View Full Version : Upsetting encounter with the charter boat KAYMAN TOO


samurai fisherm
03-14-2006, 11:19 PM
Encounter with KAYMAN TOO on March 13,2006 on Stellwagen Bank.

Went cod fishing with Armand Tetreault and Bruce Weinstein on Monday, March 13 th on the Rhode Island Popper. We are active members of the Rhode Island Saltwater Angler’s Association. We arrived at Stellwagen at around 8:30 a.m. and found the fishing to be slow. We searched the bank for fish and caught a fish here and there. Earlier we had seen a charter boat head on by us heading S/SE. A couple of hours later we were searching for fish and came upon the same charter boat on a drift. We made a wide circle around him so as to not impede his drift and marked fish about 50 yards from him. We set up a drift and caught a few undersized cod. I then noticed that the charter boat that had been 50 yards from us was now under power and heading toward us. I really did think too much of it until their boat was about 15 ft from ours. The captain cut power and they then began to fish within 15 to 20 ft of us. Armand asked what their problem was and they accused us of jumping onto their fish. I got out my camera to document how close they actually got to us and to get the name off the bow of the boat (KAYMAN TOO). That is when one of the guys in the back pulled down his pants and mooned us. They then made some rude comments about my (Asian decent) taking pictures of them. Armand told them that I was a US citizen and had served my time in the US military during the Vietnam era. That is when one of the guys (the same one that mooned us) said, “Not with eyes like those. I killed guys with eyes like those in Vietnam”. I was seething, but didn’t say anything so as to not make the situation worse and possibly escalated into something even uglier. Then another guy on the boat took a fish and threw it at us. Their boat actually came within a couple of feet from our bow when the captain put the engine in reverse and backed off. They then back a few boat lengths away from us and we decided that it was time for us to search another part of Stellwagen. As we were pulling off, Armand noticed that the guy in the back (again the one that mooned us) reached down into the boat and pulled out something and aimed it at us like it was a rifle. I don’t know what it was, but it was a very threatening gesture. Armand did file a report with the Coast Guard on the incident.

I would suggest that those of you that get this message truly consider whether or not you really want to book a charter with a captain that allows this kind of behavior on his boat and feel no guilt about trying to intimidate people off of fish. 50 yards is more than enough spacing between boats. We actually had the American Classic out of Lynn pull up to us at about the same distance and start fishing.

Raider Ronnie
03-15-2006, 06:32 AM
Trust me.
Jim Walsh of the American Classic (Walsh's deep sea fishing )
will do the same thing and even try to run you over with his 100 boat if you get too close to him , especially if his boat is having a slow day !!!:hihi:

afterhours
03-15-2006, 06:38 AM
oh i get it- they own the water 'cause they're commercials. eff them!

SBASS1
03-15-2006, 07:24 AM
I'm not going to defend the customers... However keep in mind they might not be allowed back. As for jumping in a charter boats sandwich, you have a pair of large ones, running up to a charter scamming thier location and drifting on it. Jeez the guy is trying to make a living; I would think the least you should have done was waited until he was gone or another day before you jumped in his drift line. Bottom fishing is more secretive than bass fishing. The only thing that aggravates a captain more is having a customer on board with a GPS. Some boat will confiscate them until the end of the trip. Afterhours, IMHO it's no different than being on the beach and having someone step into your footsteps as you drag a fish to your vehicle. Or for that matter having your plugs cover with Habs on the tackle shop wall.

samurai fisherm
03-15-2006, 07:49 AM
We actually went well around him in search of fish and we were drifting parallel to him. We were not in his drift. I do agree with you that drifting in front of him is not cool. The guy's boat we were fishing from understands that and would not do such a thing. We all have friends who are commercial fisherman and charter captains.

