October 23, 2014

Question: Is it legal to drop Dungeness crab gear prior to opening day? I’ve heard it’s legal to drop gear the day or night before opening day to let it soak overnight. I looked in the Ocean Sport Fishing Regulations booklet but couldn’t find anything indicating whether this is legal or not. If it is legal, how long before opening day can it be dropped? And how early can it be retrieved? (Fred S.)

Answer: Dungeness crab gear may not be set prior to the recreational fishing season opening date, which this year is Saturday, Nov. 1 at 12:01 a.m. (see California Code of Regulations, Title 14, section 29.85(a) and the definition of take in Fish and Game Code section 86.) Anyone setting gear prior to this date and time may be cited for attempting to take crab out of season.

You CAN deploy Rock Crab gear though cant you? 

Quote from: AlsHobieOutback on October 24, 2014, 09:33:51 AM

You CAN deploy Rock Crab gear though cant you? 

I've never seen a rock crab trap. How do you tell the difference?

Does it matter?  Why even go there?

You'd have no idea if a dungy entered the trap before the starting time.  You may have a hard time convincing those that need convincing that you were fishing for rock crabs unless you kept only rock crabs.

-Allen

Quote from: traildad on October 24, 2014, 09:49:34 AM

Quote from: AlsHobieOutback on October 24, 2014, 09:33:51 AM

You CAN deploy Rock Crab gear though cant you? 

I've never seen a rock crab trap. How do you tell the difference?

Does it matter?  Why even go there?

You'd have no idea if a dungy entered the trap before the starting time.  You may have a hard time convincing those that need convincing that you were fishing for rock crabs unless you kept only rock crabs.

-Allen

Bolded is key. Dropped before midnight?  Don't keep any dungies.

They started targeting those at the launch ramp last year who left on Friday and came to pick it up on Sat. Assumptions were made (vs having hard evidence), but it will be difficult to prove your innocence if you were cited (dropping an empty trap to mark your spot? lol).

Well why not target rock crab?  They are certainly plentiful and are closer to the launch anyway, and are certainly legal to "take".  If I only go out the next day and pull those pots and only pull rock crab from them, then re-deploy (deeper, further) for dungies, that is NOT against the law. 

Just make sure that you bring some of the rock crabs back in case you get checked -- or take video. They should do it properly if they wanted to enforce it instead of assuming that boats who go out w/full gear on Friday are guilty of dropping early. I'm not saying it's right, it's a convenient way for them to hand out citations. 

I was in Long Beach for the spiny opener and was surprised at the number of empty trailers in the lot even before the sun went down (opener was at midnight). Apparently, the rules haven't been enforced there for some time.

Quote from: traildad on October 24, 2014, 09:49:34 AM

Quote from: AlsHobieOutback on October 24, 2014, 09:33:51 AM

You CAN deploy Rock Crab gear though cant you? 

I've never seen a rock crab trap. How do you tell the difference?

Does it matter?  Why even go there?

You'd have no idea if a dungy entered the trap before the starting time.  You may have a hard time convincing those that need convincing that you were fishing for rock crabs unless you kept only rock crabs.

-Allen

I think its a safe bet that if they were watching you drop them early and stayed around to watch you come back in, you better not have anything but rock crabs. Even if you said you pulled and emptied the traps after midnight, you would have a hard time proving it.