OUTDOOR NOTES : Lack of Legal Help Upsets State’s Staff

A California Department of Fish and Game internal memo obtained by CalTrout shows why the DFG has trouble fighting its own legal battles, despite a tough Fish and Game Code.

The department long ago lost its own in-house lawyers and only in recent years was able to add three legal advisers to its staff. According to the memo from one of the advisers, Eugene V. Toffoli, to assistant attorney general Robert Connett, the DFG was unable to get any support from the state attorney general’s office last month in a matter involving the pumping of Sacramento River water that would threaten a run of endangered winter-run salmon.

And when Toffoli sought the use of an independent law firm, he wrote Connett: “You then stated that DFG was not approved to use outside counsel in this matter.”

The DFG was handcuffed. That’s why most of the key legal victories involving fish in this state--Rush Creek, Mono Lake, the East Walker River--have been won by public interest groups such as CalTrout, the Audubon Society and the Sierra Club or county district attorneys such as Mono’s Stan Eller.

If that seems a strange way to manage fish and wildlife, it speaks to the low priority they hold in state government.

Toffoli said he didn’t leak the memo, but added: “You can read a lot of frustration in (it). . . . We need more legal help.

“It got their attention. The attorney general got cracking, and the (water) district has agreed not to pump any more the rest of the year.”

The long-range fishing season has begun, and the giant yellowfin tuna are cooperating at the Revillagigedo Islands off southern Mexico.

The Qualifier Excell returned from the season’s first trip to the islands last week with limits of tuna and wahoo.

According to captain Bob Burns, the tuna are averaging 80-90 pounds, but he said some are in the 200-pound class.

The largest this season is a 298-pounder taken aboard the Qualifier Excell. The all-tackle world record is a 388-pound 12-ounce yellowfin taken off the Revillagigedo’s San Benedicto Island in 1977.

Briefly

SALTWATER--There remains an abundance of squid and other bait in Southland waters, and “the mako (sharks) are going crazy,” according to Rich Tricarico, who runs a six-pack out of Skipper’s 22nd Street Landing in San Pedro. Tricarico said: “It’s the best mako bite in years,” with numerous catches exceeding 150 pounds and one at 220. But local fishing otherwise remains fair at best, with most fleets making the transition from surface to the more productive bottom, where rock cod and rockfish abound. A few white seabass are being found off the Palos Verdes Peninsula.

Cabo San Lucas: Blue marlin are far from active, but those being caught are fairly large, most topping 300 pounds and a few closer to 500. Dorado are abundant, however, with boats averaging almost 10 a trip. A 143-pound wahoo was reported. Weather and water conditions remain ideal.

East Cape: Blue marlin are still in the area, averaging 250-300 pounds. Sailfish are by far the most prevalent billfish. Tuna coming in regularly at 40-60 pounds, most being caught north of Palmas Bay. Dorado fishing is steady, with fish to 60 pounds.

Loreto: Fishing is generally slow for yellowtail and other exotics, but good for cabrilla and small pargo. Surf fishermen are taking advantage of an abundance of sierra mackerel, according to John Mestrin of Baja Fishing Adventures in Long Beach.

FLY FISHING--Poul Jorgensen, Lefty Kreh and Joan Wulff will be featured in Bob Marriott’s second annual Fly Fishing Fair Nov. 22-24 at his Fullerton store, 2700 W. Orangethorpe. Other noted fly tyers and anglers will give demonstrations and seminars on domestic and international fishing opportunities. Wulff is the widow of Lee Wulff and a champion fly caster in her own right. Hours: Friday 4-8 p.m., Saturday 10 a.m.-8 p.m., Sunday 10 a.m.-3 p.m. Admission is free. A big-screen TV will be tuned to football all weekend. . . . Ralph Cutter, author of the Sierra Trout Guide, will discuss the Kern River Basin at Thursday night’s 7:30 meeting of the South Coast Chapter of Trout Unlimited at the Crown Sterling Suites Hotel, 1325 E. Dyer Road, Santa Ana. . . . Idaho guide, author and tyer Mike Lawson will be featured at the dinner meetings of the Wilderness Fly Fishers next Tuesday night at 7 at the Ramada Inn, 1150 S. Beverly Dr. (details: (213) 280-3459) and the Sierra Pacific Fly Fishers on Nov. 21 at 6:30 p.m. at the Encino Glen, 16821 Burbank Blvd. (details: (818) 785-7306).

DERBY--A consolation version of the Christmas Fishing Derby to benefit foster children will be held Saturday from 7 a.m. to 1 p.m. at Mojave Narrows Regional Park, 18000 Yates Rd., in Victorville. The original event on Oct. 26 was curtailed because of bad weather. Previous participants with their tickets will be admitted for half-price. Prizes will be determined by the number of entries. Overnight camping will be available. Details: (619) 245-2226 or (619) 243-2280.

HUNTING--The Firearm Owners of Pasadena will meet tonight at 7:30 at 1060 N. Allen (one-half block north of Marshall High School) to discuss reopening the Pasadena Civil Defense Shooting Range in Eaton Canyon.

CONSERVATION--The DFG’s successful six-year artificial fishing reef program led by Ken Wilson received the U.S. Fish and Wildlife Service’s top award at the fifth annual International Conference on Artificial Habitats for Fisheries in Long Beach last week. Scientists from 25 nations attended.