GBOUTDOORS
03-15-2006, 08:06 AM
Lets see now just so I have this straight; first post to the site no info as to who you are where you are from and its a post bad mouthing a boat YOU came apon catching fish and you pull along side and get mad at them for getting mad at you. I do know Kevin from KAYMAN charters and have been out with him a number of times this winter and I can say he is top notch and first class as far as how he takes care of his customers and how He acts on the boat. You on the other hand I do not know but do know YOU came to them not the other way around. I also know who was out on the charter Mon. and am calling him now because if someone mooned you it was him for sure . On some of my trips with Kevin we had started out slow and I saw the same boat fishing say a mile or so from us and asked if he thought they may be on fish and his answer every time was that they may be but that WE will find our OWN fish and NOT bother them. Do the commercials OWN the water for sure not but as a GOOD fellow fisherman do you crowd out a boat that is DRIFTING a school of fish by jumping in his drift? NOT me and not Kevin as he showed me several times this winter. Also he is NOT a commercial but a CHARTER boat making a living . Again all I can say is how I know Kevin and he is top notch. And as far as who was out with him that day he did what he thought was right to you for jumping HIS charter and would do the same agian. So please stop badmouthing a very good Capt. on this and I am sure manny other sites you visited for the first time with this post. That being said how was the fishing:wave:

PS. I am booking a charter with Kevin as I write this so not only did your rant not work but got him more bussines from me.

SBASS1
03-15-2006, 08:15 AM
You just made my point. You went around him in seach of fish. The only reason you stopped was because he was there. Then whether you set up 50yds behind him, in front of him, or on top of... you scammed him. That is the reason you were treated the way you were, I'll guarantee it. You just got a set of numbers that you didn't have to work for; so let it be, and check them out a different day.

reelecstasy
03-15-2006, 08:29 AM
Anyone who treats other people that way would never earn my respect. Did he affect his drift-no. Did he "steal" the charter guys fish-no, they aren't his fish..Give me a break, if you really condone that kind of behavior, intimidation and talking to another person and insulting them with racial slurs was the appropriate action, super. :hs:

GBOUTDOORS
03-15-2006, 08:37 AM
I did not say it was wright for the customer to do I said HE did what HE thought was right to do. The world is made up of many types of people I for one do not like someone fishing a drift I set up on for hours but others find it ok to do thats them not me. Would I have done what was done? NO on both counts so lets see; if I did not jump in his drift I would not have been mooned or insulted by a fellow fisherman that feals HE was wronged. I my self would have known better that to jump their drift I gusse its all on what side or boat you was in at the time????

PS he said they did affect their drift as it was a short drift and they could not get back on it as the other boat was on top of them. I do not know this as fact as I was not there but again would not do it myself!

Slipknot
03-15-2006, 08:39 AM
So please stop badmouthing a very good Capt. on this and I am sure manny other sites you visited for the first time with this post. That being said how was the fishing:wave:

PS. I am booking a charter with Kevin as I write this so not only did your rant not work but got him more bussines from me.


Wow Greg, he just signed on and posted on another Striped bass site :rollem, I guess he is pissed.

I hope he had time to read your response, I think I will put this in timeout and let John decide where it needs to be.

There must be better ways to handle this instead of badmouthing the charter guy on the internet. If they are guilty of a hate crime or something, then go to the authorities.

Slipknot
03-15-2006, 08:45 AM
I did not say it was wright for the customer to do I said HE did what HE thought was right to do. The world is made up of many types of people I for one do not like someone fishing a drift I set up on for hours but others find it ok to do thats them not me. Would I have done what was done? NO on both counts so lets see; if I did not jump in his drift I would not have been mooned or insulted by a fellow fisherman that feals HE was wronged. I my self would have known better that to jump their drift I gusse its all on what side or boat you was in at the time????

PS he said they did affect their drift as it was a short drift and they could not get back on it as the other boat was on top of them. I do not know this as fact as I was not there but again would not do it myself!


Greg it still does not justify their actions.

The charter could have been more polite about it and tried to teach them some other way not to jump their drift, like by talking to them and asking them to leave, being rude and insulting does not seem like the right way to me. 2 wrongs don't make a right.

Canalman
03-15-2006, 08:45 AM
I can't believe you guys are defending this guys juvenille behavoir! If someone interrupts your drift or gets "too close" I can think of about 500 things I'd do before mooning them, throwing fish or INSULTING SOMEONE'S RACE! C'mon you guys... you should be ashamed ASHAMED! That is POOR very POOR and that guys should be punished for acting like a childish @$$H0/_3.

-Dave

Canalman
03-15-2006, 08:47 AM
I would never comsider a trip with the KAYMAN after hearing this

Nebe
03-15-2006, 08:52 AM
i agree with canalman.. :doh:

SBASS1
03-15-2006, 08:54 AM
I believe all of the verbal abuse was done by the customers.

Slipknot
03-15-2006, 08:54 AM
I can't believe you guys are defending this guys juvenille behavoir!

