MLPA Violation - Penalties?

Catalina CD

Cockdie Win's!!!
May 14, 2011
173
65
Avalon, CA
Name
Jamie Hmielak
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Steiger Craft 21 Miami
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!
 

Aggro

Keepin my pimp hand strong!
Mar 4, 2005
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AGGRO
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cheaper to rob a 7/11 with those fines.
 

The Chad

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Jun 18, 2012
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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
 
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Aggro

Keepin my pimp hand strong!
Mar 4, 2005
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airsoft, play a victim. Al Sharpton said it was ok. Pick a President mask.
 
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fishstomp

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Aug 11, 2008
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I was thinking blue and chrome......

image.jpg
 

Catalina CD

Cockdie Win's!!!
May 14, 2011
173
65
Avalon, CA
Name
Jamie Hmielak
Boat
Steiger Craft 21 Miami
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.
 

Trayscool

Captain
Sep 26, 2008
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Travis
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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.
 

Trayscool

Captain
Sep 26, 2008
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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.
 
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Sgtsilbaugh

"Keep calm and.........FISH ON!!!!"
Apr 14, 2014
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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

Fun Shit Maynard!
May 28, 2007
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larry
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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 !
 
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Blackfish

Marble collector.
Sep 20, 2005
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.
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Kevin, that argument was used in the fight to STOP the MLPA....se ho that worked for us. LOL
 

Sgtsilbaugh

"Keep calm and.........FISH ON!!!!"
Apr 14, 2014
1,222
438
Brea
Name
Kevin
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qajaq
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!



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MJB

I Should Upgrade My Account
  • Jun 19, 2008
    2,464
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    San Diego
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    sold it!!
    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......