Drone Fishing trip dec 3

[Drone Man]

So the wife gave me the go ahead to have a fishing day. Yes that's right an entire day of well fishing. I'm looking to meet up with someone that has a really good spot picked out, and doesn't mind sharing some knowledge. I'll bring what I have and my drone with the bait dropper system on it http://dronefishing.com/product/phantom-4-bait-dropper/. So let's go slay some fish. Here are some Fishing videos https://drive.google.com/open?id=0B6TstmgNodmtNU4xOHlqT0dRWnc looking to learn land fishing spent a lot of time boat fishing.

[carpanglerdude]

Seen some videos of folks doing the drone fishing thing at the beaches here. The potential is exciting, but losing a $500+ drone in the water is not...good luck!

[DarkShadow]

Seen some videos of folks doing the drone fishing thing at the beaches here. The potential is exciting, but losing a $500+ drone in the water is not...good luck!

That, or meeting someone who isn't too keen on something buzzing above them, when they are trying to enjoy some serenity in the outdoors like this guy here:

https://www.youtube.com/watch?v=cbQi4yr8Ihc

[Theos]

You had better get ready to pay for a fat ticket, it's illegal in California as well as many other states.
Get yourself a longer rod, you don't have to cheat to catch fish here.

[DarkShadow]

You had better get ready to pay for a fat ticket, it's illegal in California as well as many other states.

I researched and couldn't find anything pertaining to utilizing a drone to assist in fishing. I just found regs that makes it illegal to use drones will hunting.

The only statutes I found where:


It is a violation to fly any aircraft, including any airplane or helicopter, less than 1,000 feet above water or land over the Año Nuevo State Reserve, the Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara and San Nicolas Islands, except for rescue operations, in case of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts (Fish and Game Code, section 10501.5).

Federal regulators of the FAA and NOAA also restrict the use of drones. Flying motorized aircraft (except valid law enforcement) is prohibited less than 1000 ft. above any of the four zones of the Monterey Bay National Marine Sanctuary which are listed in Appendix B (Code of Federal Regulations Title 15, section 922.132(a)(6)). Individuals should consult the MPA- specific regulations in section 632 of Title 14 for special restrictions for individual MPAs. There may be additional regulations prohibiting disturbance of nesting and rafting birds offshore that are covered under federal law.

Is there a 'gear restriction' issue in play here?

[etucker1959]

I researched and couldn't find anything pertaining to utilizing a drone to assist in fishing. I just found regs that makes it illegal to use drones will hunting.

The only statutes I found where:



Is there a 'gear restriction' issue in play here?

I normally never say anything on here unless I'm only sure I'm right. lol I could swear I read that question in WON to the lady that answer's the DFG questions. "DON'T TAKE MY WORD FOR IT" Look it up but I thought she said it was ok to do it.

Anybody please post a link to show it's illegal. I've gone on here before with people who got their facts wrong.

[Theos]

I normally never say anything on here unless I'm only sure I'm right. lol I could swear I read that question in WON to the lady that answer's the DFG questions. "DON'T TAKE MY WORD FOR IT" Look it up but I thought she said it was ok to do it.

Anybody please post a link to show it's illegal. I've gone on here before with people who got their facts wrong.

"(C) Shore Based Angling: When angling from shore (includes beaches, banks, piers, jetties,
breakwaters, docks, and other man-made structures connected to the shore), all species may be
taken or possessed year-round (See 27.50(b)(1) for exceptions in the Cowcod Conservation Areas). No
vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these
species while angling from shore under this provision."

It's pretty plain, you have to read the small print.

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=116558

[DarkShadow]

"(C) Shore Based Angling: When angling from shore (includes beaches, banks, piers, jetties,
breakwaters, docks, and other man-made structures connected to the shore), all species may be
taken or possessed year-round (See 27.50(b)(1) for exceptions in the Cowcod Conservation Areas). No
vessel or watercraft (motorized or non-motorized) may be used to assist in taking or possessing these
species while angling from shore under this provision."

It's pretty plain, you have to read the small print.

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=116558

A few thoughts.