-Dave

Dave, I read the thread and nobody replying here defended the guys juvenile behavior.

I put this in scuppers for now but it looks like this is going to begin flaming

fishaholic18
03-15-2006, 08:58 AM
If this is in fact true, the mooning I can deal with, pretty funny, but defending the guy on the racial slurs, aiming something at them and throwing a fish at them??? Are you kidding me? Hello Coast Guard.
Sounds like a pretty unprofessional bunch, they were probably :gu: too.

taJon
03-15-2006, 09:23 AM
Not taking sides but I've had head boats anchor in my chum line a few times over the last few years, so is it acceptable for me to do rude and perhaps dangerous things to teach fishing eticate?

No bashing please but I have seen it happen both ways.

BigFish
03-15-2006, 09:44 AM
Lets see.....a big open ocean....out on the Bank and you guys sit on top of this charter and start fishing??? Hmmmmmm.....sounds like maybe you guys needed to back off and not crowd him so much! First off.....personally...I don't fish in crowds....cause people suck! I would rather walk away from a blitz filled with idoits and fish in a quiet, all to myself spot and find my own fish. I never, ever set up close to another guy....its just not done by me though I know many do. You guys could not find a nice quiet place of your own out there in the middle of the ocean this time of year?:huh: Sounds like you were piggy-backing.:hs:

As for their behavior.....inexcusible! If the Captain of the ship let his paying customers/buddies act like that he should lose his Captains liscense!

stripersnipr
03-15-2006, 09:55 AM
Whatever justification the Captain may or may not have had went out the window with the racial slur. Whether or not it was crew or customers responsible for these actions the Captain owns the overall responsibilty. In my book Kayman Too loses this case.

beamie
03-15-2006, 10:20 AM
This kind of incident unfortunately happens almost everyday on and east of the bank.

I've seen it personally.

Some "captains" have too much ego.

You don't want to crowd another boat, however there is enough room for a few boats to fish even the same small hump when drifting.

The charter gang has its "cliques" and until you get known your nobody. Even guys in the same club "charter boat organizations" don't often help each other out when on the water as far as fishing goes. i.e. if a boat is having a slow day and wants to get fish for their hire and calls a "freind, fellow charter" and asks how they are doing.....answer "it's spotty, kind of slow", meanwhile at the dock you hear they had a 700 pound day. humm.

The actions of the charter are most likely alcohol induced but the "captain" could have handled it better.

Even if you did not set up and fish that day and went back to those numbers the next day before the charter got there allot of "captains" would have landed right on top of you. His reasoning will be I've never seen you hear before and these are my numbers. Like I said, too much ego from most.

Things can be handled way better by saying something like " Hey guys I've been working this hump for an hour and my boat drifts quicker than yours so it's gonna get tight" But in the real world you get. "These are my numbers so scr*w"

It can be an intimadating, cut-throat industry.

samurai fisherm
03-15-2006, 10:25 AM
My reason for posting this was to inform people what happened to me while fishing Stellwagen. Everyone needs to make up their own minds about the situation. Yes I was pissed when it happened. I agree that if he thought we were jumping his fish, there were many other ways to resovle the issue than almost ramming our boat and then verbally abuse me. He was that close. I could have jumped from our boat to his, he was so close.

If the moderator of this board feels that he must turn this thread off because it is getting a bit heated, I do not mind. Everone getting mad and yelling at each other solves nothing.

Skitterpop
03-15-2006, 10:28 AM
Congrats to whoever put up SF to make this post.

The charter captain and business have been already damaged by an unvalidated situation and post.

If I am fishing a mile of open beach and someone comes along and sets up 25 ft from me I don`t like it and I am guessing none of you would either.
The alleged mooning, racial slurs, and other behaviour are unacceptable and most likely came solely from the customers. But who climbed into someones SPOT when the the ocean is big and wide in hopes of catching some cod that they observed being caught.


Controversy sells I guess.... my post was deleted from the other place when it was SF`s 1st post there and now everyone is going tsk tsk.

