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Topic: JAIL TIME?!?!?  (Read 5060 times)

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Tez

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It's your responsibility to know the rules and follow them.

Period.

Stuff like this, or bringing in short or out of season fish etc just makes all of us look bad.

Sincerely,

Jim

+1


Sin Coast

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Bummer. There is only 1 MPA (Big Creek SMR) along the vast stretch of southern Big Sur coastline, and it is nearly inaccessible from shore unless you scramble down cliffs or trespass across private property. In other words, you have to try really hard to fish/spear within that reserve. At least they weren’t busted with hundreds of abalone or urchin like most of the folks who get cited for poaching down there. They just had fish, so it’s reasonable to believe that it was an honest mistake. I’m just curious where they entered the water—it could be a good lesson for others to know, so they can avoid it.
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Recon

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 I also know these guys. They are smart and honest. I went to college with them in Monterey and I have fished with some of them. I talked to one of them earlier today and I believe they made an honest mistake. Mistakes are often avoidable but we all make them.


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Wait your telling me there normal people who made a mistake, couldn’t be. Sucks to make those mistakes and as long as there truly sorry I see no reason to drag there names in the mud.


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TheKeeneroo

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Bummer. There is only 1 MPA (Big Creek SMR) along the vast stretch of southern Big Sur coastline, and it is nearly inaccessible from shore unless you scramble down cliffs or trespass across private property. In other words, you have to try really hard to fish/spear within that reserve. At least they weren’t busted with hundreds of abalone or urchin like most of the folks who get cited for poaching down there. They just had fish, so it’s reasonable to believe that it was an honest mistake. I’m just curious where they entered the water—it could be a good lesson for others to know, so they can avoid it.

They said it was some small turnout with a tiny trail that went down to the water. Didn't say anything about tresspassing or a crazy hike.

Crazy that almost every paper and news outlet in our county has picked up the story and ran with the same incorrect information about jail time, probation, and huge fines. All of which are not true.
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nita0708

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Hello Everyone,
My name is Nicholas Ta, I am one of the four written in these news articles. I wish I could be meeting you all under better circumstances.

I wanted to reach out to provide our side of the story. It is true that we were fishing in a Marine Protected area (MPA), but there are some portrayals that I wanted to clarify from these articles.

http://californiadiver.com/caltip-leads-to-arrest-of-four-poachers-caught-spearfishing-at-big-sur/
https://www.ksbw.com/article/4-big-sur-fishermen-facing-jail-time/23727316
http://www.montereycountyweekly.com/blogs/news_blog/local-fishermen-sentenced-to-jail-and-fined-for-poaching-fish/article_38499632-cdb2-11e8-a2a7-33b4697f9650.html
https://patch.com/california/watsonville/fisherman-get-jail-time-illegal-poaching-big-creek

We did not premeditate going to Big Creek to spear. What happened is that we didn’t check our regulation book and location. We jumped in thinking it was a new site then informed after by observers that we were within the Big Creek Marine Reserve Area. To explain further…

We wanted to explore Big Sur and see new reefs, we drove over an hour into Big Sur keeping an eye out for turnouts that dipped low to the ocean and did not go through private property. We found one that matched our description and it had a rocky trail that allowed you to get to the shore. Pulling up, we assessed the ocean conditions and found that it was incredibly flat and clear blue. Filled with excitement and without hesitation, we put on our gear and entered the water.

After our session, we returned to our car to find the Research Station Staff waiting for us. They informed us we were in Big Creek Marine Reserve and a Fish and Game Warden is on their way. We felt terrible at this point, taking a good look around, we were down the street from the research station. We apologized trying to explain that we didn’t know we were in Big Creek; that this is an honest mistake, and we weren’t the poachers they’re making us out to be. Duly noted, but intentions aside, we still shot within an MPA and we were left to wait for the Warden. We changed out of our gear and sat by the car for a couple minutes; we found that one of our tires has been deflated. We don’t know who did it, but we had a good guess. Without a spare tire, we were left to make a hard decision. We did not want to leave the scene, but we also do not have any means to get a tow truck to get us out of Big Sur. Our driver, also had work later that day. Talking out plans, we unanimously agreed to leave the scene to patch up the car at the nearest gas station AND wave down the warden when we see them.

