Tatman

Darrell James Tatman appeals his conviction by jury trial of conspiracy to violate Fish and Game Code statutes governing the harvesting of abalone. (Pen. Code, § 182, subd. (a)(1); Fish & G. Code, §§ 2000, 2002, 8301, 8305, subd. (a).) Appellant contends he could not be convicted of felony conspiracy for violation of specific misdemeanor statutes. He also asserts instructional error. We affirm.

Facts

Appellant is a commercial urchin and abalone fisherman in Mendocino County. As of December 19, 1989, he had been under surveillance by Lieutenant Marvin Hee of the Fish and Game Department because he had been seen poaching abalone off the Sonoma and Marin County coasts. Hee was familiar with appellant’s daily routine of meeting his crew for breakfast at a specific restaurant before setting out in his boat, “Hell Raisers.” On December 19 appellant broke his routine. Instead of going directly from the restaurant to his boat, he went first to a marine supply store, emerging with burlap sacks, which are not used in urchin harvesting. Instead of a crew of three or four, he departed with only one person, Scott Brady.

Appellant anchored at a cove north of Fort Bragg. Hee observed…