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Author Topic:   $35,000 fine for fishing in Marine Sanctuary near Bodega Bay
WT posted 07-16-2010 11:21 AM ET (US)   Profile for WT   Send Email to WT  
2010 established many new marine sanctuaries around Northern California waters. My fishing grounds out of Bodega Bay had more than 10 miles of coastline now protected as marine sanctuaries.

I had no idea that fines could total upwards to $35,000.

"Bolinas fisherman Josh Churchman, faced with a $35,786 fine for allegedly fishing in a protected area, pleaded his case to an administrative law judge this week at the Alameda Coast Guard Station."

http://www.marinij.com/westmarin/ci_15519691

Warren

WT posted 07-16-2010 11:46 AM ET (US)     Profile for WT  Send Email to WT     
"Churchman, named volunteer of the year in 2009 by the National Marine Sanctuary Foundation, has been accused of fishing in waters in the Cordell Bank Marine Sanctuary."

http://mapsof.net/uploads/static-maps/cordell_bank_nms_map.jpg

Anyway, a $35,000 ticket would have ruined my day....

Warren

elaelap posted 07-16-2010 12:15 PM ET (US)     Profile for elaelap  Send Email to elaelap     
Y I K E S ! ! partner. I know you've seen the two-page single-spaced tiny font regs listing the lat/long numbers re closed areas. The new regs would be fairly simple to comply with if they had just closed one or two contiguous stretches of the coastline, but parceling out the bits and pieces of protected locations makes it real tough to figure out what's happening, even if one is acting with reasonable care. A functioning GPS chartplotter is absolutely essential, as is a strong pair of reading glasses. More fun and games...hope the regs actually succeed in doing something beneficial for the fish.

Tony

contender posted 07-16-2010 02:33 PM ET (US)     Profile for contender  Send Email to contender     
def. of fishing is to catch fish. If he did not catch fish, or caught and released the fish would he be fishing?
Chuck Tribolet posted 07-16-2010 02:44 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
The Cordell Bank National Marine Sanctuary isn't new at all.
And if it's like the Monterey Bay National Marine Sanctuary,
fishing isn't restricted much by the Sanctuary.

As far as the new California state marine protected areas,
I'm working on an electronic chart that can be loaded into
Garmin GPSs. It's a transparent layer on top of your
nautical chart. I've got two remaining problems:

- In spite of promises from DFG's deputy director Sonke
Mastrup, I've been unable to get the GIS shape files that
describe the MPAs. I've made then for some areas myself,
but that's a ton of work and "unofficial".

- The current install process requires a registry hack in
Windows. Doing it wrong could leave your system catatonic.
I need to build a bullet-proof (Tony-proof? ;-) install
process.


Chuck

Fishcop posted 07-16-2010 03:18 PM ET (US)     Profile for Fishcop  Send Email to Fishcop     
National Marine Sanctuaries Link

http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Groundfish-Closed-Areas/Index.cfm#CP_JUMP_30284

California State Marine Protected Areas Link

http://www.dfg.ca.gov/mlpa/pdfs/nccmpas_brochure_highres.pdf

Chuck,

Let me know how the overlay goes.

Andy


WT posted 07-16-2010 04:46 PM ET (US)     Profile for WT  Send Email to WT     
All I did was enter the four GPS points of each new marine sanctuary on my chart plotter.

I found that it's pretty easy to drift into sanctuary waters if you are not paying attention. I will give myself a lot more room for mistakes, next time out.

An exact shaded/colored overlay would be very helpful.

Warren

irishcreamer posted 07-16-2010 04:59 PM ET (US)     Profile for irishcreamer  Send Email to irishcreamer     
Way cool, Chuck.

Any chance you are running a Garmin...?

Chuck Tribolet posted 07-16-2010 05:10 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Yes, I'm running an old Garmin 162. It may be possible to
do the same thing for other brands. And some recent
chartplotters can load Google Earth KML and KMZ files. If
somebody has one, I can provide KML files as that's the first
step in creating the Garmin overlay charts.

Another thing you can do is to create a "named track" and
and tell the chartplotter to display it. I did that a while
back for the Monterey MPAs, but you need to know what kind
each MPA is and you have to know which side of the line the
MPA lies on. With the chart overlay, they will be color
coded (reserves (NO take) red, etc) and have comb teeth that
point into the MPA.


