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08-19-2008, 07:55 PM | #31 |
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Re: Fighting a Leopard Shark for a Halibut
Hey Kelsey, I am on vacation next week and with the exception of Tuesday and Wednesday night have the whole week free. I can meet up with you and Alex for a night dive.
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Thanks, Jeff Sporcich Westminster, Ca. Founding member of Watermens alliance http://www.watermensalliance.com/links.html http://www.facebook.com/#!/pages/Sav...7411340?ref=mf People with integrity do the right thing ~ Not because they think it will change the world ~ But because they refuse to be changed by the world . |
08-19-2008, 10:48 PM | #32 |
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Re: Fighting a Leopard Shark for a Halibut
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08-20-2008, 01:00 AM | #33 | |
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Re: Fighting a Leopard Shark for a Halibut
Quote:
And I'll be ready to pull-a-Chris on any leopard that tries to catch our dinner! BOP!
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08-20-2008, 09:44 AM | #34 |
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Re: Fighting a Leopard Shark for a Halibut
I have had the same thing happen to me with ling cod. They charge up and grap the fish on my stringer, if i am quick enough i can get them.
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08-20-2008, 05:05 PM | #35 | ||
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Re: Fighting a Leopard Shark for a Halibut
Quote:
But I did just send this email to Carrie Wilson (cwilson@dfg.ca.gov). She does the weekly DFG Q & A column in WON. Quote:
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08-20-2008, 05:14 PM | #36 |
twentytwomonk
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Re: Fighting a Leopard Shark for a Halibut
Good call, Bill. Let us know what you get back. I'm really curious to hear what she has to say...
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08-20-2008, 05:21 PM | #37 |
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Re: Fighting a Leopard Shark for a Halibut
I guess we aren't guaranteed an answer. The footer of the column says that she can't personally answer every question, but will select a few to answer in the column each week. Hopefully this question will be interesting and/or unique enough so that it rates a reply.
I've only asked one question in the past, and it did get an answer. |
08-20-2008, 05:28 PM | #38 |
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Re: Fighting a Leopard Shark for a Halibut
I think it's technically illegal to have a short fish that was concatenated by a shark. Sorta like why they have filet length limits so that they can tell if a fish was legal after processing and how certain species can't be filetted until you get back to shore.
If a warden would actually cite you on it is a judgement call on the warden's part, IMO. I think that it'd be a waste to throw a fish like that away but at the same time, it seems like allowing it would open up a loophole for people to keep short fish. I mean, someone could catch a short fish and tear off the back part and then claim that a shark bit it or the props chopped it or something. That said, I hope it would be OK to keep that shark bitten fish because it would be a shame to waste it.
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08-20-2008, 06:34 PM | #39 | |
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Re: Fighting a Leopard Shark for a Halibut
Quote:
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08-21-2008, 06:16 PM | #40 | |
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Re: Fighting a Leopard Shark for a Halibut
OK, I got a prompt reply from Carrie Wilson of the DFG. I guess this is pretty much what I expected. I have to decide whether I want to take my chances on meeting a game warden who had an argument with his wife over his girlfriend the night before.
Quote:
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08-21-2008, 06:39 PM | #41 |
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Re: Fighting a Leopard Shark for a Halibut
Thanks for sending that E-mail Bill, now given that the fish in this case a halibut which would be easy to calculate the length with their body shape it should be simple enough for a field officer to use a measuring device and quickly calculate the length even with a simple drawing of the outline in the sand following the fins countours.
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Thanks, Jeff Sporcich Westminster, Ca. Founding member of Watermens alliance http://www.watermensalliance.com/links.html http://www.facebook.com/#!/pages/Sav...7411340?ref=mf People with integrity do the right thing ~ Not because they think it will change the world ~ But because they refuse to be changed by the world . |
08-21-2008, 07:05 PM | #42 |
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Re: Fighting a Leopard Shark for a Halibut
So in other words, be really freakin' nice to your DFG agent, be as clear with your story as possible, and hope that he's not an asshole and will actually try to draw out the whole shape of the fish..Thanks for the Follow up Bill
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08-25-2008, 07:23 PM | #43 |
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Re: Fighting a Leopard Shark for a Halibut
I just got another email from Carrie Wilson saying she is going to run our question and her answer in WON in a couple of weeks, and changing the answer so that its a bit less ambiguous.
