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Peoples court-bad decision-tuna charter

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I just watched the peoples court where a guy was on a charter and they caught a giant bluefin. When it came to the end of the day, the guy thought he was keeping the fish. He has no rights to the fish. A giant bluefin can only be taken if you have the commercial permits which belong to the boat. Each boat is allowed 1 fish/day with the NMFS permit.

If the customer kept that fish, he would have been heavily fined. It is how the law is written.

Now, around here, some captains actually give 1/3 back to the customer (after sale) not many, but a few. They don't have to.

The judge ruled that the entire profit from the fish go back to the customer!!!!! That permit is like $1000 to even be legal to be in the game!!

Very Bad decision.

The worst part is this land lubber was chirping in the interview after that "I'm glad I could expose him for the Shuyster he is" etc etc. The captain had sent him a check for 1/3rd when he didn't have to!!!

He was saying he would have never gone for giants because he could just hook up a line to his speedboat at the marina and take off fast and it would be the same thing, no fun, he wanted fish to eat!!! WHAT A CRUMB!! He doesn't even realize he is asking for SUSHI!! He thinks he's gonna steak it out and eat them like yellowfin! (Putting a chunk of bluefin on your grill is like lighting a tire on fire, more smoke than Willy Nelson's van)

He got to have a 2 hr battle with a 720 lb tuna but it wasn't enough, unbelievable.

I'm seriously APPALLED!!

If the judge had taken the time to go look up the laws regarding the harvest and sale of a giant Bluefin,.it's cut and dry, but she ruled on her opinion of the story. APPALLING!!!

Note to Captain- Nice job putting your client on the fish of a lifetime, well done. Screw Him.

(Putting a chunk of bluefin on your grill is like lighting a tire on fire, more smoke than Willy Nelson's van)

;D

Where's Judge Wopner when you need him?

Even TV courts are corrupt, go figure.

Its crazy what some people will consider the "law."  I'm with you LBH, they guy doesn't know what he missed, and should be ashamed.  I don't know any more, but a third of a 720lb. bluefin should be able to buy you all the albacore you can fit on 20 grills.  Schmuck.

  • Super User

I didn't see this but it sounds like the charter captain should've done a better job of presenting the game and fish laws regarding the taking of the fish.  

I'd go further, SW fishing regulations are all over the place.  Where I go, the gulf, the Red Snapper regulations fluctuate like the wind.  I've rarely seen a head boat or charter that had regulations posted up where patrons could easily see what they can take ahead of time.  It's usually up to the mate to inform you and hopefully the info they provide is reliable.  

Does suck though, what the hell would you do with a 720lb BF anyway?  It would be like taking a 60lb flathead catfish out of the Mississippi and thinking you had a bunch of gourmet meals out of it..... yeechh.

  • Author

Exactly.  As for the laws, our "quotas" fluctuate but the standards are just that.  He told the judge the laws but she just assumed, because he didn't have copies of the law with him, (big mistake) that he was tailoring the story to fit his side.  Understandable how she could "think" he "may" be lying but all she had to do was check, instead, she assumed and assumed wrong.

Poor decision on her part. I have one for you. A local hoodlum whom was always terrorizing my neighborhood years ago by breaking into houses, wreaking cars, running through peoples yards while driving drunk broke into my home one night. I awoke to hear something and grabbed the gun and went out to find this guy with one of my guitars in his hand. I held him at gunpoint and told him to drop the guitar. He threw it. He was very drunk and could hardly stand up so I put the gun down and drop kicked him in the stomach. He went out through my storm door and it came off the hinges. He fell down some concrete steps and broke his arm. I called the cops. I received papers to go to court. His mother had sued me for medical bills for his broken arm. The judge ruled in her favor and I had to pay for the medical bills. She said I used unnecessary force considering how  drunk the boy was and the violent way I handled the situation considering the boy was under 18 was poor judgment on my part and that I should have had my storm door locked. Go figure. :-?

I saw that episode too, and I have a slightly different take on the matter.

I hunt and fish for the fun and for the food. I couldn't care less about  a trophy.

