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Author Topic: Stewarts point SMCA Off Limits By Boat  (Read 2925 times)

Offline Malibu_Two

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Re: Stewarts point SMCA Off Limits By Boat
« Reply #15 on: June 16, 2011, 09:49:29 AM »
I agree with Matt. However, you won't catch me risking a ticket by walking that line. The DFG do whatever they please, it seems, and will write citations on a hunch. Not worth the risk IMO.

Offline Brandi

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Re: Stewarts point SMCA Off Limits By Boat
« Reply #16 on: June 17, 2011, 11:53:24 AM »
In addition to tribal use options in the DFG document http://www.dfg.ca.gov/mlpa/northcoast.asp are options for changes in allowances in North Coast MPA's, name changes for North Coast MPA's and boundary changes for North Coast MPA's.  I strongly encourage all of you to take a look at it.  If you have any preferences, objections and/or comments to any of the options, write (letter needs to be received at least 3 days prior to their meeting) and/or give public comment at the June 29th Stockton meeting http://www.dfg.ca.gov/mlpa/meetings_n.asp#fgc.  Please keep in mind, if you want the Commission to take your comments seriously, provide sound rationale/argument to support your comments.   

If you don't feel they listen, then how did issue 5 and issue 6 (both are from public comment) get integrated into the DFG options document?  Furthermore, how did do you think we now have the diver's/shore angler's exemption in the regulations?!
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Offline MATT MATTISON

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Re: Stewarts point SMCA Off Limits By Boat
« Reply #17 on: June 17, 2011, 02:01:36 PM »
I know I will be writting a letter this weekend !!!
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Offline lawtalkingguy

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Re: Stewarts point SMCA Off Limits By Boat
« Reply #18 on: May 16, 2015, 01:17:43 AM »
Hate to resurrect an old topic, but I called DFG about this Wednesday.  We had a long chat about whether I could kayak in, beach it below mean high tide to avoid the wrath of the landowner, dive, and return.  DFG's take was "well, it sounds technically OK, but you're at the mercy of whatever warden comes by because you can't prove you didn't dive from the boat.  I suggested touching each ab to sand to show that they did, in fact, come from the beach.  He laughed.

Offline maodiver

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Re: Stewarts point SMCA Off Limits By Boat
« Reply #19 on: May 16, 2015, 08:17:55 AM »
I don't know the area in question, so if I am off base, I apologize...

Why not beach the boat below high tide mark, dive, then put the boat back in the water?
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Offline lawtalkingguy

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Re: Stewarts point SMCA Off Limits By Boat
« Reply #20 on: May 16, 2015, 10:32:58 AM »
I don't know the area in question, so if I am off base, I apologize...

Why not beach the boat below high tide mark, dive, then put the boat back in the water?

That's exactly what I asked about.  DFG's response was that a warden would only see you coming back by boat with abs, and would have to use his own judgment as to whether you dove from a boat or from shore, posing a risk of citation. 

We also discussed the general regulations in 14 CCR 632, which provide:

(12) Shore Fishing. Take from shore, or shore fishing, for purposes of this section, means take of living marine resources from shore, including beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to the shore. Unless specifically authorized in subsection 632(b), no vessel, watercraft (motorized or non-motorized), or floating device may be used to assist in the take, transport or possession of species taken while shore fishing, except that a float tube or similar flotation device may be used when taking abalone only.

You would be transporting and possessing species taken while shore fishing, which is banned by the regulation.  It appears the only legal way to dive much of the Stewarts Point SMCA would be to obtain an access easement from the Richardsons.  Good luck with that.

 

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