Owner of dive charter Goby charged with several counts of poaching

[red_instead]

It keeps coming up how F&G gave Adam bad advice re required licenses- I don't know why it's all that controversial that maybe the people working the counter at Fish&Game don't necessarily know all the regs or have the time to flesh out the details of someone's plan to spearfish commercially (and anyone who deals with clerks at any level of government, or even in private business, know that mistakes happen, especially when there are overlapping layers of regulations that need to be satisfied). Regardless, the commercial licensing regs are readily available online in a pretty detailed booklet published annually by Fish & Game, and there's an old adage along the lines of "trust but verify." He'll know better next time, and I hope he does better.

You see! I told you that if you look closely this woman was "poaching." Also this was not roadkill but a live tuna caught on a shallow area with an "illegal method" . But as a society we pick and choose how to present the news... She was a brave woman that caught a tuna! That is what we wanted to read and believe.

I think that she should get a $5000 fine (a reduced fine since she did not try to sell it) and DFG should confiscate the tuna! LOL

As I recall, fishing without a license is ~$450. I don't think that hands would be considered an illegal method of take, since generally you have to use hands to land fish, and landing fish falls within the definition of "take" for the purposes of the Fish & Game code. We don't have any evidence she isn't in possession of a fishing license. Even if she did not possess one, she is not a repeat offender, and she isn't commercializing game illegally. You'd also have some issues re hearsay, etc, which might preclude a fine or citation.

The roadkill thing is off base for the reason you point out, but additionally, and specifically, it's illegal to pick up roadkill game animals, with out without a license, since cars aren't an approved method of take, and DFG conceptually would have a hard time enforcing (and has a stick up its collective butt about?) laws re take of game by salvage, especially big game like deer (I'm cynical about this because a lot of states will allow you to salvage roadkill deer by use of either a tag in your possession, or a salvage tag obtained by state police/DFG- otherwise, the carcass goes to the glue plant. seems like it'd be plenty easy to identify repeat offenders who were actually targeting deer, as opposed to incidentally taking them, but whatever.)

The whale thing probably isn't regulated or illegal under state law, but frankly, if it were, it'd be a civil penalty, and the state and county and local gov't likely wouldn't do anything about it anyway because it would pretty clearly full under the aegis of their responsibility and they'd get named in the suit. Whatever, it got towed out to sea, nutrients returned to the deep, and we'll probably be eating it two or three trophic levels down when lobster season comes around.

 

[H2Ocean]

I don't know anything about your case, and frankly, I don't particularly care.

However, this is a free forum. If you don't feel like you want to be here, then don't be. Hell, you don't even have to "delete your account". Just leave and never post again and it'd be like the same thing. As far as your claiming maybe the smearing campaign's intention is for you to not posting on SoCal board or Scubaboard.com...please put away your tin foil hat. You ain't that important to the Government for them to conspire to get you off Scubaboard. Seriously.

Finfaly forget it, you missed the point. and you're not even close to the subject. Government Conspiracy, have another cocktail. I really couldn't imagine diving with you, what a dweeb. sorry but I'd get off the boat and swim back!! Awesome looser! I got as much right to be here, It's not my case....pay attention I know it might be difficult between judge judy and next cocktail. But I still wanna give you some slack even if you can't keep up! It's California and don't worry, you can still keep trying to run with the pace, and if not....it's like if you can't dazzle em with brilliance, baffle em with bull****!! Awesome Dude!! Keep being negative, it gives you reason to exist!

---------- Post added August 12th, 2014 at 06:18 PM ----------

I was hoping to get a response from a particular friend here, I value his acquaintance, I see him and dive girl on the water quite often, he dives. I like that. What's so hilarious is that in the case of Law Enforcement practices...Let the policing agencies and Courts, Judges and lawyers do what they are paid to. I can't believe ya'll are still wanting to make someone look bad in the eyes of who doesn't know him, neither do you! You're kicking a dead horse on behalf your perfectness of environmental impacts or beliefs, that you will not address. I was kind of interested in finding out your reasons, and they may be very substantial, of why the micro marinelife environment made it onto your list of "not important enough to live," oh because it matters to me what your answer was....Not you finfalman, please stay out of it!! Hahah! honestly, if your going to be name calling, make sure your back yard and ocean uses are perfect, legal or not. It's ethical. Thanks alot guys, I am a part of So Cal Scuba Divers, the ones that dive. I'll stay here on account of NetDocs website being a public site. I thank him for that. I've only been here for a few years and as I once said, it's slightly embarrassing if a new diver signs up for ScubaBoard and sees the constant negative content that a certain active "small" group chimes in with. As a favor of this site and it's interested divers just here in So Cal, a more cordial approach to post' or links shared whatever, instead of an uptight view of "just what you learned in your way of exploring the ocean." Time's moving on with or without you. Have a good day, Smile!

 

[drbill]

I must admit this case confuses me. Apparently mistakes were made, but were they based on an intent to deceive or act illegally or were they based on misinformation. I know I personally have received misinformation from government agencies and other entities.