Agenda accomplished SK

Clammer
03-15-2006, 10:28 AM
The CLAMMER isn,t touching this one =lets just say I,ve seen it both ways //big time :eyes:

ProfessorM
03-15-2006, 10:35 AM
:rollem: Sounds like a typical day on the water. I see it every time I am out. Whether at the ramp or on the water. Guys breaking unwritten laws, other guys acting like idiot's, others using bad judgement or a mistake or just not having a clue. It is true that fishing takes a lot of patience, especially with other fisherman.:doh: P.

fishaholic18
03-15-2006, 10:35 AM
So.....Lets see the pics...:lurk:

samurai fisherm
03-15-2006, 10:46 AM
Nobody put me up to posting this incident. The situation is not unvalidated since we filed a report with the Coast Guard. I am not demeaning charter boat captains. I have friends who are charter boat captains. Most charter boat captains do not allow this type of behavior to occur on their boats. It is the few that cause damage to the charter boat business not the people who report this bad behavior.

Mike P
03-15-2006, 11:04 AM
Congrats to whoever put up SF to make this post.

The charter captain and business have been already damaged by an unvalidated situation and post.

If I am fishing a mile of open beach and someone comes along and sets up 25 ft from me I don`t like it and I am guessing none of you would either.
The alleged mooning, racial slurs, and other behaviour are unacceptable and most likely came solely from the customers. But who climbed into someones SPOT when the the ocean is big and wide in hopes of catching some cod that they observed being caught.


Controversy sells I guess.... my post was deleted from the other place when it was SF`s 1st post there and now everyone is going tsk tsk.

Agenda accomplished SK

Mike---Armand Tetreault (RI Popper) is a member here. I'm sure he can validate what happened. Let's not jump to conclusions. I doubt samurai fisherman would have invoked Armand's name if he was making all of this up.

JohnR
03-15-2006, 11:18 AM
Yes, I would like to here what Armand says as well.

SF - we're going to watch this thread pretty closely and if it does get out of hand, send it to purgatory.

At this point, if what happened happened and you folks contacted the CG then that is the path it should take. Pending action there (if there even is any) might be the time to bring it out more... I don't know you nor do I have an opinion either way as to the validity of this story, but your first post here in a thread like this and hearing that you have done the same on a few other boards makes me a little leary. Would it be different if you had a few hundred posts and a longer time member? Probably. Would it be different if Armand had posted this? Probably, as we know him a bit and hangs around here on occasion...

If the actions of the captian are at fault the CG might say something. Unfortunatley, if the client on the trip, mooned, threatened, and used racial remarks, that is pretty low on the clients part. Unfortunately, the captains probably don't do a psychological profile on their clients before boarding...

So, in a nutshell, welcome to S-B, but I'd rather see something a little more official than a first post bashing another captain.

There are good charter captains and bad charter captains, I'm pretty sure that all have had lousy clients at one point or another...

piemma
03-15-2006, 11:40 AM
Well, so much for the S-B bed and breakfast.......:smokin:

RI Popper
03-15-2006, 11:43 AM
Well Hello S.B. gang. I'm sorry I haven't replied sooner than this. I have a long historty of fishing Stellwagon Bank. I have been doing it with my own boat for the past 5 or 6 years. I have many times taken friends with me who are charter captains themselves (names available upon request). If some of you believe his actions were justified, I recommend getting ajoining rooms with him and his racist friends.

I worked fish for 2 miles from west to east going toward the area where Kayman Too was. On 3 or 4 occasions American Classic would come close to where I was to start fishing. Along with another smaller private boat. I considered that they were trying to F I S H not harass me! So when I made a large (50+ yards) circle up drift of Kayman Too and marked fish on a side Side SIDE drift. I stopped and started fishing. That's when the event occured and draw your own judments of his handling of it. I personally have lost some sleep over seeing how poorly My friend and Camrad-in-Arms was treated. I pray you gentlmen would not behave that way to anyone, no less a veterant.

Sincerely,

Armand

Swimmer
03-15-2006, 11:48 AM
I am more than a little surprised to hear a charter guy came that close to another boat at Stellwagon. That would obviously eflame the yahoos he had on board even more than they allready were. If whats being said by the SamuraiF is true then it sounds like Kayman was trying to instigate further or greater problems when it seems yelling at Samurai from 40 or 50 feet away would have sufficed.

As far as the mooing, so what, as far as the racist comments, federal civil rights violations.

BigFish
03-15-2006, 11:59 AM
The mooning......just one a$$ showing his a$$!:eek: :eyes: :bl:

flatts1
03-15-2006, 12:00 PM
I can't believe you guys are defending this guys juvenille behavoir! If someone interrupts your drift or gets "too close" I can think of about 500 things I'd do before mooning them, throwing fish or INSULTING SOMEONE'S RACE! C'mon you guys... you should be ashamed ASHAMED! That is POOR very POOR and that guys should be punished for acting like a childish @$$H0/_3.