Shortly after patching up our tire, we saw the warden, waved hello, and immediately pulled off the road to a large turnout as he was turning on his lights.  He spoke with us one by one: about the incident, why we left the scene, why we were in Big Creek. He understood and said that he could see that we’re sport fishermen in the wrong spot and not scumbags. He let us know that if his investigation concludes that these fish are from Big Creek, there will be charges. At the end he confiscated our fish and cooler. We were then let us go with our equipment, vehicle, and licenses.

Since the event, we have read up immensely to ensure this doesn’t happen again, however we still carry the weight of what we did. Absolutely we should have known better, and I feel terrible knowing I shot in an MPA. Even worse is due to our actions, we leave a negative imprint on the spearfishing community. It was a dumb, honest mistake that cost us a lot. As we are facing our charges, we made moves to help our local diving community to make sure this does not happen to anyone else. Between the four of us, we would host Fish ID/ecology workshops and helping new divers with understanding central CA MPA policies and regions when they come into our stores. Its small gestures, but it’s what we could do. None of us (including our lawyer) predicted that an article would be published. We thought that when Oct 11th comes around, we would pay our fines, do community service move on and be smarter.

The take home message of the story is read your books, make sure you know where you are. It is important to call Cal-tip on poachers, but also figure out where you are, so you aren’t labeled as one after your session.

Thank you Jim for reaching out to me, my delay in posting my side of the story is due to waiting for the courts to settle. We were advised by our lawyer that abrupt defenses could worsen our statement.

Eric, your suggestion of raising money is very noble, thank you, but we are okay, money is temporary. We just ask the community to not label us as malicious poachers. It was a onetime mistake and we want to move forward, being smarter and to help the community. I understand if you harbor a dislike for me after hearing my story, shooting in MPAs is no joke. People invest part to all of their lives defending it-- It’s a huge insult to many communities by shooting in one accidentally or intentionally.

If you have any questions, you are all more than welcome to DM me, or reply here or email me.

Thank you for reading
-Nicholas Ta




Chet

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That's totally understandable. I can totally related to how excited divers are when water is flat and clear.

It's an honest mistake, get over it.
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I know some of the best kayak fisherman that have made the same mistake. Its an honest mistake. Move on. Hope to dive with you guys some day. :smt006
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crash

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Sounds like someone at the research station is friends with some media folk and followed your case. Likely the same person that let the air out of your tires.

You pissed off the wrong person, that’s how the public attention happened.

Don’t dwell on it. Move on and don’t do it again. But you already know that part.
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TheKeeneroo

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Eric, your suggestion of raising money is very noble, thank you, but we are okay, money is temporary. We just ask the community to not label us as malicious poachers. It was a onetime mistake and we want to move forward, being smarter and to help the community. I understand if you harbor a dislike for me after hearing my story, shooting in MPAs is no joke. People invest part to all of their lives defending it-- It’s a huge insult to many communities by shooting in one accidentally or intentionally.

Thank you for reading
-Nicholas Ta

I am VERY HAPPY that you finally did the write up! Great job - solid message and apology. I still think you getting banned from the aquarium is super whack. Let me know if you want me to reach out to any of my contacts there.

Looking forward to diving with you soon, bro! Let's go slay some legal fish!
"The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails." - William Arthur Ward

There's definitely a fish under THIS rock....

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crash

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. I still think you getting banned from the aquarium is super whack.

lol wut.  How did that come about? 

Definitely pissed off the wrong person.
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. I still think you getting banned from the aquarium is super whack.

lol wut.  How did that come about? 

Definitely pissed off the wrong person.

Now we know the secret MPA spot of yours   :smt001

« Last Edit: October 31, 2018, 10:26:38 AM by Cabeza de Martillo »
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BigJim

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Nicholas,

I'm glad you took the time to share the details of what happened and to admit your mistake.

Everyone makes mistakes, and I think it is admirable of you to come forward and be honest with the community about what happened, what you have learned from the experience, and what you have been doing since then.

I have been impressed with your efforts on the Monterey Freedivers FB page to educate and share knowledge with folks about species ID and the rules and regulations for divers here in the area.

Like others have said, don't let this one incident define you or get you down...

I look forward to diving with you in the future!

 :smt006

Sincerely,

Jim

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Sin Coast

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Right on, Nick. Good message. You’re a stand up dude.
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TheKeeneroo

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. I still think you getting banned from the aquarium is super whack.

lol wut.  How did that come about? 

Definitely pissed off the wrong person.

Now we know the secret MPA spot of yours   :smt001



BRO!!! You're blowing up the spot!!! hahahah
"The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails." - William Arthur Ward

There's definitely a fish under THIS rock....

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