881 lb Tuna!

[addicted2sp33d]

Not my catch... but it still hurts to hear what happened to this dude.

That's a catch of a lifetime.

http://news.yahoo.com/blogs/sideshow...194650751.html

http://news.yahoo.com/video/us-15749625/27364030

[jorluivil]

I wouldn't call a snagged fish the catch of a lifetime. It sucks that they took the fish away from him but rules are rules.

[Devildawgjj]

Some narrative below (that I agree with) from people that rationalized this event:

So the feds know when a giant tuna is caught in a net but can't stop illegals from entering the country?

Honesty is supposed to be the best policy. Another example of how the ones who worked hard get screwed!

We should throw the government back and keep the fish.

A government big enough to give you everything that you want, is big enough to take away everything that you have- Thomas Jefferson

[jorluivil]

From what I read the case is still open and the funds are being placed 'on hold' until the matter is resolved. I really doubt he'll see any of the money but you never know.

[PapaDave]

I would have stuck a hook in it's mouth and said I cought it on rod and reel.

[addicted2sp33d]

Originally Posted by jorluivil

I wouldn't call a snagged fish the catch of a lifetime. It sucks that they took the fish away from him but rules are rules.

So if you somehow (accidentally of course) foul-hook a barn door, or foul-hook a 60-lb YT with a surface iron... and no-one is looking, do you throw it back?

He got all his permits and even called-in his catch with complete honesty. I don't think the malicious intent was there... but you're right. Let's see if DFG does the right thing here.

[mtnbykr2]

Originally Posted by Devildawgjj

Some narrative below (that I agree with) from people that rationalized this event:

So the feds know when a giant tuna is caught in a net but can't stop illegals from entering the country?

Honesty is supposed to be the best policy. Another example of how the ones who worked hard get screwed!

We should throw the government back and keep the fish.

A government big enough to give you everything that you want, is big enough to take away everything that you have- Thomas Jefferson

I totally agree with "we should throw the government back and keep the fish"...I don't believe the "feds' could find their way out of a paper bag, THEY GOT THEIR PRIORITIES ALL WRONG...all the way from the top down to us...

[blitzburgh]

Originally Posted by PapaDCh

I would have stuck a hook in it's mouth and said I cought it on rod and reel.

Bingo! Look, if this guy had been caught numerous times before with violations, I would understand. If not and if what he says is true about purchasing an s-load of tuna permits in good faith, he should get to keep the fish. People forget, laws are not always supposed to be blindly enforced, rather as a guideline when the occasion merits it. This seems to be one of those occasions.

[sterling]

I heard a sermon one time called "The letter of the law, kills. The spirit of the law gives life."

Looking at this from a letter of the law perspective the fisherman did not have the appropriate permit at the time, therefore he looses. You lose, you get nothing, good day sir! From the spirit of the law. The permits/regulations are set up to protect sea life populations and create a sustainable harvest so hard working people can earn an honest living. Sure that beast was a breeder, but how much longer would it have lived. The fisherman played by the rules up until the last technical point. He did not try to cheat or mis-lead anyone. Therefore it comes down to how this will be ruled. Will be ruled by the letter of the law or the spirit. We all on here are routing for the spirit and give this hard working honest American entrepreneur his payday. I'm afraid that it most likely will go letter of the law.

[jorluivil]

Originally Posted by addicted2sp33d

So if you somehow (accidentally of course) foul-hook a barn door, or foul-hook a 60-lb YT with a surface iron... and no-one is looking, do you throw it back?

He got all his permits and even called-in his catch with complete honesty. I don't think the malicious intent was there... but you're right. Let's see if DFG does the right thing here.

Yes, there is a difference. If I'm fishing for halibut and I 'foul hook' it its a legal catch. Why? Because it was my target species

If I'm hooping for bugs and I get a 15" sculpinin in my net its 'bycatch' and its illegal to keep.

There is a difference between a foul hook and bycatch, this tuna was bycatch.

[addicted2sp33d]

Originally Posted by jorluivil

Yes, there is a difference. If I'm fishing for halibut and I 'foul hook' it its a legal catch. Why? Because it was my target species

If I'm hooping for bugs and I get a 15" sculpinin in my net its 'bycatch' and its illegal to keep.