1. I don't believe a drone qualifies under the legal definition of a vessel or watercraft.

2. But beyond that, you may have overlooked the "these species" portion of the regulation. It says the regs you posted are only for, well, 'those species:'



(A) Nearshore rockfish, as defined in subsection 1.91(a)(1)
(B) Cabezon
(C) Greenlings of the genus Hexagrammos
(D) California sheephead
(E) Ocean whitefish
(F) Lingcod
(G) Shelf rockfish, as defined in subsection 1.91(a)(3), except bronzespotted rockfish, canary rockfish, cowcod, and yelloweye rockfish which may not be taken or possessed within the Cowcod Conservation Area.

[Theos]

A few thoughts.

1. I don't believe a drone qualifies under the legal definition of a vessel or watercraft.

2. But beyond that, you may have overlooked the "these species" portion of the regulation. It says the regs you posted are only for, well, 'those species:'

No actually you overlooked the groundfish section;
Groundfish are fish that live on, in, or near the bottom of the body of water they inhabit. Some typical saltwater groundfish species are cod, flounder, halibut, and sole.
All fish that inhabit a certain depth are considered groundfish and are managed as such.
So if you must take a risk have at it, better still do it in front of a game warden and get back to me with your results.

[DarkShadow]

...better still do it in front of a game warden and get back to me with your results.

That is a good idea, but because I don't have a drone, or a day off to go fishing today and have a warden stand next to me, the best I could do is place a telephone call to our local warden, Warden Scott Cohen from the DFW, and long convo short, drones are completely legal in the salt.

A few notes:

Drones are not considered vessels nor watercraft. Any language in the DFG regulations that mention 'vessels' or 'watercraft' do not apply to drones.

There are *some* locations where federal law supersedes DFW regulations. For example, you can fish the Channel Islands, but you cannot fly a drone near or above the Channel Islands, because of the federal regulations regarding drones being banned in all national parks, national monuments and national recreation areas. Not because they are banned for fishing.

You can also NOT use a drone to drop bait in excluded areas, like MPAs. So, your vessel cannot be outside the MPA, and cannot have a drone drop bait inside the restricted area. Again, this is not because drones are banned for fishing. This is because fishing itself is banned in the MPAs.

Species restrictions also doesn't mean drone restrictions, and Warden Cohen said that 27.50 is a "species" centered law, an inclusive restriction on our annual rockfish closure. (Also, a halibut is not a ground fish by the definition of section 1.91 of the regulations. )

For example, you cannot use a drone to assist in the catching of a great white shark. Not because of the drone, but because of the actual targeting of the great white shark which is illegal by federal regulations.

So there you have it.

I was going to record the convo and just post that to make it easier, but everyone knows that it is illegal to do so in California without Warden Cohen's permission.

I'll be following this up with a formal email confirmation from the DFW that I'm hoping to get soon.

[etucker1959]

You had better get ready to pay for a fat ticket, it's illegal in California as well as many other states.
Get yourself a longer rod, you don't have to cheat to catch fish here.

Now that Perry (Darkshadow) Mason broke the case and proving beyond a reasonable doubt that drones can be legal under certain circumstances to aid in fishing.

Where do you get your information?????? You seem to pull stuff out of the air and then stand there with a straight face thinking you're right!!! That reminds me of someone kinda special. I know you sound like Donald Trump!!!! He pulls stuff out of his Arse all the time and then swears it's true. Did you graduate from Trump University???? If you did that explains a lot!!!!!!

[Theos]

Now that Perry (Darkshadow) Mason broke the case and proving beyond a reasonable doubt that drones can be legal under certain circumstances to aid in fishing.

Where do you get your information?????? You seem to pull stuff out of the air and then stand there with a straight face thinking you're right!!! That reminds me of someone kinda special. I know you sound like Donald Trump!!!! He pulls stuff out of his Arse all the time and then swears it's true. Did you graduate from Trump University???? If you did that explains a lot!!!!!!

You must be looking in the mirror, I called the enforcement division today, numerous persons said it was ILLEGAL. It took a while to get them because they are so "busy". Don't feel bad many people can't read the regulations correctly because they want an excuse to do their own thing, you're obviously one of those as well as a cry baby and self loathing because you bring up Trump. You self loathing types are funny because you hate those that are more successful than yourselves.Trump has nothing to do with this issue, the issue is using motorized vessels from shore to target ground fish which is illegal. Now get out of my face loser.