________________________________________________ Hi Bill, I'm going to run this in a couple of weeks. I've worked on the answer a little more since my last response. Here's how it will likely read. I think you'll find it a little less ambiguous. Carrie Answer: This is one of those "letter of the law" vs "spirit of the law" questions. By the letter of the law, if that fish no longer reached the 22 inch minimum length required by law, then t echnically, that fish is no longer legal to possess and the diver/angler could be cited for having a short fish. It is unlawful to possess on any boat or to bring ashore any fish with a minimum size limit that is in such a condition to where it’s size or weight cannot be determined (Fish & Game Code Section 5508.) As far as the spirit of the law goes though, if the game warden could clearly see what had happened and believed the fish started out as being of legal size, it would be up to him/her to decide whether or not to cite for what is now a "shark-shortened" fish, as you put it. This is something that would be entirely up to the discretion of the game warden though. One suggestion if this happens again is to not fillet the fish. Keep the fish whole as evidence to show that the shark bite matches up to the story, and wait to fillet the fish until he gets it home. |
09-11-2008, 06:13 PM | #44 |
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Re: Fighting a Leopard Shark for a Halibut
Full reply to Bills question released today:
California Department of Fish and Game NEWS RELEASE FOR IMMEDIATE RELEASE Sept. 11, 2009 CDFG California Outdoors Q&As: Shark-shortened halibut Contact: Carrie Wilson, DFG Office of Communications, CalOutdoors@dfg.ca.gov Question: A diver friend recently speared a halibut that was clearly legal, but before he could get it to shore, a shark bit off the rear half. What remained was not 22 inches long meeting the minimum size limit. I'm sure this same situation happens to rod and reel fishermen too. Would the diver or fisherman in possession of a shark-shortened fish be cited? It seems a shame to throw away the remains of what was a legal fish, but I want to be clear on the law. I have no desire to be the test case in this area. (Bill M., San Clemente) Answer: This is one of those "letter of the law" vs. "spirit of the law" questions. By the letter of the law, if a fish no longer measures the minimum length required by law, then technically that fish is no longer legal to possess and the diver/angler could be cited for having a short fish. It is unlawful to possess on any boat or to bring ashore any fish with a minimum size limit that is in such a condition to where it's size or weight cannot be determined (Fish and Game Code Section 5508.) As far as the spirit of the law goes, if the Department of Fish and Game (DFG) game warden could clearly see what had happened and believed the fish started out as legal size, it would be up to him/her to decide whether or not to cite for what is now a "shark-shortened" fish, as you put it. This is something that would be entirely up to the discretion of the game warden. One suggestion if this happens again is to not fillet the fish. Keep the fish whole as evidence to show that the shark bite matches up to the story, and wait to fillet the fish until getting it home. The bottom line according to Assistant Chief Rob Allen, if the fish's minimum total length or filet size cannot be determined, then the safest decision would be to let the fish go back to nature. This would not be a waste of fish issue since the fish was supposedly legal when originally taken. If the fish is half-eaten and there is no way to measure the size, the diver/angler could be cited for keeping it. In a situation like this, a fish being returned to the ocean half-eaten would provide food for other organisms, such as crabs and fish. Question: What are the rules as far as prizes that may be awarded for biggest fish contests? How about for biggest buck or turkey contests? (Jim P.) Answer: According to Game Warden A.J. Bolton, under Section 2003 of the Fish and Game Code, no permit is required for game as long as the total of all the prizes awarded does not exceed $500. Bass tournament contests require a permit from the DFG - a type “A” permit may be issued if the prizes exceed $1,000 and a type “B” permit may be issued if the prizes offered total less than $1,000 (CCR T-14 section 230). No permits are required for ocean fish contests. Question: I've heard that this year we will be required to buy a lobster report card. Is this true? Why are they being required and what will we have to do? Answer: Yes, beginning this year Spiny Lobster Report cards are required for every person who fishes for lobsters. This includes persons who are not required to have a California sport fishing license, such as children under the age of 16 or people fishing from a public pier in ocean waters. The card costs $7.90 and may be purchased from all DFG license offices and most independent license agents. Report cards are valid from Jan. 1 through Dec. 31 and must be returned to the DFG no later than Jan. 31 of the following year (therefore, cards bought in 2008 are due back to the DFG by Jan. 31, 2009). The 2008-2009 season runs from Sept. 27 through March 18. Report cards must be carried by hoop netters, and divers must keep it with their fishing license. If a lobster fisherman fills up a card before the current calendar year ends, the card can be returned and a new one purchased. The purpose of the Spiny Lobster Report Card is to allow DFG biologists to find out how many people are fishing for lobster, how long it takes to catch them, how many are being harvested, what type of gear is being used and where they are being caught. With this information, biologists can determine whether the lobster resource is healthy and if current fishing regulations are working correctly. Without fishing regulations, California's marine resources would not remain sustainable and some species might even eventually disappear completely. * * * Carrie Wilson is a marine biologist with the California Department of Fish and Game. Her DFG-related question and answer column appears weekly at www.dfg.ca.gov/QandA/. While she cannot personally answer everyone's questions, she will select a few to answer each week. Please contact her at cwilson@dfg.ca.gov.
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09-11-2008, 06:24 PM | #45 |
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Re: Fighting a Leopard Shark for a Halibut
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