ticket for forgetting my fishing license NPH

[easyday]

Originally Posted by momo fish

I hear Cuba has awesome fishing

Cuba does have some awesome fishing I was there for 6 months when I was in the Marine Corps, absolutely massive tarpon. Those things were so easy to catch wish I had a kayak there.

[bubblehide]

Originally Posted by easyday

Cuba does have some awesome fishing I was there for 6 months when I was in the Marine Corps, absolutely massive tarpon. Those things were so easy to catch wish I had a kayak there.

You GITMO guys kill me, you had all the fun.

[bolocop]

Crap, after all the years of paying for a fishing license, I'm yearning for the time DFG actually asks to see the license. Happened near New Year's in the big bay, but they only hit the PB'ers. Maybe it's too risky to pull up to a kayak and ask for a license?

[Dannowar]

it happens....

[Fishin' Magician]

I got stopped a few months back in Newport Harbor. I was fishing by myself and another kayaker paddled over and asked how I was doing and if I'd caught anything. We were just sitting talking and the DFG boat came over and asked to see both of our licenses. He had to dig around for his, fortunately I had mine handy. They checked his, asked to see his drivers license to verify that the fishing license was his and then...., they popped the lid off of his front hatch and checked the inside his kayak! Hadn't expected that one. I sat and waited until they were done with him and then I held up my license for them to see. They just waved at me and said, "Thought that you two were together. Have a nice day." and drove off without checking my license or looking inside my hatch. Not sure what was up with that, but I wasn't asking any questions. I just shrugged and just kept on fishing. Personally, I'm glad that they check as I know that there are a lot of people out there who don't buy a license but take advantage of our fishery. You have to 'pay to play'.

[alanw]

I've had DFG search the hatches in my yak and my cooler even after I had it loaded onto the back of my truck in the parking lot. I should have refused the search now that I think of it. Luckily he didn't hassle me about the empty beer cans in the yak

[jorluivil]

Originally Posted by alanw

I've had DFG search the hatches in my yak and my cooler even after I had it loaded onto the back of my truck in the parking lot. I should have refused the search now that I think of it. Luckily he didn't hassle me about the empty beer cans in the yak

Why would you want to put yourself in a position where they will say they have probable cause? Before you know it the local police show up and start doing a field sobriety check. Is that really worth it?


When I owned a boat I was boarded by the USCG and DFG several times, not once did I refuse a search or did I even think to refuse. As a matter of fact, I always encouraged it and asked them to check whatever they wanted to check. Why? It's quite simple....................I had nothing to hide.

[wiredantz]

Originally Posted by jorluivil

Why would you want to put yourself in a position where they will say they have probable cause? Before you know it the local police show up and start doing a field sobriety check. Is that really worth it?


When I owned a boat I was boarded by the USCG and DFG several times, not once did I refuse a search or did I even think to refuse. As a matter of fact, I always encouraged it and asked them to check whatever they wanted to check. Why? It's quite simple....................I had nothing to hide.

This country gives us rights, we *just do not give up on those rights, if we have the right to exercise them*.


If a cop wants to search my house, you don't say yes go head you say where is the warrant? If a cop wants to search your car, you say where is the warrant.



If you have you rights, then do not give them up.


Although, I don't think you have any rights when your fishing or hunting.

just my 2cents

[bubblehide]

Originally Posted by alanw

... I should have refused the search now that I think of it. L...

Clearly some here do not understand how F&W laws work. But before I get into that, allow me to say this: In grade school we are taught that we are innocent until proven guilty. Although this is true when it comes to most crimes, it is not always true. It is true for crimes against people, traffic laws and such. However, try tell the IRS that THEY must prove that you are guilty, and see how far you get.

So Back to F&G (F&W) regulations/laws. They are Prima Facie laws. Prima facie means the burden of proof falls on the defendant (me or you) to prove that you are not guilty - the State's case is proven by the circumstances. In this case,I am guilty until I can prove my innocence.) So in short if you are or have been fishing, or even look like you have been fishing, i.e., have fishing equipment, then probable cause is not needed to conduct a search. The Warden (not a cop) has the legal right to search you, and your yak, car, equipment... WITHOUT your permission.

Further more, the warden has no obligation to question the fisherman. There is a huge difference here, when a cop questions you, he is attempting to establish guilt. When a Warden questions you, he is trying to eliminate guilt, because the F&W laws already ASSUMES your guilty. So if the Warden happens upon you, out on the water, or loading up, driving down the road going home... the fisherman is guilty until he proves himself innocent. No apparent crime need be suspect, the fact that you appear to have engaged in fishing is enough, under the law. A diligent Warden will take the time to attempt to establish innocence or guilt; however he/she is not obligated to do so; so when they do, it could be viewed as doing the legal hunter/fisherman a favor, of sorts. As such, anyone hunting or fishing assumes the risk, and responsibility of proving themselves innocent.

I am going to repeat myself a bit here:
Prima Facie is why, when a person is, has, or appears to have engaged in hunting or fishing, while out in the field or not, a Warden is not required to obtain a warrant to search. The act of hunting or fishing or appearance of, is sufficient, under the law, and guilt is ASSUMED until no evidence of guilt is obtained. When a Warden asks a hunter of fisherman if they mind him/her searching.... when it is obvious they were hunting or fishing, it is a simply a courtesy. The reason for this is that wildlife has no voice. There are no family or bystanders to file a complaint, unless observed by a person willing to report the crime. These crimes (poaching) are often conducted in out of the way locations, remote locations, or under the cover of night, making reporting unlikely. Thus, our F&W regulations, Prima Facie regulations are prima facie regulations/laws to protect our wildlife from unscrupulous people, and we legal hunters and fisherman have the responsibility to accept the fact that we are guilty until proven innocent.
I get that it's counter intuitive, sine we all have been taught as children, that in the U.S. we are innocent until proven guilty. And, with most of our laws, that is true; but not all.

We do however have the right to remain silent. But this is one area where remaining silent may not be to your benefit when you are presumed guilty to begin with. And, yes, like cops, Wardens ask entrapment questions; just like the last time I got pulled over. The cop asked me, who were you talking to on your cell phone. My response, a suicidal client officer. his next question, do you have a business card. I produced a business card, told him to keep it in case he ever needed it. he laughed and said, have nice day.

[Silbaugh4liberty]

Originally Posted by easyday

Cuba does have some awesome fishing I was there for 6 months when I was in the Marine Corps, absolutely massive tarpon. Those things were so easy to catch wish I had a kayak there.

Nice!! I didn't get into fishing until I got out. Wish I could go back in time, and do some fishing while in Okinawa, or even Thailand and Korea!!

Not too sure I'd want to fish the lake on Taqqaddum?? And the Euphrates was outside the wire!!

Semper Fi