However, my first thought when I saw the report elsewhere about the Malibu woman capturing a live tuna was "Did she have a fishing license?"

I stopped fishing and hunting almost 40 years ago (but still enjoy an occasional fish or bug taken legally by friends). I have no problem with legal fishing or other take of game (my son is a spearfisher), I just don't do it myself. Hard to carry a video camera and a speargun at the same time.

 

[fnfalman]

Finfaly forget it, you missed the point. and you're not even close to the subject. Government Conspiracy, have another cocktail. I really couldn't imagine diving with you, what a dweeb. sorry but I'd get off the boat and swim back!! Awesome looser! I got as much right to be here, It's not my case....pay attention I know it might be difficult between judge judy and next cocktail. But I still wanna give you some slack even if you can't keep up! It's California and don't worry, you can still keep trying to run with the pace, and if not....it's like if you can't dazzle em with brilliance, baffle em with bull****!! Awesome Dude!! Keep being negative, it gives you reason to exist!

A true winner here. You're the one that whines about somebody or something that wanted to get you off this board.

---------- Post added August 12th, 2014 at 06:18 PM ----------

I was hoping to get a response from a particular friend here, I value his acquaintance, I see him and dive girl on the water quite often, he dives. I like that. What's so hilarious is that in the case of Law Enforcement practices...Let the policing agencies and Courts, Judges and lawyers do what they are paid to. I can't believe ya'll are still wanting to make someone look bad in the eyes of who doesn't know him, neither do you! You're kicking a dead horse on behalf your perfectness of environmental impacts or beliefs, that you will not address. I was kind of interested in finding out your reasons, and they may be very substantial, of why the micro marinelife environment made it onto your list of "not important enough to live," oh because it matters to me what your answer was....Not you finfalman, please stay out of it!! Hahah! honestly, if your going to be name calling, make sure your back yard and ocean uses are perfect, legal or not. It's ethical. Thanks alot guys, I am a part of So Cal Scuba Divers, the ones that dive. I'll stay here on account of NetDocs website being a public site. I thank him for that. I've only been here for a few years and as I once said, it's slightly embarrassing if a new diver signs up for ScubaBoard and sees the constant negative content that a certain active "small" group chimes in with. As a favor of this site and it's interested divers just here in So Cal, a more cordial approach to post' or links shared whatever, instead of an uptight view of "just what you learned in your way of exploring the ocean." Time's moving on with or without you. Have a good day, Smile!

Sure, whatever you say....poacher.

 

[keithbt]

This adam james guy just keeps diggin himself deeper and deeper...I say we use good old capitalism to shut him up...We dont dive his boat...we report any bad behavior....he'll go away!

 

[red_instead]

This adam james guy just keeps diggin himself deeper and deeper...I say we use good old capitalism to shut him up...We dont dive his boat...we report any bad behavior....he'll go away!

H2Ocean isn't Adam James, just a friend of his who let Adam use his account (I think Adam has his own defunct ScubaBoard Account). I understood what he meant by the "conspiracy" thing to mean that the "anti-spearos" as it were were making ScubaBoard hostile to underwater hunters. Which I don't necessarily believe, but I guess it depends on whose posts you pay attention to (I mean, some of the SeaShepherd fanboys can be pretty loud, but whatever)

And, again, it's really an ancillary issue, with little to no relevance to what Adam did. I get that maybe Adam and H2Ocean think Adam is getting singled out, but I don't think so- the dive community is small and chatty. If you get a reputation for misbehaving, people will know, especially if you run a dive boat operation.

I just don't do it myself. Hard to carry a video camera and a speargun at the same time.

Have you seen those speargun GoPro mounts? I mean, if that's you're only barrier... ;-)

 

[dead dog]

Bottom line, just another way for ALL goverment angency's to raise money for themselfs.
City, County, State, Federal angency's gather more and more money for themself. Not one penny goes to lower licenecy's.

 

[red_instead]

Bottom line, just another way for ALL goverment angency's to raise money for themselfs.
City, County, State, Federal angency's gather more and more money for themself. Not one penny goes to lower licenecy's.

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

 

[dytis-sm]

However, my first thought when I saw the report elsewhere about the Malibu woman capturing a live tuna was "Did she have a fishing license?"

I suppose that it where F&G lacks behind, proper education. People think because it is there you can just have it. There was a time that this is how things worked but not anymore...
I mentioned the story because in the eyes of the law she was a "poacher" too but in luck of information and because she was not a "professional" with a license nobody cared. The only part that Adam may have been guilty is being careless on details. And he is going to pay dearly for it. Crucifying him and calling this case a win against poachers is an overkill.

To me this is a bad sign of how quickly our community runs to attack someone without getting all the facts and leave room for error...

 

[MaxBottomtime]

The only part that Adam may have been guilty is being careless on details. And he is going to pay dearly for it. Crucifying him and calling this case a win against poachers is an overkill.

To me this is a bad sign of how quickly our community runs to attack someone without getting all the facts and leave room for error...

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."

I was also a Boy Scout and have turned in poachers to DFG a few times, but I've never done anything to warrant the types of fines and punishment Adam James did. 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.