Fishing license question

[maxpowers]

To all knowledgeable fishermen out there:

What is the exact definition of "plain view?" I have this question because I know that you are suppose to display your license above the waist in plain view. Now I usually pinned my license to the back of my fishing visor as it allowed me to fish unimpeded. This afternoon, while fishing a dock in NPH, the harbor patrol boat came by and asked everyone for their licenses. Everyone had their licenses although some did not displayed them "plain view." I showed the deputy my visor with my license pinned to the back and he said that technically he could have ticketed me because he can't see the license through my "skull." He proceeded to make everyone pinned or displayed their licenses in the front (chest area). I thought that was a bogus call and would have challenge him on it but thought better about it. Anyway, the fishing was great --lots of huge sargo (3~5 lbs) were landed in the 1.5 hours that I was there.

Mike

[one_leg]

I just hang mine on a lanyard around my neck, easy to see it that way.

But you could clip it to your pocket protector like ghetto dad does.

One_Leg

P.S. that reminds me, ghetto dad where's my license. I think I left it under the seat in your truck.

[maxpowers]

I don't have a problem with displaying my license in the front if that is the definition of "plain view." I used to wear my license on a lanyard too but find that it is very irritating doing so when fishing windy condition hence the pinning of the license to my visor in "plain view." Again my question really is about the threat of a citation by a peace officer who I think is overzealous and narrow-minded in his interpretation of the "plain view" clause. Does the officer has a legal right to compel someone to display the fishing license to the officer's interpretation of the "plain view" clause?

Thanks,

Mike

[ghetto dad]

I don't have a problem with displaying my license in the front if that is the definition of "plain view." I used to wear my license on a lanyard too but find that it is very irritating doing so when fishing windy condition hence the pinning of the license to my visor in "plain view." Again my question really is about the threat of a citation by a peace officer who I think is overzealous and narrow-minded in his interpretation of the "plain view" clause. Does the officer has a legal right to compel someone to display the fishing license to the officer's interpretation of the "plain view" clause?

Thanks,

Mike

plain and simple, if the guy wants to be a di**, he CAN cite you for not having it IN PLAIN VIEW....it has to be in plain view from your waist up.....its the law.....and people have been cited for it.....

[ghetto dad]

I just hang mine on a lanyard around my neck, easy to see it that way.

But you could clip it to your pocket protector like ghetto dad does.

One_Leg

P.S. that reminds me, ghetto dad where's my license. I think I left it under the seat in your truck.

lol...youre hilarious...what license?????

[maxpowers]

So the fact that my license can be viewed from anyone standing within 50 feet on me (it is fluttering near the top of my head) but not by him because he can't see though the front of my head is a violation? Hmmm I think that is about as weak an argument as there is. I think where I had my license is actually in better view than just hanging it on a lanyard in front of me. After all if a peace officer approached me from any angle other than the front, he can't see my "plain view" license if it is around my neck right?

Mike

[ghetto dad]

So the fact that my license can be viewed from anyone standing within 50 feet on me (it is fluttering near the top of my head) but not by him because he can't see though the front of my head is a violation? Hmmm I think that is about as weak an argument as there is. I think where I had my license is actually in better view than just hanging it on a lanyard in front of me. After all if a peace officer approached me from any angle other than the front, he can't see my "plain view" license if it is around my neck right?

Mike
why are you making this so difficult...angles and such...geez, wear it how you want bro...seeing through your head?????? come on.......

[maxpowers]

I am not making this more difficult. I am relaying the exact quote that the harbor patrol deputy which was "If the license is not display somewhere in the front part of your body, ie. chest area, then it is a citation." I wanted to know from people who understand the law and the interpretation of the law which simply stated that the license must be worn at all time, above the waist, on the outer layer of your clothing, plainly visible. No where does it say that it must only be on or about your chest area. Let me ask you this. Would you be upset if this same deputy ticketed you because you pinned a fishing license to the back of your fishing vest? How about if you have a bucket type hat on that have a location for storing your license in plain view? Maybe you need to read my original post again. The deputy clearly said that I could have been ticketed because my license is not in the front part of my body, above the waist.

Peace,

Mike

[Nessie Hunter]

PLAIN VIEW; viewable from a distance, on outer layer of clothing, above the waist..

Acceptable locations (in my opinion):

Outside of any hat (front or back).

Lanyard around neck (outside of clothing, front or back).

Pinned/connected to outer layer of clothing, above the waist, front or back.

What I see is that DFG does a lot of long distance viewing of anglers. The lic & color of it (denotes year) needs to be visible at a distance, or close up, to avoid being approached if not needed..

In plain view, above the waist, does 'not' (IMHO) mean in the front of the body, or it would say so???

Back of hat, or middle of your back (outside of clothing in view) would comply with that regulation, Again IMHO...

I have seen many, many anglers wear it on back of hat or visor. That meets the requirement of *in plain view above the waist*..

I wear mine on a lanyard, and many times, spin it to the back to keep it from smacking me in the face....



.

[IncredibleHuck]

Max, theres gonna be a lot of guys out there getting in to trouble with that DFG warden as I know a lot of people who put it on the back of their hat! That is above the waist and in plain view.