-Dave

Unreal. Always interesting to see the different cultures and values on the various fishing forums out there.

I agree with Canalman and ReelEcstasy on this one. What a shame.

By the way, I first caught SF's post on the SNESA/RISAA email list where MANY others offered him support and applauded him for keeping his cool.

There someone responded to him that he should post this same information on a few Massachusetts oriented fishing websites.

striped-bass.com was one of them listed. So I don't find it surprising that this was his first post. Honestly, I think he could have been welcomed a little better.

SF, personally I appreciate you posting your first-hand account of the story and for filing a report with the CG. What is the saying? No good deed shall go unpunished.

Thanks Again,
Mike Flaherty

P.S.
Remember folks, it wasn't the customer who drove the boat up 15 feet from Armond.

Skitterpop
03-15-2006, 12:47 PM
I knew from the beginning post who Armand was. I`ve had only great interactions with him here in cyberspace.

Just this 1st post huge complaint thing. Granted the customers and maybe the captain did some very wrong things but from my point of view none of it would have ocurred if the charter boat wasn`t crowded in a area relatively void of boats because SK and company saw them taking a few fish.

Peace.... Mike

MakoMike
03-15-2006, 01:00 PM
Guys,
FWIW, he posted this early this morning on the SNESA mailing list and a number fo guys on the list suggested he post it here as well as the other place. Armand is also on the list and will eventually see it if he hasn't already, so I believe Samurai when he says that Armand was the capt. FWIW, it sounds to me like there is more than enough fault to go around.

Goose
03-15-2006, 01:14 PM
It sounds to me like the capt's actions could have been influenced by his party,,, that doesn't justify the Capt's actions nor anyone else's.
Seems that there where some ingnorant raceist who jumped to conclusions. We all know what its like on shore and water when minoritys who don't know fish addicate get to close...I can't *&^$# stand it! and thats not even my bread and butter.

LeCounts1099
03-15-2006, 01:15 PM
I lean toward believing Armands' take here! It's all about the other Charter Captains' willingness to get intentionally close to the "invading" boat, that starts "war chants" on- board, esp. among the "outgoing" & flamboyant drinkers of the party! The Captain sets the tone, & here that setting the table was the game of bumper- boats he was playing! Sorry-- there's never any need to get within 30- 40 yards of another boat minimally, esp. not on the open Ocean!

I don't know this Charter boat, nor fish on boats North of Rhody myself... nor fish Cod in Winter as I'm Bass- obsessed!... But: how dumb and aggresive CAN Charter Captains get with "recs." with absolutely no justification?

I'm chunking in the Western Sound on anchor last June, & pulling up Bass between 12- 25 lbs. here & there. I see a largish Charter boat anchored a half- mile from me, & wondered how he might be doing, as I released a 25 lber on this afternoon trip. After re-baiting my lines & relaxing, lo and behold this 50 foot + Charter boat is steaming right for me, where I'm sitting in 50 feet of water in the middle of the Sound alone! He anchors 20 yards away!, uptide of me!!... and so his fares are drifting their chunks back into my anchor line & under my boat! We're the only 2 boats there for miles! Now his fares are caught on my anchor- line, & frustrated with me "blocking" their fishing... & so now they're yelling & cursing at me!! I'm ruining their fishing after all! :huh: :wave:

Point is: there was a time where the Charter guys "knew the score" of proper fishing behavior & even basic Seamanship & manners... and most of those who were lacking out there during non- peak boating times were the Rec. boats! But: that's all changed today, for whatever reason(s). Some Charter Captains literally do behave like you're on their Ocean! And yes, they do like to incite & encourage their fares to join in the "us vs. them" warfare! :whackin:

SBASS1
03-15-2006, 02:39 PM
Boy, I'm glad you grouped everyone together like that......