[DarkShadow]

So rather than admit that you grossly misread the regulation, you've chosen to double-down and cite anonymous 'enforcement' officials. Given the fact that a DFW warden called ME (not the other way around) and confirmed the absurdity of your claim, we have no choice but to consider your alleged conversation the same as your legal misinterpretation - a fabrication of your mind

Great.

[Lady Quagga]

https://s29.postimg.org/v1x192onb/theoooooo2.gif

[twin22s]

If you did not know already shore based angling/diving does not have the same seasonal closures as other forms of fishing.
IE you can keep a sheephead caught from shore even during the Jan-Feb closure.

The reg quoted here is specifically referring to the shore angling exemption to seasonal closures, so even if "vessel" included drones it would only prevent you from taking species out of season because you would no longer be considered a shore angler. like if you carry your bait out with a kayak, or use a boat to land the fish you hooked from shore.

So assuming this includes drones (which i do not believe it does). This only prevents take of out of season fish because you are no longer considered a "shore angler" if using a drone to assist you.

I'm with DS on the issue, There is no regulation barring you from using a drone so long as it is legal to fly a drone and fish in the area you are drone fishing.

[DarkShadow]

I'm with DS on the issue, There is no regulation barring you from using a drone so long as it is legal to fly a drone and fish in the area you are drone fishing.

The thing is, there isn't a 'side' to take on the issue.

As the thread progressed, a question was asked in regards to legality, and I never took a side, but simply reached out to our friendly DFW wardens, and got the information needed straight from the source. What I wrote is confirmation from DFW. So, if you're with ME on the issue, you're really on board on agreeing on how the law is written, and what the DFW wardens have confirmed and have interpreted as law.

What does concern me is the fact that individuals are disseminating fake information without any care in the world, and then doubling down on those assertions using 'unknown' sources. Then again, considering what happened in our last election, the dissemination of fake information is something we have to get used to from here on out.

Let's just hope we have responsible individuals that check sources and make appropriate phone calls before believing what is written online.

[etucker1959]

The thing is, there isn't a 'side' to take on the issue.

As the thread progressed, a question was asked in regards to legality, and I never took a side, but simply reached out to our friendly DFW wardens, and got the information needed straight from the source. What I wrote is confirmation from DFW. So, if you're with ME on the issue, you're really on board on agreeing on how the law is written, and what the DFW wardens have confirmed and have interpreted as law.

What does concern me is the fact that individuals are disseminating fake information without any care in the world, and then doubling down on those assertions using 'unknown' sources. Then again, considering what happened in our last election, the dissemination of fake information is something we have to get used to from here on out.

Let's just hope we have responsible individuals that check sources and make appropriate phone calls before believing what is written online.

That was very well written!!!! I sorta roughed up the guy because on a different thread he gave the same kind of response. (Do it in front of a warden and see what happens???) I too called the DFW for clarification and found out the same individual misinterpreted the meaning of the regulation.

I threw in the Trump stuff because he's in the GD section cheering on Trump. (I would never bother a civilian with political stuff in the fishing section unless he was a player) What your saying about FAKE news is scary!!!! People have shown they will act on it as demonstrated by the pizza incident. It sure doesn't help OUR President elect is setting a terrible example by lying all the time. He's been vetted as the biggest lier in history as a Presidential candidate. (that is true)

Maybe I took my frustrations out on this guy. So hopefully Trump isn't as bad as Michael Moore fears he will be!!!!! lol But I do hear a lot of wrong information when I'm out fishing. If you don't believe that, "I've got an experiment for you." Next time you go Trout fishing in a Regional Park. Open a can of corn and leave it by your poles and pretend your using it for bait. See how many people come up to you and tell you it's an illegal bait!!! (It's not in a Regional Park)

[DarkShadow]

Open a can of corn and leave it by your poles and pretend your using it for bait. See how many people come up to you and tell you it's an illegal bait!!!


Illegal?

How else am I supposed to catch a carp?

[DarkShadow]

So the "enforcement division" called me today and let me know that there isn't an 'enforcement division,' but wardens who are versed in the law.

Regardless, drones can still be used in the salt.

Hopefully we get a redaction from the individual who claimed otherwise. (But I doubt it)