Chuck

elaelap posted 07-16-2010 05:10 PM ET (US)     Profile for elaelap  Send Email to elaelap     
"I need to build a bullet-proof (Tony-proof? ;-) install
process."

Heh, heh, Chuck. You've got that right, but good luck. I still need to get help from my daughter or son to stop the G-D digital time signal from flashing '12:00' on my ancient DVD player every time I want to use it.

Yeah, I sure hope you or someone else can come up with an easily-loaded overlay which will work on all the different charts. I'm using a very nice but older Lowrance combo chartplotter/sounder which came along with my "new" 1983 Montauk, and I sure don't want to have to spend more time staring at it and at the published regs figuring out whether I'm legal, than fishing. An overlay such as described by Warren would be great, as would a large chart of our local area with clearly-delineated protected areas and GPS numbers, which we could laminate and keep on board.

Tony

diveorfish posted 07-16-2010 06:18 PM ET (US)     Profile for diveorfish  Send Email to diveorfish     
The Coast side fishing club has a e-chart card that has all kinds of bathymetric plus many other fisherman friendly pieces of information.

I wonder if it has all the MPLA areas marked on it. I am going to buy that card and find out. I need a new card anyway.

contender posted 07-16-2010 07:58 PM ET (US)     Profile for contender  Send Email to contender     
elapale: A piece of black electrical tape does wonders
elaelap posted 07-16-2010 08:44 PM ET (US)     Profile for elaelap  Send Email to elaelap     
Great idea, contender. Now tell me how to put new phone numbers and names in my cell phone directory without having my kids do it for me.

Tony

Chuck Tribolet posted 07-16-2010 08:58 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
I got an installer running this afternoon. I need to write
a license document and a README file that basically say
"Use, but if you get busted for poaching, it's not my
responsibility."

Tony: The document you want today is
http://www.dfg.ca.gov/mlpa/pdfs/nccmpas/nccmpas_guide.pdf
and they are working a brochure for each MPA that has, in
English what you can and cannot do, and discusses eyeball
markers for the boundaries.


Chuck

elaelap posted 07-16-2010 11:11 PM ET (US)     Profile for elaelap  Send Email to elaelap     
You the man, Chuck. Thanks.

Tony

Fishmore posted 07-17-2010 02:47 AM ET (US)     Profile for Fishmore  Send Email to Fishmore     
Coastside c-Map chip from Jeppesen Marine info...

Available for all plotters capable of using C_Map MAX or NT+

"California MPAs: All Marine Protection Areas as of May 2010 are outlined by a border of Red inverted "T" symbols."

For more info:

http://www.jeppesen.com/documents/marine/light-marine/newsletters/ cfc-promo.pdf

diveorfish posted 07-17-2010 01:39 PM ET (US)     Profile for diveorfish  Send Email to diveorfish     
Thanks for the details Fishmore. That card looks to be the ticket for our area. Sure wouldn't want to be fined $35,000.
Chuck Tribolet posted 07-18-2010 12:10 AM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
The ticket provided your chartplotter takes that cartography.


Chuck

WT posted 07-18-2010 12:59 AM ET (US)     Profile for WT  Send Email to WT     
I called Garmin customer support last Friday and the tech said they were working on getting MLPA data on their G2 chips. He had thought they already had it but upon inspection of a current chip, the information was not yet displayed.

I will call Navionics on Monday to see if their chips will soon incorporate the MLPA areas.

Warren

Nantucket Sleighride posted 07-18-2010 10:59 AM ET (US)     Profile for Nantucket Sleighride  Send Email to Nantucket Sleighride     
I have installed Garmin Gps Chartplotters on all of my Whalers.
Until recently Garmin did not include MPA's on their "Blue Chart" data cards.

A Garmin tech support rep informed me that they scanned NOAA charts for the data that was displayed on the chartplotter and MPA's were not on those charts.

With the Garmin 400 & 500 series of chartplotters the boarders of the MPA areas are now preloaded on to the charts.

One of the problems that anglers, like myself, must consider is that the MPA's change frequently.
New areas are being designated and the coordinates of some pre-existing MPA's change.

In the waters off of Santa Barbara the Channel Islands series of MPA's were modified extending them from State waters out to Federal waters.
In addition they added an MPA between Santa Cruz Island and Anacapa Island. This new MPA is an area called "The Foot Print".