BigFish
03-15-2006, 03:37 PM
I said it before.....Big Ocean.....why must you all be on top of each other????? Its like when I have my kids at the beach....lots of sand but yet they must setup their play areas right on top of each other and then they are screaming at each other about who kicked sand at who!!!:huh:

RI Popper
03-15-2006, 04:21 PM
Larry, I can't understand how you can try to keep it coming back to distance? I maintained atleast 150' at any time. And I didn't set up on his drift - I was on the side of their drift. I approached and was using my fish finder of which I have 2. There were boats that did the same to me atleast 4 or 5 times during the day. :lossinit: CAN'T YOU UNDERSTAND IT ISN'T an issue of protecting ground. It is one of complete rudeness/racism/verbal assault percipitated by a captain fostering this in his guests and barreling down on another boat. Have you ever fished the spawning grounds near "B" bouy? there are times there you can jump boat to boat because of them being so close together. Don't jump through hoops to justify your such bad behavior.

Armand

GBOUTDOORS
03-15-2006, 04:24 PM
I said it before I will say it again first post and its badmouthing someone. Did some one mouth off at you, could be did you move in on them YES you said so your self. LeCounts you said it your self BIG OCEAN NO NEED to get anywere near 30-40-50 yards of this boat but thats what was done they got close to them! Now your 25 MILES from shore and you just got to fish on top of another boat:huh: none of this would have happened if no one came close to each other. The thing that I dis like the most about this is the way SF felt the need to come here with his FIRST post full of HATE we would not be having this talk but for him feeling the need to trash some one here so if you do not like the way I and others feel about this try and start out on a good foot not bad. All I see this as is a fight you started and now hope to win by default. I am sorry you feel wronged but I gusse thats the way the other boat must have felt when you started this thing out there. How is it we can always see what others did wrong but NEVER what we may have done????????

Ps RI POPPER I just read your last post and you are right I think there was a lot of rudeness going around but it did start some where.

BigFish
03-15-2006, 05:03 PM
I am not justifying the behavior of the other boat Armand.....they were dead wrong to act the way they did towards you and your party....my point is why must you be stopping to fish 50 yards from them? Is it because they are a charter boat and you figure...Hey....they must be onto something so lets set up here and fish? If I had been in your shoes I would have moved along a bit and found some other fish to catch......if I was on a lonely beach Armand all by myself and a guy came along....walking all the way down the beach without making so much as a cast until he gets 25 feet from me and then he stops and begins casting, figuring I must be into fish, otherwise why am I there, then I would have a huge problem with him and said so! Sounds like thats what you guys did:huh:.

Again....yes they were wrong for their behavior but it sounds to me like you may have rubbed their fur the wrong way?

I call them as I see them.

thefishingfreak
03-15-2006, 05:09 PM
this is rediculous!! your badmouthing kevin twombly a respected charter buisness all over the www?? 'cum on, grow up and call him up and straiten it out like MEN!!

another two page rant on the other board too..
it's on msba relay couple other boards too. if i was kevin i would be fuming!!!!




ASSEMBLY, No. 1327

STATE OF NEW JERSEY

212th LEGISLATURE



PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION





Sponsored by:

Assemblyman PETER J. BIONDI

District 16 (Morris and Somerset)









SYNOPSIS

Makes certain operators of interactive computer services and Internet service providers liable to persons injured by false or defamatory messages posted on public forum websites.



CURRENT VERSION OF TEXT

As introduced.



An Act concerning the posting of certain Internet messages and supplementing chapter 38A of Title 2A of the New Jersey Statutes.



Be It Enacted by the Senate and General Assembly of the State of New Jersey:



1. As used in this act:

"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.

"Interactive computer service" means any information system, service, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides service to the Internet.

"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

"Internet service provider" or "provider" means any person, business or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State.

"Operator" means any person, business or organization qualified to do business in this State that operates an interactive computer service.



2. The operator of any interactive computer service or an Internet service provider shall establish, maintain and enforce a policy to require any information content provider who posts written messages on a public forum website either to be identified by a legal name and address, or to register a legal name and address with the operator of the interactive computer service or the Internet service provider through which the information content provider gains access to the interactive computer service or Internet, as appropriate.



3. An operator of an interactive computer service or an Internet service provider shall establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.



4. Any person who is damaged by false or defamatory written messages that originate from an information content provider who posts such messages on a public forum website may file suit in Superior Court against an operator or provider that fails to establish, maintain and enforce the policy required pursuant to section 2 of P.L. , c. (C.) (pending before the Legislature as this bill), and may recover compensatory and punitive damages and the cost of the suit, including a reasonable attorney's fee, cost of investigation and litigation from such operator or provider.