There is a difference between a foul hook and bycatch, this tuna was bycatch.

I'm not trying to be confrontational here, but I don't think your "Target Species" exemption claim is legal. According to DFG, you're not allowed to keep any fish that does not voluntarily take the bait into its mouth (including foul hooks), regardless of it being your target species or not. I've heard this from Rangers, Conservationists, Game Wardens, you name it. The only exemptions are spearos and maybe some other guys.

Here's the Saltwater Regulations, Chapter 1, Section 1.05: http://nrm.dfg.ca.gov/FileHandler.as...28&inline=true
Excerpt:
1.05. ANgLiNg. To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.

Here's the Freshwater Regulations:
http://dfg.ca.gov/regulations/FreshF...-ch2-art1.html

If you plan to keep a foul hooked barn door, PapaDCh has the right idea. Alternatively, you can call it-in, be completely forthright, and have it confiscated when you hit the beach. As some have mentioned above, this is Letter vs. Spirit... and knowingly or not, your "Target Species" foul hook exemption actually leans toward the Spirit side of enforcement.

[Fiskadoro]

"They said it had to be caught with rod and reel," a frustrated Rafael said. "We didn't try to hide anything. We did everything by the book. Nobody ever told me we couldn't catch it with a net."

What a total Buffoon!!!!!

This guys a Trawler, which means he's permitted for commercial trawling or dragging nets on the bottom for fish or invertebrates. Evidently he tangled up a Giant Bluefin while raising or lowering his nets, and he's now trying to pretend it's a legal catch. It's not a legal catch. It's not even legal as bycatch.

Atlantic Giant Bluefin are tightly manged by the NMFS and can only be taken commercially by permit a few ways. Rod and Reel, Handline, Greenstick, Longline, Purse seine and special tuna Traps or weirs.

In order to legally take them with any of that gear you have to have a commercial tuna permit specifically for that gear. There are no permits for Trawling Giant Bluefin, it's not a legal means of take commercially or otherwise.

If I had to guess I imagine this guy get's hook and line permits for his boats for fishing Bluefin when not trawling. He got the tuna in his net and thought maybe he could squeek it by and sell it as a hook and line fish. When he reported it they probably realized he was actually trawling and confiscated the fish, and now that he's busted he's trying to pretend he didn't know the regs, and that he should still be able to sell the fish.

Commercial trawling is highly regulated especially when it comes to bycatch because improper trawling can bring in huge amounts of bycatch sometimes as much as 90%. Trawlers know the regs that govern their activities better then anyone. Most of them have had their trawling permits for decades because in most cases you cant get new permits.

I have no sympathy for this guy at all. He's got to know the regs, and is now just using the press, and public opinion to try to make money off a fish that he damn well knew was not legal for him to take or sell.

To claim it's some kind of trophy, or the fish of a lifetime is a joke. If you hit a Twelve Point Buck with your truck it wouldn't be a Trophy, you wouldn't of been legally hunting when you killed it, nor would it be a legal animal to bring home, or sell.

Jim

[jorluivil]

Originally Posted by addicted2sp33d

I'm not trying to be confrontational here, but I don't think your "Target Species" exemption claim is legal. According to DFG, you're not allowed to keep any fish that does not voluntarily take the bait into its mouth (including foul hooks), regardless of it being your target species or not. I've heard this from Rangers, Conservationists, Game Wardens, you name it. The only exemptions are spearos and maybe some other guys.

Here's the Saltwater Regulations, Chapter 1, Section 1.05: http://nrm.dfg.ca.gov/FileHandler.as...28&inline=true
Excerpt:
1.05. ANgLiNg. To take fish by hook and line with the line held in the hand, or with the line attached to a pole or rod held in the hand or closely attended in such manner that the fish voluntarily takes the bait or lure in its mouth.

Here's the Freshwater Regulations:
http://dfg.ca.gov/regulations/FreshF...-ch2-art1.html

If you plan to keep a foul hooked barn door, PapaDCh has the right idea. Alternatively, you can call it-in, be completely forthright, and have it confiscated when you hit the beach. As some have mentioned above, this is Letter vs. Spirit... and knowingly or not, your "Target Species" foul hook exemption actually leans toward the Spirit side of enforcement.

