Posted by Melvin on September 18, 2003 at 17:38:38:
In Reply to: Re: Possesion of game in MPA would be illegal posted by Nate on September 18, 2003 at 11:02:06:
If where you launch from in inside the reserve, it could be a problem. The Regulation specifically states POSSESSION in 10500 (c). To look at it from the Govt side, how is fish and game going to know if you are in your boat with fish inside a preserve and you say you took them elsewhere? Simple answer, they don't care. If you have items in the boat that you cannot legally "take" at the boats current location, then they will act as you having taken the game at your current location. In short, it could be trouble.
To quote the regulation:
FISH AND GAME CODE
10500. Except under a permit or specific authorization, it is
(a) To take or possess any bird or mammal, or part thereof, in any
(b) To use or have in possession in a game refuge, any firearm,
bow and arrow, or any trap or other contrivance designed to be, or
capable of being, used to take birds or mammals, or to discharge any
firearm or to release any arrow into any game refuge.
(c) To take or possess any species of fish or amphibia, or part
thereof, in any fish refuge, or to use or have in possession in such
refuge any contrivance designed to be used for catching fish.
(d) To take or possess any bird in, or to discharge any firearm or
to release any arrow within or into, any fowl refuge.
(e) To take or possess any quail in a quail refuge.
(f) To take or possess any invertebrate or specimen of marine
plant life in a marine life refuge.
(g) To take or possess any clam in a clam refuge or to possess in
such a refuge any instrument or apparatus capable of being used to
It is just MHO, but when it comes to fish and game, better safe than sorry. I would suggest asking them in San Diego. They may apply a common sense exemption to the landing (but don't bet the fine on it).
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