To insure that I do not wander in to one of these protected areas with a fishing rod in my hand I check the DFG website the night before a fishing trip.
If any changes have taken place I create a route on my GPS with those MPA coordinates.

Tight lines

Bill


Sal DiMercurio posted 07-18-2010 11:28 AM ET (US)     Profile for Sal DiMercurio  Send Email to Sal DiMercurio     
If you belong to Coastside fishing club, you can get the up to the moment chip for $79.00 from Jeppesen.
If not a member, just go to ....US-club@jeppesen.com for $89.00
It's a very complete chip.
Sal
WT posted 07-18-2010 01:41 PM ET (US)     Profile for WT  Send Email to WT     
A friend of mine says instead of paying the $35,000 fine, the guy might look into taking the jail time. He would get free room and board via the State of California.

If it were me, I'd also get all my teeth fixed, a heart transplant and get a makeover by pumping some iron. :-)

Warren

pcrussell50 posted 07-19-2010 12:54 AM ET (US)     Profile for pcrussell50  Send Email to pcrussell50     
Extreme overreaction by regulatory authorities, perchance? I know the government coffers are a little low these days. Maybe raise some government employee retirement ages up out of the 40's and into the 50's? At least until some kind of economic turnaround?

-Peter

WT posted 07-19-2010 12:04 PM ET (US)     Profile for WT  Send Email to WT     
Navionics is working on incorporating NPA data onto their charts. So far they are working on the Channel Islands area and not Northern California.

Navionics chart data is usually updated in January so we will probably have to wait until then.

Warren

Chuck Tribolet posted 07-19-2010 03:13 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Anybody want to try my charts for Garmin? At present they
only include some of the Central Coast and North Central Coast
MPAs, and in most cases the detail along the coastline and at
the three-mile limit of state waters is highly simplified
(like a straight line between the points where the MPA goes
ashore or gets to the three-mile limit.

There are two pieces to the testing: Firstly to see of they
install on Windows and show up in Garmin MapSource. For
that I'm looking for folks that have Mapsource and are
reasonably Windows-competent. You don't have to be a guru,
but must be comfortable about installing Windows software.
I'm looking for a variety of Windows platforms. I've tried
it on Windows XP 32-bit, and the installer package purports to
also support Vists 32 and 64 and Windows 7 32 and 64.

The second piece is try downloading to your chartplotter.
I want to very slowly on that with some home work on each
plotter type. For this I need someone who is comfortable
downloading Garmin BlueCharts already.

Chuck

Chuck Tribolet posted 07-19-2010 03:46 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
BTW, the reason there aren't just two big MPAs is to allow the
MPAs to populate the regions in between. The MLPA Science
Advisory Council set minimum and maximum distances between
contiguous groups of MPAs, and the proposals were scored
against that, and a number of other criteria (variety of
habitat, etc.), then there was a whole lot of politicken.


Chuck

Chuck Tribolet posted 07-19-2010 04:11 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
I just checked the regs for the Cordell Bank NMS, and about
the only thing they prohibit is drilling for oil and gas,
messing with birds, turtles, and mammals, and invert take
off the bottom (e.g., crabbing, spot prawns, etc.) I wonder
what this guy was doing.


Chuck

Fishmore posted 07-20-2010 02:49 AM ET (US)     Profile for Fishmore  Send Email to Fishmore     
For those that are interested.

Chart of plotters capable of using C_Map MAX or NT+

http://lib.store.yahoo.net/lib/landfallnav/CMapCompatibility.pdf

WT posted 07-20-2010 11:03 AM ET (US)     Profile for WT  Send Email to WT     
Garmin has MPA boundries on their G2 maps. Here's an example:

http://img.photobucket.com/albums/v665/warrent/G2.jpg

Warren

WT posted 07-20-2010 11:28 AM ET (US)     Profile for WT  Send Email to WT     
This chip was just released yesterday and available through Garmin direct.

Make sure if you upgrade chips to get version 12 or 2010.5.

Warren

towboater posted 07-20-2010 12:11 PM ET (US)     Profile for towboater  Send Email to towboater     
I provide Tug/Barge for fireworks on the Columbia River each year, past 10 years. USCG requires 600 ft perimeter...IMO, similar to plots of restricted Marine areas.

