Owner of dive charter Goby charged with several counts of poaching

[BRT]

My interest in any fishing has been deterred over the last 50 years as the regulations have become more and more complex until I really can't know if I am breaking the law or not. Certainly I wouldn't be able to find a state employee who would sign their name to any interpretation of the regulations. That would require them to take responsibility. At this point I only fish in one small stream, overloaded with small trout that I think are probably unlawful to catch, or at least to keep, or I may just be using the wrong bait or something, or fishing in the wrong section, or catching brookies instead of rainbows or vice versa, or keeping the wrong size or sex, but it has a lot of trees and canyons and not very many stool pigeons like MaxBottomTime and I can eat the evidence. Since I'm probably breaking some law anyhow I don't bother with the license.

Oh, I wasn't ever a boy scout and never turned in any poachers.

 

[red_instead]

To me the taking of several varieties of fish out of season is enough to call him a poacher, let alone the many other charges.

Keep in mind, there are different commercial seasons from recreational seasons. And there is effectively no way to be out of season when you're spearing fish recreationally south of Point Concepcion. I mean, I have no idea what volumes of fish he was harvesting- but to take a fish out of season by spearfishing in southern California you effectively have to have a commercial license so that the commercial season restriction applies to you to begin with.

 

[dytis-sm]

I fail to understand how you can continue to minimize the charges as being careless with details or comparing them to not obeying a posted sign. These are serious charges;
"commercial take of lobster without a permit, commercial take of sea urchin without a permit, illegal take of nearshore fish without a permit, failure to complete and submit records of fish taken under a commercial license, the illegal take of several varieties of fish during the closed commercial season and several other serious charges."

You seem to insist that all DFG violations are the same. Again I will use the example of the speeding ticket and the DUI. Are those the same in seriousness...or acceptance in our community. I would like to see say the same for DFG violations and in this case the word "commercial" in the charges should give you a hint that there were commercial violations which can be tricky to figure out. For example I did not know that although lobster season starts technically on the same day for recreational and commercial fishermen, the commercial fishermen cannot lock the trap doors on their traps until a week has passed... Small detail, big violation and fine! As BRT stated, the regulations are complex and you can easily find yourself on the wrong end of the law...and this is why I suggested that this was not really the DFG "great news" a lot of people believed and the big victory against poachers...

 

[MaxBottomtime]

Keep in mind, there are different commercial seasons from recreational seasons. And there is effectively no way to be out of season when you're spearing fish recreationally south of Point Concepcion. I mean, I have no idea what volumes of fish he was harvesting- but to take a fish out of season by spearfishing in southern California you effectively have to have a commercial license so that the commercial season restriction applies to you to begin with.

Spearing is not a legal form of catch for any season in California. You may not sell any speared fish no matter which license you have.

 

[H2Ocean]

finfalman, haha, when you started with the foil hat thing, hey, and how much you don't care. I'll admit that I kind of over reacted, I should've leardned years ago when nearly everything I posted was a negative thorn in your side. Starting with Dive the Coast thing...It's all good. Continue to name call it's cool. Very unbecoming on your part but what the heck, it's your site too. If you like to "kill" it, for Scubaboard keep up with the circle of friends or style of divers that only appeal to you. Once again and I speak not only of my observations here, many do too and the out come is So Cal Scubaboard forum drastically sucks. But once again take credit for being a part that diminishes interest for a site you use, you certainly do that well. Nobody is whining about anything, only suggesting before you state claims about someone you do not know, you can be more accurate in "name calling." I fell into the trap of calling you a dweeb!! Sorry I don't know you, but wouldn't want to. Calling me a poacher is slander pal. And you better delete this message because you could possible find yourself in front of a Court explaining your reasons. Wanting to get off this site or not visit or use it anymore isn't private information. The owner of this site is concerned, and I understand why he is. I obviously used BOLD type setting to let you know you weren't included in the conversation any longer, if you're having trouble reading I totally understand. So you've labeled quite a bit of divers here on this site that you do not know! Don't waste anymore of my time please even if you still can't figure it out. THIS SITE IS NOT ABOUT TALKING SMACK. IT'S ABOUT DIVING.

---------- Post added August 18th, 2014 at 07:37 PM ----------

Keith Bt thank you!! Your empty seat will give room for a real diver!!

 

[red_instead]

"Calling me a poacher is slander pal. And you better delete this message because you could possible find yourself in front of a Court explaining your reasons."

Actually under every common law system (1) it's not spoken, so it'd be libel, but more importantly (2) things that are not defamatory as a matter of law: statements of opinion and name calling.

If you took him to court over calling you a poacher, which is very obviously at most a statement of opinion and at the least name calling, you would lose. And then you'd very possibly be liable to him for malicious prosecution.

