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Thread: The fine for fishing a closed river...yuk

  1. #1
    Join Date
    Apr 2012
    Location
    Pleasanton
    Posts
    44

    Default The fine for fishing a closed river...yuk

    Well, after 20 years fly fishing I finally did it. I screwed up and fished a closed river....the Calaveras. One morning in April I was headed to my usual river but noted the flows were too high so I headed the Calaveras for a quick fish trip below New Hogan Dam. Well after about 30 minutes I heard a noise in the bushes behind me and found the Fish and Game warden watching me. That is when I learned the river was closed. I forgot the river was closed in April thru the end of May. Honest screw up...my bad. Very nice warden. He said he expected to catch a bait caster not a fly fisherman (fly person if you live in Seattle). He said he understood it was a mistake on my part but had a zero tolerance policy. Well the ticket came in the mail for $425! Ouch. I won't make that mistake again. BTW, he did ask for my license and did checked my flies for barbs. I'm marking it down to stupid things I do sometimes and now check the website regulations before I fish. Still smarting from that fine!

  2. #2
    Join Date
    Oct 2005
    Location
    Norcal
    Posts
    909

    Default

    Don't feel bad. My buddy fished the Cal at the wrong time as well. But no ticket as he found out later about the regs.

    Damn, that's a steep fine. Way too much IMHO. Guess they are making up revenue loss on YOU.

    EO

  3. #3
    Join Date
    Nov 2008
    Location
    Fort Bragg
    Posts
    430

    Default

    Magic,
    I appreciate your posting this and I truly appreciate your attitude toward what actually happened and your acceptance of the fact it was your problem and not someone else's.

    Too many times I have read from someone getting "pinched" on a river and having to pay a fine and they are "up in arms" against the F&G, the regulators, the government in general and, of course, the "ridiculous" fines. They seems to forget there is a very good reason for all of those things to be in place once they get caught doing something wrong.

    With your attitude I'd send you $10 toward the fine if you said you needed it. I don't know if there is a one of us that hasn't goofed in one way or another over the years and I would guess that most of the time we "get away" with is because we weren't caught. Simple errors happen and those that own up to their errors are heroes in my book. (I clearly remember my goof up...years ago and, luckily, no fish were injured in my error...)

    Tough lesson but a great response to the lesson. If you need the $10 let me know.

    Bob

  4. #4
    Join Date
    Apr 2012
    Location
    Pleasanton
    Posts
    44

    Default

    Thanks for the note Bob...that made me feel a lot better. I do make my fair share of mistakes. My wife was a lot more upset than the warden.

  5. #5
    Join Date
    Aug 2005
    Location
    PNW
    Posts
    2,934

    Default

    iI was just gonna say, if your not sure if youve made a mistake or not, just ask your wife! O: LOL

    But seriously, great testimony here!

  6. #6
    Join Date
    Dec 2010
    Location
    Garden Valley
    Posts
    1,076

    Default

    Sorry about the fine, that does suck. Have to comment though, that your honest sharing of the whole affair is pretty cool of you. It takes some degree of strength and integrity to openly admit wrongdoing, accidental or not. It's also a healthy reminder for us all to pay a bit closer attention
    Cheers,
    JB

  7. #7
    Join Date
    Jan 2010
    Location
    Oakland
    Posts
    2

    Default

    It happened to me and a friend last year. We went to court, and the fine was reduced to $215 by the judge. Perhaps worth a trip.

  8. #8
    Join Date
    Apr 2007
    Posts
    540

    Default Don't count on it

    Quote Originally Posted by gyro View Post
    It happened to me and a friend last year. We went to court, and the fine was reduced to $215 by the judge. Perhaps worth a trip.
    Don't bet on going to Court and saying something like this and having your fine reduced:

    "I'm guilty - but I think the fine is too much; now will you reduce it please?"

    I've heard of this ploy, it doesn't necessarily work, and I'm not sure it is even legal for the judge to do it. You'll have to find a sympathetic judge who doesn't like fish, fish and game, unfamiliar with/or just plain disregards the statewide fine/penalty schedule (http://www.riverside.courts.ca.gov/uniformbail.pdf)

    IMO, OP is correct in paying the fine. Please don't clog up the Courts. If you are wrong, pay up.

  9. #9
    Join Date
    Aug 2009
    Location
    Truckee, CA.
    Posts
    963

    Default

    Up here, you don't "clog" the courts, because you go last.....
    After the serious stuff, the judge will see you.
    How much patience, do you think he's going to have?
    We all have slipped up a time or two..
    And yes, they have the rules for a reason.
    Wouldn't be any fish in the stream otherwise....
    Twenty % or so goes to the State general fund (not F&G), the rest to the county where the violation occurred.
    I deal with a "Diligent Warden" up here, and I'm heads up because of it.
    But fishing waters other than those I'm familiar with might trip me up too..
    Glad there are honest folks that share their stories.
    I'm not giving up on Humanity just yet....
    Pinch those barbs.......

    Jim

  10. #10
    Join Date
    Apr 2007
    Posts
    540

    Default

    Quote Originally Posted by bigfly View Post
    Up here, you don't "clog" the courts, because you go last.....
    After the serious stuff, the judge will see you.
    How much patience, do you think he's going to have?

    Jim
    At the end of the day...not much. I think there is some discretion to increase the fine beyond the bail amount, if the judge doesn't like your story for being there when you know you are guilty.

    $425 isn't too bad; now, if Sacramento County Sheriff would only issue similar fines to the daily boat speeders on the lower American (its 5 mph, folks), it would make my day - or at least make it quieter.

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