I'm sure the dfg won't be wasting their time with a 30lb halibut, its not worth $700k. Besides, my hali's ALWAYS hook themselves in the mouth

[Billy V]

A trawler would/should (most likely know the laws) pertaining to a trawl license.

However - If you do hit a 12 Point Buck with your truck, you are allowed to keep it.
-You must notify fish and game to report the incident first. They will either respond to the incident, or grant you permission to transport the animal directly to a DFG check station.
-You can also notify the local PD to report the incident if DFG is closed or not available to gain permission to possess or transport the animal, and subsequently take the animal to DFG for inspection.

Living in Jersey you need to know these things, because you can score several deer a night on the roads of monmouth county.
-Hopefully not with your own truck.

[Fiskadoro]

Well I did some checking and it's pretty much as I thought.

Here's what NOAA put up on it's website about the fish.

"....NOAA Reminder on Atlantic Bluefin Tuna Regulations


November 22, 2011 - Recently, a New England groundfish vessel
incidentally caught an 881-pound bluefin tuna in a trawl net.


At the dock, an officer with the Massachusetts Environmental Police conducted a routine boarding of the vessel. Knowing that bluefin tuna are carefully monitored and regulated, the officer notified NOAA’s Office of Law Enforcement that a bluefin tuna had been caught....

NOAA’s Office of Law Enforcement examined whether the vessel’s permits allowed it to catch, retain or sell the fish. The vessel had an Atlantic Tunas General category permit, which allows it to catch bluefin tuna, but only by using handgear (such as rod and reel, handline, and harpoon).


There is no permit that allows bluefin tuna to be caught with trawl nets, even incidentally. Therefore, the vessel could not legally retain or possess this bluefin tuna.

This was explained, andthe fisherman was issued a written warning under the Atlantic Tunas Convention Act.The fisherman voluntarily abandoned the fish to federal law enforcement agents.

If a bluefin tuna is caught with fishing gear that is not authorized, even incidentally, the bluefin tuna must be released and cannot be retained....."

http://www.nmfs.noaa.gov/stories/2011/11/bluefin.htm



Like I said above all this stuff about the guy not knowing it was an illegal take are just B.S. He had to know that his permits were not valid for trawling up tuna. Sounds he brought it in thinking he could get away with pretending he caught it hook and line, and then got caught with the illegal fish in a routine inspection at the dock.

I'd say he's lucky he just got off with a warning.


Jim

[Fiskadoro]

Originally Posted by Billy V

If you do hit a 12 Point Buck with your truck, you are allowed to keep it...

I think it varies from state to state... Roadkill...It's what's for dinner!!!

[addicted2sp33d]

Originally Posted by Jim Day

Like I said above all this stuff about the guy not knowing it was an illegal take are just B.S. He had to know that his permits were not valid for trawling up tuna. Sounds he brought it in thinking he could get away with pretending he caught it hook and line, and then got caught with the illegal fish in a routine inspection at the dock.

I'd say he's lucky he just got off with a warning.


Jim

Thanks Jim. That's some good research. I don't feel so bad for him now.

[jorluivil]

Originally Posted by addicted2sp33d

Thanks Jim. That's some good research. I don't feel so bad for him now.

Dammit!! I was just about to put some popcorn in the microwave.

[blitzburgh]

Originally Posted by Jim Day

Like I said above all this stuff about the guy not knowing it was an illegal take are just B.S. He had to know that his permits were not valid for trawling up tuna. Sounds he brought it in thinking he could get away with pretending he caught it hook and line, and then got caught with the illegal fish in a routine inspection at the dock.
I'd say he's lucky he just got off with a warning.
Jim

Good stuff Jim. I hereby recant my previous premature statement and would now like to proclaim this guy a Jag-off (a little Pittsburghese for you all).

[addicted2sp33d]

Originally Posted by jorluivil

Dammit!! I was just about to put some popcorn in the microwave.

This is the Internet... if you turn it into kettle corn and bring enough to share, we can always find SOMETHING to argue about.

Dude, I just thought of something... has anyone here ever hooked up on this guy's Pacific cousins from a kayak?