CDFG

[wiredantz]

Has anyone ever taken these to court and won...



How did the dfg find a way around the constitution of CA.



Going to have to keep a laminated copy in my kayak, I hate when the come bother me. Then they will probably hassle me, and take my kayak away....


You know how cops act when you get all smart ass with them.... they get the dogs out so they can find probable cause to search your car for being a jerk.

[The pelican]

Originally Posted by wiredantz

Has anyone ever taken these to court and won...



How did the dfg find a way around the constitution of CA.



Going to have to keep a laminated copy in my kayak, I hate when the come bother me. Then they will probably hassle me, and take my kayak away....


You know how cops act when you get all smart ass with them.... they get the dogs out so they can find probable cause to search your car for being a jerk.

Ever had the dogs search your Yak?

[Saba Slayer]

First off it's CDFW now...

Sarge...you are more than welcome to hire a lawyer and spend ALL your money fighting this in court...I guarantee you will spend ALL your money on this and it will not be resolved to your liking.
It's one thing to stand there and spout off about your rights and another to actually be proactive about it and take it to the courts...I've seen you push this constitution idea around for a few years now...and I haven't seen you gain any traction...maybe you should take over a harbor patrol office or a DFW office and encamp there...it would give you a great audience with all the TV and news coverage...!
It's one thing to post on BWE and another to actually do something...I'll tell you this...If I brought this up at the last CCA CAL Government Relations Committee meeting...the boys would have run me out of the room laughing the whole while.
The San Diego and OC chapters could use someone on their GRC committees...maybe you should put your ideas and passion to work somewhere that they can do some good.

Oh Yea...Wiredantz...keeping a copy of the Constitution in your yak and fighting with the DFW LEOs will really cement your relationship with them and I'm sure things will go much smoother with enforcement...GOOD LUCK...maybe not such a good way to try and get out of a ticket or make friends with the LEOs...

Buying a license supports CDFW with the additional funds needed to stay in business...could you imagine the free-for-all on the resource if there was license, no rules, or enforcement...THE LAW OF THE COMMONS...read it and weep...!:roll eyes:
The resource would last one or two years and we'd have a desert out there with nothing but Lizard fish...!

OK...morning political rant over...! Time for some coffee...!

JOIN CCA...we are fighting for your fishing rights thru the system and with national support in Washington...this national support by our lobbyist in DC is important with issues like the potential for BFT to become a endangered species and the Monument Act that wants to make the Tanner and Cortez Banks off limits for fishing....state wide we are also working on the Toxic lead ban...the relaxing on Stripper regs to protect the Salmon (when it's really all about the water flows)...Gill nets and deep set bouy gear with the pacific fishery management council...and on and on...It's a 5 page list of the issues that the CCA CAL GRC is working on...!
PLEASE JOIN AND SUPPORT OUR FISHING RIGHTS...please don't wait until the next battle starts and it's too late to organize...! It's important we fight battles we have a chance to win...look what happened to United Anglers...they are in the process of selling their Signal Hill club house and property to PAY THE LAWYERS FEES ON THE MLPA Battles...!
CCA CAL has only a little over 2000 members...that's pretty pitiful when you look at the number of anglers in So.Cal alone...why the apathy........?

One last thing...Hey Sarge...did you buy a fishing license this year...come on now, please answer and be honest...?

[wiredantz]

If the constitution actually held up, then MLPA would have no ground to stand on.


We had lawyers, money, we had people stand up against the MLPA, yet we lost our rights to fish upon certain state own lands.


The reason that this probably does not hold up in court is because of the loop holes.....

How do you take the rights to fish from the people?.... make it a fish hatchery... ( per the CA constitution)


How do you get people to buy fishing licenses:
Well you have the right to fish, but to keep the fish is a different story...

{Per the CA Constitution Section 25
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.}


The Legislature might of said well if you want to keep the fish you need to have a license as a condition....



United State's law, even worse CA laws are fairly new compared to other countries who have been around for centuries.

When taking said things to court, statues are always getting amended. That's why every year we have new laws and rules to cover the loops holes of the prior laws. it is sad to say but it's the interpretation of the law, and not always in our favor.





I don't know if what i said is actually true or will be held up in court as things might be subjective... just my own interpretation from what i read.


I do know that to take things to court and supreme court, you need time and money...

DFG, or WIlderness whatever... has plenty of time and money... we pay a fishing license fee to DFG/Deparment of taking rights of people.... so they can find loop holes and spend their resources on people standing up against them and protect some fish at the same time.....and they also have different groups of people who pay them donations...


honestly we are outgunned here...



Let say for example:

I fight this thing, and i somehow get the supreme court attention after losing at the lower level courts on this matter... and by some random odd number they do decide to not throw out my case and actually hear it...

They will say, well Mr. Nacho.... you have a right to fish and not pay a fishing license..... but we need a way to pay for control and enforcement....

So then CA Legislature go back to the drawing board.... and now we have a fish tax or something to that matter.....
(is it really worth it then)

either way we are going to get screwed eventually....



just pay the damn fishing license... most kayak fisherman are already broke that is why we fish on plastic bathtubs.


Now if i ever got a ticket... for forgetting my fishing license, you bet your bottom dollar I am taking this court... I will fight tooth and nail... but i have not forgotten my license yet. lol

[Mr_Fixit]

This whole talk of the constitution and court challenges is really interesting. While you guys are talking about all this, you need to keep one thing in mind here.

CA has changed. It is no longer the state of free-thinking intelligent creative artistic ground breaking inventors. It has, in almost all ways, become a socialist state where the government controls as many aspects of our lives as possible no matter what some crusty old Constitution or Judge decided back in another age.

I am going to be good and keep it at that. Otherwise I will sit here all damn morning going on tangents on this topic.

[alanw]

I've been checked on the water with lines out. I've had armed DFW climb into the back of my truck and search through all of my kayak hatches while at the launch ramps.

As far as a license goes, it doesn't matter what the Constitution says. All that matters is that some bureaucrat with a cherry picked lawyer redefined some other statute into a legal opinion that justifies limiting a right as being in the best interest of the government. It's sort of like how you have a Constitutional right to due process, except when the government decides you don't, and can drone kill you without due process because of some lawyers' redefinition or reinterpretation of the laws. Buy a license, be prepared to show your papers, and go fishing.

[Mr_Fixit]

Originally Posted by alanw

I've been checked on the water with lines out. I've had armed DFW climb into the back of my truck and search through all of my kayak hatches while at the launch ramps.

As far as a license goes, it doesn't matter what the Constitution says. All that matters is that some bureaucrat with a cherry picked lawyer redefined some other statute into a legal opinion that justifies limiting a right as being in the best interest of the government. It's sort of like how you have a Constitutional right to due process, except when the government decides you don't, and can drone kill you without due process because of some lawyers' redefinition or reinterpretation of the laws. Buy a license, be prepared to show your papers, and go fishing.

Someone wants to search the inside of my car, kayak, or anything else, they better damn well have a Warrant or some legitimate probable cause.

[alanw]

Originally Posted by Mr_Fixit

Someone wants to search the inside of my car, kayak, or anything else, they better damn well have a Warrant or some legitimate probable cause.

DFW wardens have more power than police. They do not need a warrant to search you or your vehicles.