MLPA discussion

  • We had two wardens from DFG at the SDF meeting last night. We were discussing the new MLPA initiative and enforcement. A couple of thoughts popped up based on their input.


    First, it does not seem like the Wardens know what regulations will and will not be in effect in the new closed areas. They admitted that they do not have the regulations yet and will not know what is going on until Jan. 1 when it is actually implemented.


    Second, there will be no remorse if you are in a closure area and you ended up there because of drift or whatever. MAKE SURE you are out of a closed area. The warden seemed to think we should give those areas a really wide berth and that if you were caught in one it was "because you were too close anyway". Not what I wanted to hear. I for one, intend to fish as close as possible and remain legal. If I get cited, I intend to fight. I don't want to be a dick or anything but I don't intend to give up any more rights than I absolutely have to.


    Third, the mobile app and other tools they are putting out there will not keep you out of trouble. Enforcement has no input on those so they don't care if you use it or don't. If there are mistakes in the software, it is on you.


    Finally, invest in a good gps if you intend to dive near MPA's. Don't volunteer any information if you are boarded but be polite the entire time.


    Just my $0.02

  • this is just more crap piled on a pile of ....... etc.


    Given where some of the boundaries were drawn, a number of us will end up fishing / diving very close to "the line"..... and my gps doesn't work underwater....... I just hope they post maps with Satellite views that clearly show where they think the boundaries are.............. IF - When they do, I'll carry copies with me (in car).


    Laguna is already training staff and "volunteers" to enforce the new regs..... just scary!

  • this is just more crap piled on a pile of ....... etc.


    Given where some of the boundaries were drawn, a number of us will end up fishing / diving very close to "the line"..... and my gps doesn't work underwater....... I just hope they post maps with Satellite views that clearly show where they think the boundaries are.............. IF - When they do, I'll carry copies with me (in car).


    Laguna is already training staff and "volunteers" to enforce the new regs..... just scary!


    Do you have any more info on the "volunteers"? We asked the wardens last night and they explicitly stated that nobody who has not gone through an academy (meaning they went through law enforcement training) can issue citations. They have no more rights than we do.

  • They can have volunteers but mainly those people would just be able to tell you where you should not be. I'm betting that they will probably be just around the shore telling you that you shouldn't be in certain areas. They won't be able to arrest or detain you, however they will be able to call in fish and game.

  • volunteers are going to snitches, like fishcop. i really hope this whole thing grenades in face of the dfg somehow. i think there should be a fish-in on new years day in front of main beach. ill donate a keg of beer if someone wants to put it on thier boat and drop anchor directly in front of the gaurd tower. i think if we get enough people together we can some attention drawn to us, and possibly get an opportunity to get word out publicly about the corruption and deception behin the MLPA. then again it may just result in ALOT of tickets.

  • They can have volunteers but mainly those people would just be able to tell you where you should not be. I'm betting that they will probably be just around the shore telling you that you shouldn't be in certain areas. They won't be able to arrest or detain you, however they will be able to call in fish and game.


    Sounds like we need to have a copy of FGC 2009. If they stop us, we can call the wardens ourselves and have them cited:


    (a) A person shall not willfully interfere with the
    participation of any individual in the lawful activity of shooting,
    hunting, fishing, falconry, hunting dog field trials, hunting dog
    training, or trapping at the location where that activity is taking
    place.
    (b) A violation of this section is punishable pursuant to
    subdivision (b) of Section 12000.
    (c) Any person convicted for a violation of this section that
    occurred within two years of a prior violation of this section which
    resulted in a conviction is guilty of a misdemeanor, punishable by
    imprisonment in the county jail for a period of not more than one
    year, by a fine of not less than one hundred dollars ($100) and not
    to exceed one thousand dollars ($1,000), or by both imprisonment and
    fine.
    (d) This section does not apply to the actions of any peace
    officer or personnel of the department in the performance of their
    official duties. This section does not obstruct the rights and normal
    activities of landowners or tenants, including, but not limited to,
    farming, ranching, and limiting unlawful trespass.
    (e) In order to be liable for a violation of this section, the
    person is required to have had the specific intent to interfere with
    the participation of an individual who was engaged in lawful
    shooting, hunting, fishing, falconry, hunting dog field trials,
    hunting dog training, or trapping.
    (f) For purposes of this section, "interfere with" means any
    action which physically impedes, hinders, or obstructs the lawful
    pursuit of any of the above-mentioned activities, including, but not
    limited to, all of the following:
    (1) Actions taken for the purpose of frightening away animals from
    the location where the lawful activity is taking place.
    (2) Placing or maintaining signs, gates, locks, or barricades that
    prohibit or deny access to lands without authorization from the
    landowner or lessee or an authorized designee of the landowner or
    lessee.
    (3) Placing food on lands not belonging to the person placing the
    food for purposes of eliminating the lawful ability to hunt due to
    the presence of bait, as defined in this code or regulations adopted
    pursuant to this code.

  • I agree, but it will be hard taking that to court. More than likely I see a lot of places like laguna and malibu with volunteers acting like the childrens pool in sd. It's obvious what they are doing borders the line of legality but it's a pain in the ass to get enough evidence.

  • excuse my language but the DFG agents were total pricks last night, they did not know squat, they did not want to be there, they did not understand the questions that some of us asked, they could not define how they would ticket us as far as variances in GPS and what not. They were all over the board with their answers. F them even if their job is hard. They signed up for it and we pay for it.

