Posts by Spearhunter

  • MLPA discussion

    Quote from Don Paul

    And I respect your right to have MPLA discussion including opinions of first hand personal encounters.


    My post was not directed to any one person, just a heads up on any posts suggesting support or a call to arms for poaching. Feel free to vent as needed , this a huge personal loss to many speros in Laguna and other ''back yard'' dive spots. Carry on...


    Cheers, Don


    Agreed. Breaking the law should never be tolerated by our group.... Let alone encouraged in any way. However LEGAL activities should be supported as long as they are ETHICAL.


    That said and in response to other posts.... I am glad the wardens showed up to our meeting. Initially, they declined and we had to talk to the head of the department and the commission to get them to do their job and show up to the meeting. We have to remember that showing up to talk to fishing/hunting groups as the face of the dfg is quite literally in their job description.


    Unfortunately, they were not well prepared and in-fact knew less about the MLPA than we did (or seemed to). They repeatedly said that they would not know what the law was until Jan. 1 because they do not have the new code sections. They could not tell us how it would be enforced or how to ensure compliance with the law. The best they could tell us was "steer well clear of the mpa's". That was what precipitated my original post and advocacy for fishing close to the mpa's (make sure you know the boundaries and have good gps). If we meekly "steer clear" as the supervisor warden advocated, we give up much more of our fishing ground than necessary just to make the warden's job easier.


    Everyone wants an easier job and we should all be polite and friendly towards wardens but neither we nor they wrote the law and if it is flawed that is neither of our fault. We will all do our best. Gps is a must.


    By the way, there are fewer wardens now than there were in 1960..... Fun fact.

  • MLPA discussion

    Quote from Tailsurfer

    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

  • MLPA discussion

    Quote from chris oak

    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.

  • MLPA discussion

    Quote from halibutmike

    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.

  • 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

  • SoCal spearo new to the board


    Great spearing in Arizona. What part?

  • Children's pool- we need you!!

    Quote from LunkerBuster

    that spot looks amazing....


    do you guys have a paypal acct. I know I'd like to throw a couple bucks to help out even if it just offsets the cost of your signs, anything to help. I bet other's would feel the same. Shoot me a PM


    We are working on one better. We have a 501c3 in the process of setting up so people can get a write-off. I will let you know once it is finally set up. Thanks!

  • Children's pool- we need you!!

    Quote from Wishihadgills

    Cant the city at least put some kinda of sign that officially states that the beach isnt closed and or that the rope is "suggested viewing"


    It seems to me that this is a dumb situation that could easily be fixed if they city was simply more assertive. But Im sure im preaching to the choir.


    The City officially puts signs on the rope saying that the beach is "open". The problem is that the print is fine and you have to go through at least one set of signs from the activists saying that the beach is "closed" before you can read the fine print on the City signs. Not to mention the activists yelling at you for going on the beach.


    Most people are non-confrontational and don't want to deal with the BS. Those who go on the beach without large numbers risk whatever the activists will do to them. They have started fights and even used a taser in the past to make their point that they feel the beach is "closed".


    The real problem is two-fold. I think everybody actually loves the seals and has no real problem with them being there. Unfortunately, federal law says that you cannot "disturb" the seals or "alter their natural behavior". The activists take this to mean that if they so much as look at you, you are breaking the law. They call NOAA constantly and report "harassment" of the seals on people simply trying to take a picture.


    The two-fold problem at CP is the activists presence and the lack of enforcement of City laws at that location.


    The CP is actually the only man-made beach in the state of CA. It was created through a gift from a local philanthropist in the 30's. They built a breakwall and created a "bathing pool" for children to safely experience the ocean. Generations of spearos and many other San Diegans have grown up at this beach. It has been featured in news articles, magazines and movies (prior to being famous for seals). It is truly unique along our coastline.


    Finally, it is considered by some to be the birthplace of our sport. Their is no doubt that many of the techniques and technology of early spearing was developed in La Jolla. Some of the first spearfishing competitions in the world were held in la jolla. This beach in particular has been at the center of that heritage for many years since the la jolla cove was closed by the environmentalists.

  • Children's pool- we need you!!

    Quote from Wishihadgills

    Maybe you can explain to us Florida guys but what is the purpose of the rope? Is it just some way for the city to appease the activists or would you actually be violating a law or ordinance by crossing it? What does the rope actually block and why is it up only part of the year? Is it during breeding/mating season?


    Thanks


    The rope is a "suggested viewing guideline" created by the city. It is completely legal to cross as both humans and seals do all the time. In fact, NOAA noted that the rope is useless in letters sent to the City. Currently, the rope is only during "pupping season" but they are trying to make it a year-round thing. The real problem with the rope is that it creates the impression among the public that the beach is closed and this is reinforced by activists yelling at us from both sides of the rope. The activists constantly call the cops and make false reports, throw stuff at us, steal stuff, vandalize etc... The video and harass and misinform.


    Not a great situation but we are doing our best to turn things around.

  • Children's pool- we need you!!

    As many of you know, the fight at CP will be heating back up this winter. The City is expecting to put the rope barrier back up at the beach and the activists are very effective at screaming at people to get them to stay behind the rope.


    The rope is expected to go up on Dec. 15. That Saturday, Dec. 17, we are trying to get everyone possible to go and hang out at Children's Pool. This is our way of asserting our rights. If you can only make it to CP one day this year, please join us on that day. We are hoping the weather will cooperate.


    The idea is to show strength through enjoyment of our rights as citizens to enjoy the public beach. As has long been established, the rope is a "suggestion" and has no legal meaning. It is our constitutional right to fish at CP. This is guaranteed by the state constitution and the CP trust.


    We are asking any and all dive clubs to join us and celebrate/educate the public about one of the most historic dive spots in CA if not the world. This day is not hosted by any particular dive club and has been planned by members of multiple clubs. This is a great opportunity to get together and meet people from other clubs throughout CA. I hope you all can make it!!