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Key phrase: TRANSIT


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Posted by Ken Kurtis on August 27, 2008 at 16:32:19:

In Reply to: That's not how I read this? posted by Scubabum on August 26, 2008 at 15:13:55:

My recollection of the discussions we've had about this during the MLPA process (and it's really a sticky issue) is that you can TRANSIT through an MPA with catch on board as long as fishing geared is stowed (the statute says not-in-the-water but obvioulsy not-in-use-and-stowed-away is the intent).

But once you anchor, the logic is: How does anyone know where you got the game from? It may seem unfair, but it's certainly clear-cut.

From a diving standpoint where game is being taken, it means visit the MPA areas FIRST. That way - unless you're illegally taking game from them - it's not an issue. (Boats that are strictly fishing have no need/interest in going into an MPA so this part of it will mainly be a diving concern.)

And since part of the deal with getting a fiashing/hunting license (this applies to the hunters as well as the boat captains) is that you have to know the laws - even the ones you don't agree with or like - and it's up to you to understand how to hunt properly/legally.

Anal nit-picky point: We're getting MLPA and MPA confused.

MLPA - Marine Life Protection Act (good article in September CDN about it). This is the legislative act, passed in 1999, that mandates the establishment of a network of marine reserves throughout state-controlled waters.

MPA - Marine Protected Area. This is the specific area that is designated with the accompnaying restrictions.

- Ken
---------------------
Ken Kurtis
Owner, Reef Seekers Dive Co.
Beverly Hills, CA 90213
www.reefseekers.com



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