courts.ca.gov/documents/2015-JC-BAIL.pdf

 

[Aggro]

airsoft, play a victim. Al Sharpton said it was ok. Pick a President mask.

 

[fishstomp]

I was thinking blue and chrome......

 

[Trayscool]

I got busted in Catalina....it was $475...and I had a mandatory appearance in Avalon, had to ride the express over $70 to show up.

It got reduced to around $250 in court.

Same thing, trolling around and spaced out. Luckily he didnt give ther girl I was with a ticket as well.....

 

[Catalina CD]

I got busted in Catalina....it was $475...and I had a mandatory appearance in Avalon, had to ride the express over $70 to show up.

It got reduced to around $250 in court.

Same thing, trolling around and spaced out. Luckily he didnt give ther girl I was with a ticket as well.....

How did it get reduced? Did you have a lawyer, or was the judge just in a good mood Any other penalties? I've heard potential probation, or even jail time. However, I realize that would be highly unlikely.

 

[Bigeasy]

That's so pimpish!

airsoft, play a victim. Al Sharpton said it was ok. Pick a President mask.

You really need a real life! Rolling in too much of that dirt you slanging!

 

[Trayscool]

How did it get reduced? Did you have a lawyer, or was the judge just in a good mood Any other penalties? I've heard potential probation, or even jail time. However, I realize that would be highly unlikely.

If you just show up they will reduce the fine.

You wont believe how many tickets they hand out, hundreds. You have to be a lucky MFer to get off. The DFG guys were real cool who gave me the ticket and basically said they are forced to hand them out or else he'd let me go on account of being an idiot.

I can tell you that I was part of about 1% of people who actually showed up in court, the guys who didnt are in for a serious hurting on the bank account.

 

[lougio]

I thought you can fish pelagic species in the zone?

 

[sickcat]

I thought you can fish pelagic species in the zone?

There are onshore and offshore sections of Blue Cavern MLPA. Pelagic finfish can be taken in the offshore area but not the onshore.

 

[Trayscool]

I thought you can fish pelagic species in the zone?

Thats what I thought and after a few beers I stopped paying attention so close to the rules.

There are a shit ton of them and you need to read each area separately, the area I was busted in is a full closure.

The rules are made to confuse people and hand out tickets, not for the benefit of marine life. If you are unsure, or cant remember than just dont fish there. I had a full book printed out on my boat and still got a ticket.

 

[Sgtsilbaugh]

If they took your license, that would take away their jurisdiction, right? Anyone ever fish without a license? California Constitution Article 1 Section 25 makes fishing a right and only prohibits fishing hatcheries. So let's say you were fishing, without a license under your Constitutionally protected right, in an MLPA, and they try to site you, can you challenge subject matter jurisdiction? Isn't issuing a license granting a privilege? They can't turn a legally protected right into a privilege.

Here's some case law that some might find interesting. .......

"The claim and exercise of a Constitutional right cannot be converted into a crime." Miller v. U.S., F.2d 486, 489.


MURDOCK v. PENN., 319 U.S. 105
No state shall convert a liberty into a privilege, license it, and
attach a fee to it.

Shuttlesworth v. City of Birmingham, 373 US 262 If a state converts a liberty into a privilege the citizen can engage in the right with impunity.

Just some thoughts to stimulate your brain cells.

I have a license btw. Just wanted to know if anyone has thought of this before.

 

[lj.fish]

If they took your license, that would take away their jurisdiction, right? Anyone ever fish without a license? California Constitution Article 1 Section 25 makes fishing a right and only prohibits fishing hatcheries. So let's say you were fishing, without a license under your Constitutionally protected right, in an MLPA, and they try to site you, can you challenge subject matter jurisdiction? Isn't issuing a license granting a privilege? They can't turn a legally protected right into a privilege.

Here's some case law that some might find interesting. .......

"The claim and exercise of a Constitutional right cannot be converted into a crime." Miller v. U.S., F.2d 486, 489.


MURDOCK v. PENN., 319 U.S. 105
No state shall convert a liberty into a privilege, license it, and
attach a fee to it.

Shuttlesworth v. City of Birmingham, 373 US 262 If a state converts a liberty into a privilege the citizen can engage in the right with impunity.

Just some thoughts to stimulate your brain cells.

I have a license btw. Just wanted to know if anyone has thought of this before.

Good luck with that !

 

[Sgtsilbaugh]

Good luck with that !

Common, who's going to challenge it first? Or has anyone done this already? Any alleged "sovereigns" out there?

 

[Blackfish]

Kevin, that argument was used in the fight to STOP the MLPA....se ho that worked for us.

 

[Sgtsilbaugh]

DFG is a business??? Say what??? I just pulled it up on Dunn & Bradstreet. So if they're not a government agency, do they have subject matter jurisdiction? That is the question. Anyone have proof that they in fact do? If so, PROVE IT!

 

[wils]

Common, who's going to challenge it first?

Your talk. Your walk, sgt.

 

[Sgtsilbaugh]

Your talk. Your walk, sgt.

Don't tempt me, lol[emoji6]

 

[mullet]

I double dog dare ya

 

[MJB]

It would be nice if you could load them into your GPS with audible warnings.........

Like was said before it's all about the money from tickets......

 

[abdiver7777]

I triple dog dare you............

 

[Chasin_Bendo]

Common, who's going to challenge it first? Or has anyone done this already? Any alleged "sovereigns" out there?

I'm in iPhone right now so can't search but there's a article or video out there of a guy who got off for fishing without a license because he has the right to forage for food.

 

[sickcat]

It would be nice if you could load them into your GPS with audible warnings.........

Like was said before it's all about the money from tickets......

There are charts with the MPLAs on them or take the time to enter the lat/lons of the points from the DFW website.