Posted by Dave on June 09, 2005 at 18:40:23:
In Reply to: Re: Can I catch and release lobster out of season? posted by Todd on June 09, 2005 at 16:34:09:
The CCR's use the term "take" as I recall....gabbing a lobster is not "taking" it.
As to a snare, the burden of proof would be on DFG to testify that you not only "took" game out of season, but that you used a snare to do so.
Now these courts are usually kangaroo courts that seem to think you are guilty unless you prove yourself innocent via 3 different forms of video tapes, and they seem to think Constitutional provisions don't apply to them, only laws apply to you....so tread water carefully and be prepared for them to grossly violate the law while trying to hold you accountable to the law.....if they cite you and you are not truly taking game, only practicing and thus not violating the spirit fo the law, then the easiest way to defeat such crimes against your rights is to ignore the citation, let it go to warrant, then after 1 year, move to dismiss under the grounds of a lack of prosecution under the authority of Penal Code Section 1382 and the People v Rost.
Oh, and it is perfectly legal to take lobsters with hoops nets, you aren't limited to just using your hands.
Lastly, if I thought grabbing a lobster would cause it to molt, if it were pregnant, then I would think anyone causing such should be beaten....but then again I think really poorly of anyone taking female lobsters in season of size that are carrying eggs even though legal...that is just flat out wrong.....