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Old 11-22-2011, 09:09 PM   #1
jorluivil
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I wouldn't call a snagged fish the catch of a lifetime. It sucks that they took the fish away from him but rules are rules.
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Old 11-23-2011, 05:42 AM   #2
Devildawgjj
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Some narrative below (that I agree with) from people that rationalized this event:

So the feds know when a giant tuna is caught in a net but can't stop illegals from entering the country?

Honesty is supposed to be the best policy. Another example of how the ones who worked hard get screwed!

We should throw the government back and keep the fish.

A government big enough to give you everything that you want, is big enough to take away everything that you have- Thomas Jefferson
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Old 11-23-2011, 06:21 AM   #3
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From what I read the case is still open and the funds are being placed 'on hold' until the matter is resolved. I really doubt he'll see any of the money but you never know.
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Old 11-23-2011, 07:24 AM   #4
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I would have stuck a hook in it's mouth and said I cought it on rod and reel.
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Old 11-23-2011, 07:35 AM   #5
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Originally Posted by PapaDCh View Post
I would have stuck a hook in it's mouth and said I cought it on rod and reel.
Bingo! Look, if this guy had been caught numerous times before with violations, I would understand. If not and if what he says is true about purchasing an s-load of tuna permits in good faith, he should get to keep the fish. People forget, laws are not always supposed to be blindly enforced, rather as a guideline when the occasion merits it. This seems to be one of those occasions.
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Old 11-23-2011, 07:49 AM   #6
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I heard a sermon one time called "The letter of the law, kills. The spirit of the law gives life."

Looking at this from a letter of the law perspective the fisherman did not have the appropriate permit at the time, therefore he looses. You lose, you get nothing, good day sir! From the spirit of the law. The permits/regulations are set up to protect sea life populations and create a sustainable harvest so hard working people can earn an honest living. Sure that beast was a breeder, but how much longer would it have lived. The fisherman played by the rules up until the last technical point. He did not try to cheat or mis-lead anyone. Therefore it comes down to how this will be ruled. Will be ruled by the letter of the law or the spirit. We all on here are routing for the spirit and give this hard working honest American entrepreneur his payday. I'm afraid that it most likely will go letter of the law.
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Old 11-23-2011, 07:34 AM   #7
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Quote:
Originally Posted by Devildawgjj View Post
Some narrative below (that I agree with) from people that rationalized this event:

So the feds know when a giant tuna is caught in a net but can't stop illegals from entering the country?

Honesty is supposed to be the best policy. Another example of how the ones who worked hard get screwed!

We should throw the government back and keep the fish.

A government big enough to give you everything that you want, is big enough to take away everything that you have- Thomas Jefferson
I totally agree with "we should throw the government back and keep the fish"...I don't believe the "feds' could find their way out of a paper bag, THEY GOT THEIR PRIORITIES ALL WRONG...all the way from the top down to us...
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Old 11-23-2011, 07:33 AM   #8
addicted2sp33d
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Originally Posted by jorluivil View Post
I wouldn't call a snagged fish the catch of a lifetime. It sucks that they took the fish away from him but rules are rules.
So if you somehow (accidentally of course) foul-hook a barn door, or foul-hook a 60-lb YT with a surface iron... and no-one is looking, do you throw it back?

He got all his permits and even called-in his catch with complete honesty. I don't think the malicious intent was there... but you're right. Let's see if DFG does the right thing here.
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Old 11-23-2011, 08:36 AM   #9
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Originally Posted by addicted2sp33d View Post
So if you somehow (accidentally of course) foul-hook a barn door, or foul-hook a 60-lb YT with a surface iron... and no-one is looking, do you throw it back?

He got all his permits and even called-in his catch with complete honesty. I don't think the malicious intent was there... but you're right. Let's see if DFG does the right thing here.

Yes, there is a difference. If I'm fishing for halibut and I 'foul hook' it its a legal catch. Why? Because it was my target species

If I'm hooping for bugs and I get a 15" sculpinin in my net its 'bycatch' and its illegal to keep.

There is a difference between a foul hook and bycatch, this tuna was bycatch.
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Old 11-23-2011, 09:50 AM   #10
addicted2sp33d
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Originally Posted by jorluivil View Post
Yes, there is a difference. If I'm fishing for halibut and I 'foul hook' it its a legal catch. Why? Because it was my target species

If I'm hooping for bugs and I get a 15" sculpinin in my net its 'bycatch' and its illegal to keep.

There is a difference between a foul hook and bycatch, this tuna was bycatch.
I'm not trying to be confrontational here, but I don't think your "Target Species" exemption claim is legal. According to DFG, you're not allowed to keep any fish that does not voluntarily take the bait into its mouth (including foul hooks), regardless of it being your target species or not. I've heard this from Rangers, Conservationists, Game Wardens, you name it. The only exemptions are spearos and maybe some other guys.

Here's the Saltwater Regulations, Chapter 1, Section 1.05: http://nrm.dfg.ca.gov/FileHandler.as...28&inline=true
Excerpt:
1.05. ANgLiNg. To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.

Here's the Freshwater Regulations:
http://dfg.ca.gov/regulations/FreshF...-ch2-art1.html

If you plan to keep a foul hooked barn door, PapaDCh has the right idea. Alternatively, you can call it-in, be completely forthright, and have it confiscated when you hit the beach. As some have mentioned above, this is Letter vs. Spirit... and knowingly or not, your "Target Species" foul hook exemption actually leans toward the Spirit side of enforcement.
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Old 11-23-2011, 11:01 AM   #11
jorluivil
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Quote:
Originally Posted by addicted2sp33d View Post
I'm not trying to be confrontational here, but I don't think your "Target Species" exemption claim is legal. According to DFG, you're not allowed to keep any fish that does not voluntarily take the bait into its mouth (including foul hooks), regardless of it being your target species or not. I've heard this from Rangers, Conservationists, Game Wardens, you name it. The only exemptions are spearos and maybe some other guys.

Here's the Saltwater Regulations, Chapter 1, Section 1.05: http://nrm.dfg.ca.gov/FileHandler.as...28&inline=true
Excerpt:
1.05. ANgLiNg. To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.

Here's the Freshwater Regulations:
http://dfg.ca.gov/regulations/FreshF...-ch2-art1.html

If you plan to keep a foul hooked barn door, PapaDCh has the right idea. Alternatively, you can call it-in, be completely forthright, and have it confiscated when you hit the beach. As some have mentioned above, this is Letter vs. Spirit... and knowingly or not, your "Target Species" foul hook exemption actually leans toward the Spirit side of enforcement.
I'm sure the dfg won't be wasting their time with a 30lb halibut, its not worth $700k. Besides, my hali's ALWAYS hook themselves in the mouth
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