Just sayin'

 

[keithbt]

[QUOTE

---------- Post added August 18th, 2014 at 07:37 PM ----------

Keith Bt thank you!! Your empty seat will give room for a real diver!![/QUOTE]


Wasn't looking to go out on a dingy anyway.

 

[dead dog]

I feel like your points would be more compelling if we weren't talking about commercial fishing licenses. And if you typed coherently.

:nopopo:​

 

[fnfalman]

finfalman, haha, when you started with the foil hat thing, hey, and how much you don't care. I'll admit that I kind of over reacted, I should've leardned years ago when nearly everything I posted was a negative thorn in your side. Starting with Dive the Coast thing...It's all good. Continue to name call it's cool. Very unbecoming on your part but what the heck, it's your site too. If you like to "kill" it, for Scubaboard keep up with the circle of friends or style of divers that only appeal to you. Once again and I speak not only of my observations here, many do too and the out come is So Cal Scubaboard forum drastically sucks. But once again take credit for being a part that diminishes interest for a site you use, you certainly do that well. Nobody is whining about anything, only suggesting before you state claims about someone you do not know, you can be more accurate in "name calling." I fell into the trap of calling you a dweeb!! Sorry I don't know you, but wouldn't want to. Calling me a poacher is slander pal. And you better delete this message because you could possible find yourself in front of a Court explaining your reasons. Wanting to get off this site or not visit or use it anymore isn't private information. The owner of this site is concerned, and I understand why he is. I obviously used BOLD type setting to let you know you weren't included in the conversation any longer, if you're having trouble reading I totally understand. So you've labeled quite a bit of divers here on this site that you do not know! Don't waste anymore of my time please even if you still can't figure it out. THIS SITE IS NOT ABOUT TALKING SMACK. IT'S ABOUT DIVING.

---------- Post added August 18th, 2014 at 07:37 PM ----------

Keith Bt thank you!! Your empty seat will give room for a real diver!!

poacher, poacher pants on fire.

 

[Adam James]

My name is Adam James. Its not right nor fair for you all to judge me so quickly. Last month in July everything was dismissed and I was cleared because i did nothing wrong. I am an a Eagle Scout and I served my country in the Coast Guard. Fish and Game made mistakes so the case was dropped. Please don't judge someone until you know all the facts. My cell phone number is 818-651-4066. Call me if you have questions instead of tearing someone up behind a desk based on one article. You guys really hurt me and I never did a thing to you.

Adam James

---------- Post added August 29th, 2014 at 11:58 PM ----------

That's not exactly the truth. Here's the latest from DFG;

https://cdfgnews.wordpress.com/tag/caltip/

Southern California Man Ordered To Pay $10,000 for Commercial Fishing Violations

JULY 22, 2014

Media Contacts:
Capt. Rebecca Hartman, CDFW Law Enforcement, (310) 678-4864
Janice Mackey, CDFW Communications, (916) 322-8908
A Southern California man was given a stiff fine this week for a series of commercial fishing violations in Los Angeles County.
Adam Crawford James, 32, of Winnetka was sentenced to three years probation and revocation of all California Department of Fish and Wildlife (CDFW) licenses for the duration of his sentence. In addition, he was ordered to pay $7,000 to the Fish and Game Preservation Fund and an additional $3,000 to the city of Santa Monica in fines and penalty assessments.
James pleaded no contest to four Fish and Game Code misdemeanor counts, including the illegal take of fish and invertebrates, the take of sea urchin without a permit, failure to obtain a receiver’s license, selling fish to person not licensed as a fish receiver and failure to pay landing taxes.
In 2013, CDFW wildlife officers received information from the CalTIP hotline that James was attempting to sell commercially caught fish to restaurants without a receiver’s license. In California, commercial fishermen are permitted to sell their catch directly to restaurants provided they have a receiver’s license.
CalTIP (Californians Turn In Poachers and Polluters) is a confidential witness program that encourages the public to provide CDFW with factual information leading to the arrest of poachers and polluters. The toll free telephone number, (888) 334-2258 operates 24 hours a day, seven days a week. Callers may remain anonymous.

---------- Post added July 28th, 2014 at 10:24 AM ----------

I love that the guilty always proclaim their innocence the loudest. From an article about The Lobster restaurant on the Santa Monica Pier;
"Can you tell me about the local divers you use for local seafood? We have two divers – Adam James and Stephanie Mutz. Adam spears Ling Cod, Sheephead, Rockfish, and Seabass, which we turn into a nightly special served with vegetables from our local farmers."
Learning About Lobster With Executive Chef Collin Crannell | Santa Monica Mirror

Selling speared fish is illegal in California.
Can You Sell Fish Caught for Sport?

Maxbottomtime, why dont you call me and find out my side of the story. What did i ever do to you. Get your facts straight. Stop believing everything you read. Stop ripping into peoples lives and destroying there familys reputation based on these biased articles. I am not a Poacher!!!!!!!