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Old 10-01-2008, 10:38 PM   #1
bigeyedave
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sec 29.15 (f) violation today

I have been ab diving since I was 12 years old. I got a ticket today. The first one ever, and I couldn't believe it. The kelp is very thick and there was a large ground swell. I was out with my kayak alone and diving fairly deep. I had a light in my left hand and only my 9 inch ab gauge in my right. I was measuring abs and when I would find an ab about 9 I would pop it off with my hand. I removed 2 abs on my first dive and my third ab on my fourth dive. I removed and retained only 3. Tagged them and filled out the card as instructed. I had a bar with a 7 inch gauge in my kayak, in the same bag I put the abs in. The officer watched me dive and fish for several hours and then met me on shore and wrote me ticket for not measuring them with a 7 inch gauge even though most exceeded the 9 inch gauge I was using and I had a 7 inch gauge/bar in the kayak. I guess you have to DIVE with a 7 inch caliper measuring device. It is not good enough to have it in your float or kayak. Just wanted you all to learn from my misfortune. I couldn't believe it. It makes absolutely no sense to me. I have to appear in court in Dec.
Dave

Last edited by bigeyedave; 12-04-2008 at 10:36 PM.
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Old 10-01-2008, 10:44 PM   #2
=pilot=
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Re: sec 29.15 (f) violation today

How did he know you were diving with the 9 and not the 7? That would be hard to tell from the shore.
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Old 10-01-2008, 10:45 PM   #3
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Re: sec 29.15 (f) violation today

You have got to be kidding!

I would definitely be fighting that one in court!
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Old 10-01-2008, 10:48 PM   #4
Ron S
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Re: sec 29.15 (f) violation today

I've heard of this before. Makes no sense whatsoever, but apparently it's something they like to go after. Sorry to hear you got cited.
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Old 10-01-2008, 10:59 PM   #5
fish impaler
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Re: sec 29.15 (f) violation today

dude thats just so messed up that poachers get away with it and they spend time nailing people for crap like this
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Old 10-01-2008, 11:01 PM   #6
Bob Ballew
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Re: sec 29.15 (f) violation today

c.s. ticket...take both bars to court and demonstrate how you use the larger bar to ensure you never take a short...ask that it be dismissed in the interest of justice..finalize your argument by pointing out there is the legal aspect of the law but, there is also the spirit of the law which is to ensure no short abs are taken..you met that requirement and then, some....unfortunately, common sense isn't a measureable quantity when hiring law enforcement personnel....I would also file a letter of complaint to F&G headquarters with a cover letter asking that your complaint be put in his personnel file...enough citizen complaints and his advancement will be limited....you could also argue that under the law, there is a minimum requirement for measuring abs but the law has no requirement to prohibit measuring abs by using a larger measurement standard that would ensure you are well within the law...

Last edited by Bob Ballew; 10-16-2008 at 11:29 PM.
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Old 10-01-2008, 11:04 PM   #7
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Re: sec 29.15 (f) violation today

The guy sits there for several hours and wants something to show for his time spent
Thanks for letting eveyone know once again to dot their IIs and cross their TTs, don't let them find anything.........
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Old 10-01-2008, 11:06 PM   #8
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Re: sec 29.15 (f) violation today

I'm speechless.
Thank You for posting. Unbelievable
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Old 10-01-2008, 11:09 PM   #9
fish impaler
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Re: sec 29.15 (f) violation today

your lobster card $$ at work
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Old 10-01-2008, 11:11 PM   #10
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Re: sec 29.15 (f) violation today

Quote:
Originally Posted by Bob Ballew View Post
c.s. ticket...take both bars to court and demonstrate how you use the larger bar to ensure you never take a short...ask that it be dismissed in the interest of justice..finalize your argument by pointing out there is the legal aspect of the law but, there is also the spirit of the law which is to ensure no short abs are taken..you met that requirement and then, some....unfortunately, commen sense isn't a measureable quantity when hiring law enforcement personnel....I would also file a letter of complaint to F&G headquarters with a cover letter asking that your complaint be put in his personnel file...enough citizen complaints and his advancement will be limited....
I totally agree here. If you bring your gauge and show them that you had the legal gauge on board and you took Abs that are clearly larger (2inches) than the legal size. I bet it'll get tossed out.
Of course I'm no lawyer
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Old 10-01-2008, 11:16 PM   #11
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Re: sec 29.15 (f) violation today

If what you describe is accurate, how does CDF&G expect anyone to respect the regulations when their own officers pull crap like this?

I talked to a diver today who said he intentionally uses a 3.27" fixed lobster guage just to make certain if the carapace touches there's never any doubt that it's legal, and he doesn't have to make a close judgement call in the water. I thought it was a good idea, but according to the officer you encountered this guy is clearly cheating the law also. That's 'effed up. LA/


I'm just going to add that I hope most CDF&G enforcement officers are smarter than this. A few bad ones can make the entire department look ridiculous.
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Old 10-01-2008, 11:19 PM   #12
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Re: sec 29.15 (f) violation today

I seriously hope you challenge this when you go to court.

It really concerns me that the state is more strict about this kind of stuff than domestic violence, the budget crisis, our crappy roads, and ya know, real problems.
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Old 10-01-2008, 11:21 PM   #13
fish impaler
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Re: sec 29.15 (f) violation today

all those people who say to file off part of you bug gauge clearly should be locked up
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Old 10-01-2008, 11:25 PM   #14
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Re: sec 29.15 (f) violation today

Sometimes, I think some enforcement agents just don't want anyone to ab dive.

Below is the regulation off dfg.ca.gov.

(f) Measuring Device: Every person while taking abalone shall carry a fixed-caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell.

The important words being "taking" and "Carry". While the officer have a cause in issuing the ticket. It does not mean the court agrees with that. Nothing keeps you from writing a letter to the judge / DA before the hearing, and that may save you a trip up north.

Did the office KNOW you didn't use the 7" gauge by watching? Or did he come up with that conclusion based on your appearance at the shore?

Good luck, and let us know the outcome. This is one of most ridiculous ab tickets I've heard.
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Old 10-01-2008, 11:27 PM   #15
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Re: sec 29.15 (f) violation today

bigeye,
thats a total bummer pal.
I had heard they would do this if they caught it, but not when you had one in your board.
sonoma coast is the worst, theres some real cheesedicks down there.
fight it, you live close, and maybe you can beat this.
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