    BOBBERRYFISHCARVINGS.COM

  • i think there should be a fish-in on new years day in front of main beach. ill donate a keg of beer if someone wants to put it on thier boat and drop anchor directly in front of the gaurd tower.


    I tried to bring this up on the other board but everyone is too scared to do anything. I would be there but I think I will be in La Jolla Mark. Anyone who has the huevos to come with me is welcome.

    BOBBERRYFISHCARVINGS.COM

  • (7) Anchoring. Vessels shall be allowed to anchor in any marine protected area or marine managed area with catch onboard unless otherwise specified in subsection 632(b), areas and special regulations for use. Fishing gear shall not be deployed in the water while anchored in a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while anchored in a state marine recreational management area, state marine park or state marine conservation area. Anchoring regulations shall be consistent with federal law and allowances made for anchoring required by emergency or severe weather.


    (8) Transit or Drifting. Vessels shall be allowed to transit through marine protected areas and marine managed areas with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.

  • Basically as long as you are in a kayak or boat and your catch and gear is not in the water you can be in an MPA/SMCA!!!


    So... If you want to fuk with the fish cops or DFG I am in!!!


    Some spots that can be considered; Main Beach to anchor your boat at or have fish weighins, and Cresent bay or Tarranea to Launch a kayak and paddle to non MPA/SMCA areas. You in?

  • Not according to what the Dfg officer said josh. Is you shoot a Hali in a legal area then move and anchor in an MPA searching for yellowtail you are gonna get a ticket.

    BOBBERRYFISHCARVINGS.COM

  • Basically as long as you are in a kayak or boat and your catch and gear is not in the water you can be in an MPA/SMCA!!!


    So... If you want to fuk with the fish cops or DFG I am in!!!


    Some spots that can be considered; Main Beach to anchor your boat at or have fish weighins, and Cresent bay or Tarranea to Launch a kayak and paddle to non MPA/SMCA areas. You in?


    Let's double check those regs but I am in to have some fun

  • Just keep in mind guys the ''fish cops'' did not bring this MPLA process upon us, they enforce the Fish and Game laws of the state. I have had a very good relationship with many in DFG over a 25 year long span.


    I have never received a F+G citation and don't plan on breaking any F+G laws. I also ask my Cali members not to post threads suggesting the breaking of State Fish and Game laws.
    There are words and there actions, I intend to play hardball on the MPLA rules, and I'm not giving up one meter of legal sea bed in some spots, even if it means having a GPS locator on my float.


    Don

    "Great mother ocean brought forth all life, it is my eternal home'' Don Berry from Blue Water Hunters.


    Spearfishing Store the freediving and spearfishing equipment specialists.

    Edited once, last by Don Paul ().

  • Just keep in mind guys the ''fish cops'' did not bring this MPLA process upon us, they enforce the Fish and Game laws of the state. I have had a very good relationship with many in DFG over a 25 year long span.
    Don


    I highly agree. Most of the DFG guys I've run into were really professional, a few of them are freedivers/spearos and share our pain. There are some who are going to be harder on us than others of course, as long as you are within the law you are safe in court I plan on having maps on my boat and in my car.


    If you don't agree with them you may argue your point, but be polite about it the last thing we need is dfg to lump us all together as unreasonable assholes because you flew off the handle.

  • Just keep in mind guys the ''fish cops'' did not bring this MPLA process upon us, they enforce the Fish and Game laws of the state. I have had a very good relationship with many in DFG over a 25 year long span.


    I have never received a F+G citation and don't plan on braking any F+G laws. I also ask my Cali members not to post threads suggesting the breaking of State Fish and Game laws.
    There are words and there actions, I intend to play hardball on the MPLA rules, and I'm not giving up one meter of legal sea bed in some spots, even if it means having a GPS locator on my float.


    Don


    +1


    Also I haven't met a single DFG officer who is 100% for the fishing closures. From what I hear they are mostly against the closures. Unfortunately they are powerless to stop the MLPA from happening, just like the general public is, or I am.

  • Spot on Chris and Daniel. I have carried F+G law books in my dive van for 30 years in Laguna. Cops and F+G officers are just a slice of society, just as there are two types of people in the world....good ones and bad ones.
    I am calm and non confrontational when dealing with any officer, just the facts. The court room is where you practice the adversary system.


    Cheers, Don

    "Great mother ocean brought forth all life, it is my eternal home'' Don Berry from Blue Water Hunters.


    Spearfishing Store the freediving and spearfishing equipment specialists.

  • When legal actions brought on by user groups have come to a end, we the spearfishermen, the commercial lobstermen and line fisherman, need to have the largest organized wake for the Death of our American Rights to Fish. It needs to be a nice sunny day when the Main Beach is packed. Fishing boats, paddle boards, surf boards and lobster-men at the paddle out. Those that can't attend can have a toast to our long lost friend in sports bars out side Laguna and homes in Cali. Western Outdoor News and major media will be invited to this very sad day. Maybe Guinness would step up with some easing of the pain ? I'll personalty invite my heros; Dana Rohrabacher and Buzz Aldrin to the sadness.

    Don

    "Great mother ocean brought forth all life, it is my eternal home'' Don Berry from Blue Water Hunters.


    Spearfishing Store the freediving and spearfishing equipment specialists.

    Edited 5 times, last by Don Paul ().

  • Well you guys missed our meeting the other night. I give respect where it is due. I do not respect the TWO officer that came to our meeting. They lost my respect. I still have respect for the others. I'm also not telling people to break the law. A dive on New Years Eve is perfectly legal.

    BOBBERRYFISHCARVINGS.COM

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