[ghetto dad]

I am not making this more difficult. I am relaying the exact quote that the harbor patrol deputy which was "If the license is not display somewhere in the front part of your body, ie. chest area, then it is a citation." I wanted to know from people who understand the law and the interpretation of the law which simply stated that the license must be worn at all time, above the waist, on the outer layer of your clothing, plainly visible. No where does it say that it must only be on or about your chest area. Let me ask you this. Would you be upset if this same deputy ticketed you because you pinned a fishing license to the back of your fishing vest? How about if you have a bucket type hat on that have a location for storing your license in plain view? Maybe you need to read my original post again. The deputy clearly said that I could have been ticketed because my license is not in the front part of my body, above the waist.

Peace,

Mike

LOL...ok max..sorry bro, bad day yesterday...99%....as long as you have it above your waist, and, for example, NOT IN YOUR WALLET, POCKET, TACKLE BOX, etc, they won't mess with you about it....but there is that 1% chance you can get a ticket if it is not ON YOUR PERSON above your waist....the lanyard is the best way, imo, thats how i use is....on your hat is NOT a good idea, i have seen peoples hat blow off on the boats, with their license on it...bye bye...and ALSO, for everyones info, the receipt (pink part, or carbon copy) is NOT A VALID LICENSE. so if you lose your license, DO NOT THINK that that part will work as a valid license, because its not....you can take that to DFG and get a DUPLICATE LICENSE, for cheaper than having to purchase a full new one..so when you fill out your licenses, make sure to put the carbon in a safe place..you have no idea how many guys keep it with their license.....hope this helps...
GD

[fish4keep]

Max,

Don't even trip about it cause it will never go through court. If his statement is, "I can't see through your skull", can he see it through your body if you're turn around with your license in front???? As long as your license is above your waist on the outside of all clothing it's fine.

[SanDimasLMB]

To all knowledgeable fishermen out there:

What is the exact definition of "plain view?" I have this question because I know that you are suppose to display your license above the waist in plain view. Now I usually pinned my license to the back of my fishing visor as it allowed me to fish unimpeded. This afternoon, while fishing a dock in NPH, the harbor patrol boat came by and asked everyone for their licenses. Everyone had their licenses although some did not displayed them "plain view." I showed the deputy my visor with my license pinned to the back and he said that technically he could have ticketed me because he can't see the license through my "skull." He proceeded to make everyone pinned or displayed their licenses in the front (chest area). I thought that was a bogus call and would have challenge him on it but thought better about it. Anyway, the fishing was great --lots of huge sargo (3~5 lbs) were landed in the 1.5 hours that I was there.

Mike

Plain view is that he can just glance at you and see the license. You don't have to take off you jacket, coat, sweatshirt, etc.

[Fish Dog]

Here's the regulation...


Possession and Display of License
Section 700. (Title 14, California Code of Regulations)
(a) Display of Sport Fishing License: Every person, while engaged in taking any fish,
invertebrate [including mollusks and crustaceans], amphibian, or reptile shall display their valid
sport fishing license by attaching it to their outer clothing at or above the waistline so that it is
plainly visible, except when diving as provided in Section 7145 of the Fish and Game Code.
Persons diving from a boat or shore may have their license on the boat or within 500 yards on
the shore, respectively (see Fish and Game Code Section 7145).

Doesn't specify front or back, just the upper 1/2 of the body ("at or above the waistline"). It does say "so it is plainly visble" so I suppose he might have been interperting it to mean to the front where he could see it from his boat. Kinda weak if you ask me. My defense on that would be I had it hanging off the back of my hat as I was expecting Fish & Game to be coming up from the land out to the pier to check us and that would make it "plainly visble" if you are approched from that side...

[Ambassadorhawg]

I think the "plain view" policy is a violation of our freedom in this country.

We should have the right to keep it on our person anywhere we choose to. I am really suprized that someone or some group hasn't challenged that law and had it overturned. We pay our fees to fish, leave us alone!

Do the law enforcement agents want it in plain site on the fronts of our bodies so that they can be lazy and not have to look too closely?

We pay taxes that employ those guys. And from my experiences, when I am approached, I have been asked to remove my license from it's covering and present it to the officer or warden anyway, in plain site or not. So what does this really accomplish???

AND... I have had more than one Fish & game warden amdit that this is a STUUUUUUPID Law! In fact, those that said this to me also said that they do not even enforce the law.

GREAT!!! Now we have enforcement officers doing their job accurately???

I definately DO NOT always wear my license out in plain site, sometimes I do and sometimes I do not. Only if I am asked to by a boat captain or crew member will I wear it out for the entire trip and when I do, it's on a legnth of dacron hanging from around my neck.

I have actually had a license blow off of my person before while trying to follow this dumb law!!! That's reason enough for me to make my own rules where license display is concerned...

[ymin72]

mike... bad day at work??? j/k :D

thanks for the kind words btw. hope to see fish you soon again.

[Ambassadorhawg]

Yes Mike,

Everyday at work is bad compared to a day out on the water!!!

Let's fish...