Just sharing this with you.

 

Can you believe the 1) the guy was charged in the first place and 2) the case went to the Supreme Court.

 

So when we throw back those dinks and small fish under the minimum length we are OK.

 

Our tax dollars at work!!!

 

 

 

WASHINGTON (AP) — The Supreme Court says a Florida fisherman convicted of throwing undersized grouper off his boat is off the hook.

 

In a 5-4 opinion, the justices on Wednesday threw out the conviction of commercial fishing boat captain John Yates, who was prosecuted under a law meant to stop fraud in the accounting industry.

 

Yates was convicted of getting rid of fish he had caught that were under the minimum legal size permitted in the Gulf of Mexico. A Florida fish and wildlife officer said Yates illegally dumped the smaller fish overboard to avoid prosecution.

 

The law's anti-shredding provision prohibits destruction of "any tangible object" during a federal investigation. But Yates argued it was aimed at the destruction of financial documents — not fish.

 

 

Actually it seems like a practical case to me.  Did you read the whole story Sam?  The captain caught and kept undersize fish and was told he would be cited upon his return to port.  During his return, he ordered crew members to dump the undersize fish and replace with larger ones.  In effect, he destroyed evidence of his illegal catch.

 

I'm surprised the ruling wasn't upheld.  This seems like it would set the precedence of keeping illegal numbers of fish just to return them to the water should a game warden approach. 

Actually it seems like a practical case to me. Did you read the whole story Sam? The captain caught and kept undersize fish and was told he would be cited upon his return to port. During his return, he ordered crew members to dump the undersize fish and replace with larger ones. In effect, he destroyed evidence of his illegal catch.

I'm surprised the ruling wasn't upheld. This seems like it would set the precedence of keeping illegal numbers of fish just to return them to the water should a game warden approach.

I agree.. That was exactly my thought, he destroyed evidence..

I agree with the conviction and not the reversal.  There is a site based here in MD for the Chesapeake Bay that has a great thread and story on two convicted poachers.  That is what this guy was doing,  poaching.

I spent several years boarding commercial & recreational vessel.

 

I do not know the particulars of who or how this boarding was conducted, but the standard operating procedure in these cases for the USCG was to photograph & document.  Additionally, if the violation was significant enough, the entire boarding team remained aboard the F/V and it was escorted to the closed safe port. On the way in NMFS would be contacted and would meet us at the dock where they inspected the fisherman's nets / gear  & entire catch.  The Boarding Officer's photographic evidence & documentation was turned over to NMFS at this time. 

 

  More times than not the illegal gear was seized and the catch was sold without any monies going to the F/V.

This was above & beyond the fines that would be levied.   This is serious business and the consequences for bad decisions are severe, especially these days.   

 

Whatever the circumstances were of this case, sounds like something other than what I just described happened.

 

A-Jay