Year 2, County Marine enforcement busted 3 different boat operators with DWI's (fishing in restricted area equivalent?). Im not defending drinking, the reason County had reason to go alonside the boats in the first place is to enforce the unmarked perimeter and conflict came of it.

Following year I personally laid out buoy's on each corner of the perimeter...NO INCIDENTS. nothing.
Since then, USCG Aux has been anchoring a boat with revolving yellow light on each end and everything goes S M O O T H.

Im saying, great of all you guys to plot, but, what about those who dont? Is the time coming a GPS plotter is going to become REQUIRED...same as a fire extinguisher?

If US Dept of Fish and Wildlife (FWS) does not display a no trespassing sign on the perimeter of their Refuges and one day you explore, are you guilty of trespassing on public property? Yeah, I know, pushing things here, but, what about Warren who wants to fish near it?

Columbia River has a salmon season fishery called BUOY 10.
Which is basically the confluence of the river and bar.
For years, the red buoy 10 was the only reference point on the FWS Fishing Rules and there were CONSTANT disputes hassles, conflicts. Then, FWS anchored out a yellow can 1/4 mile north out of harms way that is a nobrainer reference point. Again, the situation was completely, totally resolved.

You guys have a good case to ask for BUOY'S. Big can and chain is one thing...Geez, a cluster of white crab buoys would do the trick.

WT posted 07-20-2010 12:14 PM ET (US)     Profile for WT  Send Email to WT     
I just ordered my new Garmin US West G2 chip which outlines all the new Marine Protected Areas (MPA). Cost is $160.75 before shipping and state tax.

Warren

WT posted 07-20-2010 12:19 PM ET (US)     Profile for WT  Send Email to WT     
towboater:

The fishing/boating regulations are starting to mirror our tax code in complexity. Like a CPA, cartographers are going to be in demand.

Warren

towboater posted 07-20-2010 12:20 PM ET (US)     Profile for towboater  Send Email to towboater     
BTW, ocean salmon fishing yesterday near mouth of Columbia and a hump back whale surfaced 50 ft from the boat. That thing was bigger than a elephant. Just amazing.

3 poles, 4 bright kings, 1 silver, all day.
Season is just getting started.

mkj

WT posted 07-20-2010 01:39 PM ET (US)     Profile for WT  Send Email to WT     
FYI Garmin G2 chips can be bought at a 50% discount ($80) if you have an existing G2 chip and order as an upgrade.

My G2 data was not on a separate G2 chip so I had to pay retail.

Anyway, now I can't plead ignorance regarding sanctuary boundaries.....

Warren

Chuck Tribolet posted 07-20-2010 07:21 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
Towboater, I'll trump your humpback. Saturday, Adm. Linda
and I had a pair of blue whales, probably mating based on
behavior, come up about 40' from the Montauk. We watched them
for about an hour.

Blues make humpies look little.


Chuck

Chuck Tribolet posted 07-20-2010 07:27 PM ET (US)     Profile for Chuck Tribolet  Send Email to Chuck Tribolet     
DO NOT RUN OUT AND BUY THAT GARMIN CHIP.

It shows Del Mar Landing State Marine Park, which was
established in 1972, and, as an SMP, allowd some or all
recreational take. The implementation of the MLPA has
replaced it with Del Mar Landing State Marine Reserve, with
different and, by eyeball, larger, boundaries, and NO TAKE.


Chuck

WT posted 07-20-2010 07:31 PM ET (US)     Profile for WT  Send Email to WT     
Oh wonderful....
WT posted 07-21-2010 01:50 PM ET (US)     Profile for WT  Send Email to WT     
Nice catch Chuck. The Garmin guy says yes, the Del Mar sample was old info.

Here are some of the new MPA data boundaries on the Garmin G2 chip around Bodega Bay.

Del Mar Landing

http://img.photobucket.com/albums/v665/warrent/Misc/del_mar.jpg

Stewarts Point

http://img.photobucket.com/albums/v665/warrent/Misc/stew.jpg

Bodega Head

http://img.photobucket.com/albums/v665/warrent/Misc/bodega1.jpg

Salt Point

http://img.photobucket.com/albums/v665/warrent/Misc/salt.jpg

Warren

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