I’m reading how two guides got into a tiff while fishing with clients, and in the ensuing festivities one fellow’s wake nearly pitched four clients into some Texas lake, which nets the pissed off wake-throwing guide arrest, jail, and the chance to post bail.
Cruz, released from jail Thursday night on a $1,000 bond, said Martinez “does not like competition.”
That being as it may, and not privy to the facts of the adventure, I’ll not weigh in on guilt nor innocence, other than to suggest for any guide endangering clients is certainly poor form at the least …
But in looking up the legal aspects of the issue, I find that California is one of a couple dozen states with similar statutes.
Cruz, 39, was charged with harassment of hunters, trappers and fisherman, a Class B misdemeanor.
Delving into the issue suggests that in addition to carrying loaded weapons to and from the stream, us anglers can have someone arrested if they interfere with our ability to take game …
CALIFORNIA FISH AND GAME CODE
DIVISION 3. FISH AND GAME GENERALLY
CHAPTER 1. TAKING AND POSSESSING IN GENERAL
2009. (a) A person shall not willfully interfere with the
participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, or trapping at the location where that activity is taking place.
(b) A violation of this section is an infraction punishable by a
fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(c) If any person is convicted of a violation of this section and
the offense occurred within two years of another separate violation of this section which resulted in a conviction, the violation is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(d) This section does not apply to the actions of any peace
officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.
(e) In order to be liable for a violation of this section, the
person is required to have had the specific intent to interfere with the participation of an individual who was engaged in shooting, hunting, fishing, falconry, or trapping.
(f) For purposes of this section, “interfere with” means any
action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.
With all the possible game in both Pristine and urban interfaces, a canny fellow should even be able to ignore most traffic signals between him and any water, simply by carrying a rod in the back seat ..
The not-so-gracious fellow that slips in uninvited to low-hole the pool is preventing us from …
… uh-hum.
As is our spouse when she insists we stay at home and follow up on all the chores we’ve kept at arm’s length …
… her too.
Ditto for the guy in the fly shop that informs us the reel is not on sale and where did we get such a foolish notion in the first place?
As we’ve already invoked law suits and the courts to solve every malady from cavities to child rearing, we’re finally catching up to real responsible adults – who’ve long since given up solving anything on their own.
The next time I see the warden glaring at me menacingly, I’ll scream “MOMMY, he done it …” – then rat out the innocent fellow in the riffle below, whom I don’t like simply because he exists …
Cooool!! The next time I get hassled for harvesting “sea kittens” or some doofus insists on standing in my back cast(catch anything? Yeah dumba%%,I about hooked yer nose…) I have a legal option….Course I live in Washington,but I think our regs have gotta match Kalis….
I’m still firing a warning shot or two above the heads of those PETA fools should they throw rocks in the water I’m fishing…but now I’ll be making a citizen’s arrest as well.
Thanks for the education.
Dear Brother:
Congress never erases anything. There can be no question that you are guilty of arming the natives.