Lobster Trapping Offense

[fish]

My question involves criminal law for the state of: California

Citation:

In November I received a citation from the CA fish and game for 3 short lobster and 1 no lobster report card. The citation were CCR T-14 29.90(c) and CCR T-14 29.90(d). Both were marked infractions, not misdemeanor.

Background:

I was out fishing with my deckhand and family friend. We spent the whole day fishing and came back right before sundown. We were approached by a California Game Warden. He inspected and measured our fish catch. He also checked our fishing licenses. We were all good. He hopped on my boat and asked me if he can inspect the boat. I said OK. I had nothing to worry because I always follow all the fish and game laws and I have nothing to hide. After he went through my bait tank underneath my seat that I used for storage he found 3 short lobsters. They had been in there for several weeks. They were dead, dried and rotted. I was quite surprised and in shock. I did not know they were even in there! We do not use that small compartment beside storing our jackets. The only explanation is they must have gotten there when we helped out a fellow fisherman who was in distress a few weeks back.

Approximately 3 weeks ago, we went out lobstering in the evening. We were about 1 mile from the harbor. It was my deckhand and I on this trip. The ocean was a bit rough, which is a recipe for a successful lobster hunt. While waiting for sundown and dropping out nets, we were approached by another boater with his son, who were also out hooping for lobster. We chatted with them and we both agreed to look out for each other since the ocean was not too friendly. We pulled our first set of 10 lobster nets and we redropped them. The ocean got a little bit more rougher and I made the decision that this will be our last set because I did not feel safe if the swells got any worst. While resting and getting ready to go back to pulling our nets and head home, we get a hail from the other boater that we chatted with earlier. We went over there to see what was wrong. It turns out he lost his steering and has no control over his boat. We made sure he was OK and asked what we could do to help. We even offered to tow him in but he said he already called Sea Tow, a company kind of like triple AAA, but for boats. He was more concerned with his lobster nets and he asked if we can pulled them for him. We agreed because we know how much lobster nets cost. They run about $100 for each setup and he has the legal limit of 10 nets out, which is $1000 worth of gear. Plus it is hazard if he left them out there. We were only 1 mile from the harbor, so we were both concerned that Sea Tow will be out there any minute and the best thing to do is to pull his nets as fast as we could and return them to him. Plus we had our nets to attend too and the seas were not too friendly at the time. We pulled his nets as fast as we could. Anything that looked legal was put into the secondary bait tank that I used for jacket storage. We did not bother to measure them because speed was of the essence. If we did it would have taken us more than twice as long. I did not have bucket to put the other boater's lobster in and I did not want to mix his lobster with my lobster in my bait tank, so I had to resort to the bait tank storage that was under the seat. Leaving them on the boat deck was not a choice because we can accidently step or slip overboard on them because they crawl around. The only sound decision was to put them in the storage under the seat. We get all his nets pulled up and transferred his nets and catch over him, which was quite a feat with the swells. We also advised him that he needs to measure every lobster. I made sure with my deckhand that everything was transferred over to him. I also told and watch him to double checked the storage under my seat that his whole catch transferred over to him. I will admit that I did not of clear view of well he checked the storage under the seat because I had to be at wheel of the boat the whole time. I do not have hydraulic steering on my boat, so if I am not holding the wheel while in gear the boat will spin hard. Apparently my deckhand did not do a thorough search because he missed 3 lobsters.

Basically, we did a good deed and we got screwed. Well pretty much, I got screwed because the game warden gave me the citation. Even though my deckhand admitted that it was his fault and did not want to take the ticket, the game warden gave me the ticket anyways. Probably because it is easier to get the money from the boat owner.

The warden did not even want to hear my explanation. He told me I can explain it to him after he writes the ticket. He clearly knows I was not out lobster because it is impossible to catch them in the daytime. Plus I did not have any lobster nets. I do not even know why he gave me a another citation of no lobster card. I obviously was not out lobstering. And he obviously knows I did not know about the lobster in the storage because they were dried and rotted. He was definitely a rookie warden because he said got the legal limit of rockfish I got was wrong. He told us that the fish, bocaccio is not included the 10 rockfish limit and we can have 2 bocaccio in addition to the 10 rockfish, which is clearly wrong. Plus he did not even ask to hop on my boat he just did it. I think he was out for blood and I was the unlucky one. Even though I knew this, I was very respectful and did not argue with him whatsoever.

