Ok fair enough.
I agree but this is what it says on DFAG's webcite
"Fishing Information: There has been a moratorium, which will probably last many years, on landing giant sea bass in California. All fish must be returned alive to the water (fish was returned alive to the water based on the video). Occasionally, fish taken by anglers will "float" (yup, it floated to the surface alright) to the surface as their gas bladders expand. They may be returned by carefully inserting a hypodermic needle through the side of the fish into the gas bladder and allowing the air to escape. Please be aware that it is illegal to take or possess giant sea bass."
http://www.dfg.ca.gov/marine/mspcont9.asp
There are many people who have taken Giant sea bass out of the water and taken pictures and then send it back floating. And to the majority of the anglers its a no no but many do it. If you have a Giant sea bass the consensus is to retrieve line unhook and release fish. It sounds simple enough but we've all encountered a difficult release or two.
No doubt this dude story smells like rotten fish. From the looks of things he new where he was fishing, he used a wire leader and some heavy line. For all we know he might have diver friends that told him theres a spot there that you can catch a giant sea bass.
But based on the DFAG's page he has a shot of getting off the hook from my reading and interpretation of it.
My thing is, this dude no matter how bad he may be, killed 1 giant sea bass. and yes 1 dead sea bass is 1 dead sea bass and he violated the law period, OK. ...
But we would still be catching sea bass today if it was not for the commerical fisheries. Do you really think DFAG was set up to prevent the rod and reel anglers from destroying the fish population and to preserve the fisheries for future? I dont think so but thats just me.
Is the court gona make an example out of this guy? maybe.
My point is everyones panties is getting bunched up for 1 dead giant sea bass when tons of bycatch is killed by commercial guys.
http://www.youtube.com/watch?v=LiT3y...eature=related
http://www.youtube.com/watch?v=ksa6-...eature=related
And the oil thing? there are more animals dieing because of the commercial oil industry to probably killing more fish and other animals for years to come.
DFAG was set up to preserve our wild life for future generations that commercial guys lobbied to restrict rod and reel anglers to certain fishing. They are supposed to prevent people from catching and selling their catch for profit because if they didnt it would hurt the commercial fisheries. if you sold a fish to some one for cheaper then the commercial guys get less of a cut of the profit because that will be one less dead fish for them to make money on.
Any how based on the language of the DFAG web page.
defendant has a good shot of getting off.