That being said, I believe the customer feels the same way, If I'm going to catch a fish that enriches ONLY the Captain of that boat, I'd rather cut the line and go after something I can eat. Laws aside, when I charter a boat, I OWN that boat and crew for the day, and If my Captain takes me out after giant bluefin he'd d**n well better explain to me that the catch is his, and his alone. After he explains that I can make my decision as to what I want to do in MY (charter) boat. I don't care What he wants to do, I paid my money, and therefore I own that boat.

 I guess it just comes down to a lack of communication, but I believe that the Captain holds most of the responsibility for not being more forthcoming with the infomation regarding catch limits, and ownership.

 

 

Growing up in Brooklyn a lot of my friends went charter fishing out of Sheepshead Bay it was the rule that the can kept the fish, everyone kinda knows that when fishing for Tuna.

 I never fished for Tuna but when I went for Blue Fish we let the boat keep em all but one, He gave us the trip for free b/c he got to sell the catch at dockside.

 I just think the guy who is savy enough to go Tuna Fishhing probably has been around and knew the rules.

  • Author
I saw that episode too, and I have a slightly different take on the matter.

I hunt and fish for the fun and for the food. I couldn't care less about a trophy.

That being said, I believe the customer feels the same way, If I'm going to catch a fish that enriches ONLY the Captain of that boat, I'd rather cut the line and go after something I can eat. Laws aside, when I charter a boat, I OWN that boat and crew for the day, and If my Captain takes me out after giant bluefin he'd d**n well better explain to me that the catch is his, and his alone. After he explains that I can make my decision as to what I want to do in MY (charter) boat. I don't care What he wants to do, I paid my money, and therefore I own that boat.

I guess it just comes down to a lack of communication, but I believe that the Captain holds most of the responsibility for not being more forthcoming with the infomation regarding catch limits, and ownership.

My point is that the customer is not allowed, by law, to own that fish.

I agree with the bad communication, I can say though that catching that fish, was not on the docket for the day. When that school of giants showed up off our shores last year, it was the first time in 13-15 yrs. They have been by passing our canyons and going straight to Cape Cod bay. They were on a striper charter out of Snug harbor. When the Bluefin started beaking, they were fortunate to have the gear on board to get one. If I were out on a striper charter (which I would have been allowed"X" amount of filets) and I had the rare chance to strap onto a fish of a lifetime, top of the food chain,....I, PERSONALLY, would jump on it.  I guarentee, when a school of 700 lb fish are breaking near you, you are not thinking "Oooh,..yummy",...WAY too much testosterone flying around for that!

But again,...this is all irrelevant. That customer does not hold the permits to take ownershp of that fish.

  • Super User

That all seems very interesting to say the least.....sounds to me like the Captain got the shaft.

  • Super User

Hey Just Fishn,

Your story points out why we always carried a hidden knife with us in Viet Nam.

It was always "self-defense."

Sam, I brought up the self defense aspect of my actions and the judge didn't want to hear it. This " boy " was 17 and bigger than me with a violent past. I could have shot him by law. I did not feel I needed to do that but, I did want him out of my house and he continually threatened me. I had enough. Even the State Trooper could not believe her ( the judges ) decision. That " boy " proceeded a couple of years later to be driving drunk, crossed the center line and hit a car then ran himself into a pole and got killed. I even got a lecture from that judge about having a loaded pistol in my home and pointing it at someone. I tell you this, I still have a loaded pistol on the nightstand and I will protect myself. That judge was later in a series of drunken and drug related episodes that soiled her name.

Sorry LBH, I didn't mean to dance on your thread. The unfairness of the ruling on the " Tuna Case " just stirred up some old wounds on a court ruling. :)

It seems to me that if they went out looking for tuna it should have been stated up front that the captain was going to keep the fish.  Otherwise the fish belongs to the charter.  According to the NMFS each permit is allowed on fish over 73" per year.  Now inorder to sell the fish a commercial license would be needed and the angler would be out of luck.  He would find himself in a world of trouble trying to sell the fish on his own.  I don't think it would be wise to try and freeze that much tuna.  The only reguirement for bluefin that is different then yellow fin is that they need to be tagged before they are removed from the boat.  And of course the different bag limits.  I try to get out on the ocean at least once a year and tuna are the primary targets.

TD

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