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http://www.dfg.ca.gov/news/Question: My friends and I are planning our annual, multi-day fishing trip off the coast this summer. I have a question related to the regulations that might apply to our trip, so we don't run into a problem with a game warden.
Under Section 27.15 on page 28 of the 2013/14 Ocean Fishing Booklet, multi-day fishing trips are described as being "continuous and extend(ing) for a period of 12 hours or more on the first and last days of the trip, and no berthing or docking is permitted within five miles of the mainland shore." Our trip will be for four days, we'll fish for 12 hours every day, and we will anchor the boat in a protected cove off shore. It is not clear though if we are required to be physically fishing or to actually remain aboard the vessel the whole time. It seems we would meet the definition of a multi-day trip; however, we may wish to camp and sleep ashore overnight. If we fish from 6:00 AM to 6:00 PM on Day #1, then anchor the boat offshore, sleep on land, and resume our fishing from 6:00 AM to 6:00 PM the next day, is this still considered "continuous?" Similarly, if we remain aboard, but stop fishing between 6:00 PM and 6:00 AM, is this still considered "continuous?" Could you please describe any definition provided in the regulations for "continuous" that could clarify this question?
Answer: A Declaration for Multi-Day Fishing Trip requires that the trip is continuous and extends for a period of 12 hours or more on the first and last days of the trip. In addition, no berthing or docking is permitted within five miles of the mainland shore (CCR Title 14, Section 27.15).
The multi-day fishing permit is intended to allow persons fishing offshore, on a trip that lasts multiple days, to catch and keep up to three daily limits of finfish, lobster and rock scallops, and up to two limits of abalone. The situation you described could be viewed as a land-based camping trip, using a vessel to get to your destination and fish from. The warden that observed your activities would have to use discretion to determine if your activities met the conditions of a multi-day fishing trip. While there is no definition of "continuous" provided, if you choose to camp or fish on the mainland coast, it would be a stretch to say that you were still on a fishing trip on your boat.
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