I have never received any fish and game violation in my life. I am not saying I am a saint or anything, but I never even received a driving ticket. The only thing tickets I ever received was a parking ticket and fix it ticket for a missing front license plate from a used car my dad just bought. I can't afford a speeding ticket, so I do my best not speed. Why would I even take short lobsters.
I have not taken my boat out since because this citation. This left me feeling pretty bummed. The friendship between my deckhand is also on the rocks because of this incident. All I did was help someone out and I am going to pay for.

I have the feeling that even I was doing a good deed with good faith, I am going to pay up. My state is broke and going to make me pay them with the money I dont have.

I also got a written statement from the boater I helped and a copy of his sea tow that night. I also have my lobster card. I hoping this can aid me in my defense on my court day.

I am have some knowledge about the law and court system from college, but not 100 sure how the system works. Like I said I never had a run in with the law, not even a traffic ticket. So here are my questions:

1. How much am I going to have to pay up? I heard it is going to huge! 800 per lobster is what I hearing.
2. Does the law take into the good deed/good faith thing I did?
3. Should I plea guilty when the court day comes? cause from a technical standpoint I did not have a lobster card and the lobster were on my boat.
4. If the judge offer a reduced sentence, like fishing without a license, which I am told is $500-600 fine, should I take it? I been read some stuff online that they the CA court do this sometimes.
5. If the law take into account the good faith/good deed. Should I plea not guilty and take this to trial and a have jury take a look at this? Maybe a jury of my peers will better understand. Can I request a trial by jury?
6. Can I write to my government about this? Maybe my governor, senator, mayor, or district attorney? Maybe they can pardon me?
7. What is the best way to go at this and what should I expect?

Either the truth will set me free or the axiom is true... "No good deed goes unpunished"

[Mr. Knowitall]

If you want to try to contest the charge I suggest teaming up with a criminal defense lawyer, getting the witness statements in order to prove that you were simply trying to help somebody salvage his gear and not capture lobsters, and see if you can put together a sufficiently compelling case to convince a prosecutor to either dismiss the charge or offer a really good deal. A lawyer can also help you negotiate a plea bargain, even if your defense doesn't pan out, or take the case to trial if that's what you choose to do.

I do not suggest pleading guilty without consulting a lawyer, or at a minimum seeing if the prosecutor is offering any deals. If you plead guilty as charged you will be convicted of the charges against you, and be sentenced accordingly.

You are not eligible for a pardon at this point - you haven't even been convicted of anything. Elected representatives won't be able to do anything for you at this point in time.

(a) Open season: From the Saturday preceding the first Wednesday in October through the first Wednesday after the 15th of March.

(b) Limit: Seven.

(c) Minimum size: Three and one-fourth inches measured in a straight line on the mid-line of the back from the rear edge of the eye socket to the rear edge of the body shell. Any lobster may be brought to the surface of the water for the purpose of measuring, but no undersize lobster may be brought aboard any boat, placed in any type of receiver, kept on the person or retained in any person's possession or under his direct control; all lobsters shall be measured immediately upon being brought to the surface of the water, and any undersize lobster shall be released immediately into the water.

(d) Report Card Required: Any person fishing for or taking spiny lobster shall have in their possession a nontransferable Spiny Lobster Report Card issued by the department and shall adhere to all reporting requirements for lobster defined in Sections 1.74 and 29.91, Title 14, CCR.

(e) Spiny lobsters shall be kept in a whole, measurable condition, until being prepared for immediate consumption.

(a) Unless otherwise provided, the punishment for a violation of this code that is a misdemeanor is a fine of not more than one thousand dollars ($1,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

(b) The punishment for a violation of any of the following provisions is a fine of not more than two thousand dollars ($2,000), imprisonment in the county jail for not more than one year, or both the fine and imprisonment:

(1) Section 1059.

(2) Subdivision (d) of Section 4004.

(3) Section 4600.

(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.

(5) A first violation of Section 8670.

(6) Section 10500.

(7) Unless a greater punishment is otherwise provided, a violation subject to subdivision (a) of Section 12003.1.

(c) Except as specified in Sections 12001 and 12010, the punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

(d)

(1) A license, tag, stamp, reservation, permit, or other entitlement or privilege issued pursuant to this code to a defendant who fails to appear at a court hearing for a violation of this code, or who fails to pay a fine imposed pursuant to this code, shall be immediately suspended or revoked. The license, tag, stamp, reservation, permit, or other entitlement or privilege shall not be reinstated or renewed, and no other license, tag, stamp, reservation, permit, or other entitlement or privilege shall be issued to that person pursuant to this code, until the court proceeding is completed or the fine is paid.

(2) This subdivision does not apply to any violation of Section 1052, 1059, 1170, 5650, 5653.9, 6454, 6650, or 6653.5.