archman:How often do these shenanigans happen in California? I can tell you they occur on a daily basis in the Florida Keys, but the offenders rarely are discovered. Many of these folks have no idea they're shooting an undersized, oversized or protected species. Offenses of this type are directly linked to inadequate consumer education. "Throwing the book" at this demographic isn't particularly useful; it's like kicking a misbehaving puppy. If done excessively, public opinion sometimes backlashes back at the regulatory agencies. Standard penalties suffice for this group.
Now if it turns out this guy is a local and a veteran spearfisherman, prosecution to the full extent of the law most certainly is warranted. Fry his butt, better yet have him perform relevant community service.
I have heard soooooo many stories. There's the spanish family that brought up 240+ Garibaldi for a family picnic. The mexican guys that were fishing somewhere in Torrance and caught a small BSB and a couple dozen Garibaldi (State marine Fish - very protected), the couple at the boat dock who had a jv mako and thought it was some type of tuna, then there's the Philipino skin diver that came up with a dozen Garibaldi on a stringer at Laguna Beach, walked up to the Life Guard and asked him the best way to cook 'em! :11:
I have brought 5 fishing licenses, and have NEVER been given a regulations book. SO many people think that the ocean is up for grabs and don;t even buy licenses. The two guys in torrance only had one license. They thought it was cool if they "shared it."
So funny, and yet WAY too sad...