Never received a ticket, but have been warned a couple times about not having one filled in completely before entering U.S. waters.Anyone have any experience with DFG siezing fish caught in Mex for not having a Declaration form? I did send one to DFG in Sac the next day. I was also informed fishing in the US and in Mex on the same day is considered double dipping...Right!!! I informed DFG that means I was fishing in the US and Mex at the same time...DFG took some of my fish and ticked me for not having a declaration form... I go to court in Nov. I'm screwed...Please advise.
Um, yeah. We have been stopped and checked at the ramp with "short" lingcod...caught in Mexico.....showed them our declaration forms, and were told to have a nice day.Yeah I have a law background too, and the original post is 100% wrong.
I think having those pictures can't hurt, but just so you and everyone else knows, DFG isn't bound by the same 4th Amendment restrictions as regular cops are. A regular cop can't come into your house without permission or a warrant, or search you without permission or a warrant (assuming you're not on probation or anything), but a DFG officer CAN search your boat and your belongings without your permission BUT this is limited to situations where the officer reasonably believes you were engaging in fishing activities, and I'm pretty sure he can only search for evidence of fish and game related violations.Simple solution, you can catch undersized fish in MX, however assume the risk of the DFG agent or whatever they're called nowadays, and IF you are going to do that then do the Following: 1) fill out Declaration form, 2) pic of fish with Mx in background on your phone, in other words quality doesn't matter, just proof, but also noting the time and date off a watch or GPS unit helps too. 3) Make sure you have all legal licenses for both waters including your passport in the same spot with Declaration Document. You have proof beyond a reasonable doubt that you did what you are suppose to do, so if the guy wants to be a dick, you got proof he screwed up. OR just keep size limits that same as CA and still follow the rest of the guidelines. The more you have to prove your case with less "Talk" to the officer the better, if you got that indication he's gonna be a DB, quietly pull out your phone or GoPro and start recording, then the warden will say "Excuse me sir but why are you recording this conversation," you answer well officer, why are you not observing the correct procedures that I have followed and showed you proving that I fished properly under both MX and CA regulation codes, am I being detained..ok thanks now have a great day" and leave. The Warden knows you did everything you were suppose to do and if he persues you, then you have on video of harrassment because if you've come to the conclusion he has nothing to go on, he can't detain you by law without a warrant, even more so, they do not have permission by law to come on board of your vessel without your permission, notice why they always ask for permission or may I see your license please...But don't be a dick, let them be a dick, you got it on video, which holds up more in court than what they can argue or try to argue.
its fund raising not law enforcement , they should have a bake sale lolThanks JRefkin for clarifying new regs for all BDCKRS!
Last year we were cited under the same code (but different charge from short imported fish) after a days fishing in Mexico.
I poured over the regs, spoke with the DFG and eventually charges were dropped.
They need to make the regs as clear and unambiguous as you have.
If not, they are simply revenue collectors and not conservationists etc.
Hey guys, I've been reading the posts about Rockfish fishing down in <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comDFG does not enforce Mexican regulations, per say. Instead, they enforce <st1:State><st1lace>California</st1lace></st1:State>'s importation laws. When we fish down in <st1:country-region><st1lace>Mexico</st1lace></st1:country-region> and bring the fish back to <st1:City><st1lace>San Diego</st1lace></st1:City>, we are importing into <st1:State><st1lace>California</st1lace></st1:State>. There was a change in the law last year, Fish and Game Code section 2353- it says: <?xml:namespace prefix = o ns = " border=" /><o></o>
(a) Birds, mammals, fish, reptiles, or amphibians shall not
be imported or possessed in this state unless all of the following
requirements are met:
(1) The animals were legally taken and legally possessed outside
of this state.
(2) This code and regulations adopted pursuant thereto do not
expressly prohibit their possession in this state.
(3) A declaration is submitted to the department or a designated
state or federal agency at or immediately before the time of entry,
in the form and manner prescribed by the department.
This basically says that anything that is illegal to possess in <st1:State><st1lace>California</st1lace></st1:State>, is illegal to import. The Lt said short fish falls under that category. You can take short fish in <st1:country-region><st1lace>Mexico</st1lace></st1:country-region>, but you can't possess them in <st1:State><st1lace>California</st1lace></st1:State>- so don't bring em back. You also canâ€™t possess illegal fillets in <st1:State><st1lace>California</st1lace></st1:State>. So make sure your bass and Halibut fillets are the legal size.
The Lt. said there is an exception to the rockfish closure. California Code of Regulations, Title 14 section 27.51(b)- this regulation allows rockfish to be taken in open areas and transported back through closed areas aboard vessels in transit with no fishing gear in the water. This means if you catch rockfish in Mex and want to bring back to <st1:State><st1lace>California</st1lace></st1:State>, you can't stop and fish in US waters or stop and fish off IB or in SD Bay, etc. The Lt. said the exception is Cowcod, Yelloweye, and Canary Rockfish. These species can't be possessed year round in <st1:State><st1lace>California</st1lace></st1:State>, so they cannot be imported into <st1:State><st1lace>California</st1lace></st1:State> from <st1:country-region><st1lace>Mexico</st1lace></st1:country-region>.
There is a Black Seabass section too in the reg book (section 28.10, page 41 in the 2008 DFG reg book) that allows you to take up to two Black Seabass in <st1:country-region><st1lace>Mexico</st1lace></st1:country-region> and bring them back into <st1:State><st1lace>California</st1lace></st1:State> provided you have a declaration and a Mexican fishing license. Although this is a cool exception, I think anyone who takes these beautiful fish or any other short fish no matter where they are at should have their boat sunk and rods snapped. There is no excuse for that in my book.
So, long story short, you can't bring in short fish from <st1:country-region><st1lace>Mexico</st1lace></st1:country-region>. You can fish for Rockfish in Mexcio during the <st1:State><st1lace>California</st1lace></st1:State> closure and bring them back provided you don't stop to fish in the <st1:country-region><st1lace>US</st1lace></st1:country-region> on the way back, but don't take any Cowcod, Yelloweye, or Canary Rockfish. Hope that helps. Look up the sections if you want to see for yourself.
Just because you rhink something is beautiful doesn’t mean I or others think the same way.Well not unless you want all your rods snapped and your boat sunk, for keeping one of these beautiful fish.