5. This act shall take effect on the 90th day following enactment.





STATEMENT



This bill would require an operator of any interactive computer service or an Internet service provider to establish, maintain and enforce a policy requiring an information content provider who posts messages on a public forum website either to be identified by legal name and address or to register a legal name and address with the operator or provider prior to posting messages on a public forum website.

The bill requires an operator of an interactive computer service or an Internet service provider to establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.

In addition, the bill makes any operator or Internet service provider liable for compensatory and punitive damages as well as costs of a law suit filed by a person damaged by the posting of such messages if the operator or Internet service provider fails to establish, maintain and enforce the policy required by section 2 of the bill.

tattoobob
03-15-2006, 05:12 PM
I have to agree with Canalman, ReelEcstasy, and Flatts
This is unexceptable, I don't care where you fish there
is always room for one more. I fish in the mouth of the
Merrimac River with my little boat and there are some
real Knuckleheads out there, I have seen it all including
stuff like this and fist fights. I have this to say there is
no need to insult someones herritage that is narrow minded
and just uneducated people. they need to grow up.

I believe they did the right thing by keeping there cool.
Always treat someone the way you want to be treated.

JohnR
03-15-2006, 05:20 PM
My personal feeling is that if I am treated like that I don't go and sign up on websites to state what happened and trash someone else - I will let it be known in the communities I'm involved in. If you read what I posted, I did not go one way or the other on the subject, but to wait until I heard more. As I read the SNESA list when I get a chance I would have read this but I still have not had a chance (and will do so if I get a chance). Now SF is a member over there and has a rapport with the folks on that list but he wasn't here (and like I did say earlier, welcome to S-B and hope you stay beyond this topic). Armand is a member here, for a couple years now, so yes, I will give him far more latitude as a long term member here with an established track record versus someone that posts something like this with the first post. I don't think there is anything wrong with that. I would expect the SNESA list to want to dig in a little and see things play out if someone goes there with a similar situation on their first email...

Assuming that everything is correct the way SF mentions it, and he brought it to the CG's attention, he did the right thing. I'm not sure if that's the BEST avenue to take action and I'm not sure what other avenues might be better.

If that was what happened, it was wrong. We can debate what is the proper distance to maintain between boats and drifts from now until the bass head back for next winter.

Flatts, you always seem to find fault with how other sites and communities operate, personally I like you and think you do good work, vocally applaud that work, and support you 95% of the time but I also think from time to time that you feel you are holier than the rest of us mere mortals. This is a discussion where people are offering various opinions – that happens on discussion forums. Most of the discussion has been in support of SF, awaiting more facts - including Armand's post - and there has been some disagreement on the etiquette of "vessel proximity" and “drift protocol”. But what is wrong with people being a little skeptical until more info is in? Why should everyone jump at SF’s beck and call on his first post without getting more info? If we rallied the troops on everyone’s first post here, where would we be? A lot of people try to gain advantage against others posting here and elsewhere, doesn’t hurt to be prudent.

SF, again, I think you did the right thing in reporting it the way you did, whether or not the captain on K2 did the right thing or not (and yes, that will get debated to no end), the actions of his client were pretty crappy. Also understand that with this being your first post I think you can appreciate some being a bit cautious until more info comes out. I see no harm in that. Had you been a regular member here for a little while and built a relationship with some of the people, you would have seen a response a lot more along the lines of what you got on the SENSA list.

Thanks!

samurai fisherm
03-15-2006, 05:23 PM
GBOUTDOORS - I didn't come to this site with hate. I did not call anyone names. I just stated what had happened to me and the racial comments that were directed at me. My feeling wronged has to do with the racial comments and the way the whole situation was handled. I honestly don't think we were too close based on the drift, but some people have a diffference of opinion. That is fine but please don't say I came to this site with only hate in my comments.

It was recommended to me from other fisherman that I post this on this board and let people make their own diecisions. I have done that. I didn't come hear for a fight.

thefishingfreak
03-15-2006, 05:30 PM
so,,,,,,,, lets go on the 2 biggest fishing websites this side of the missippi, and badmouth someone as a new member.:hidin:
shame on you.:o no matter what happened out there.

stripersnipr
03-15-2006, 05:42 PM
I for one appreciate the opportunity to read this post and be made aware of a situation which then allows to me form an opinion on what I determine may or not be fact. At this point we have a statement which in turn was corroborated by a second party. There are consequences to this type of behavior and keeping it quiet whether its someones first post or not would be wrong. Kevin is aware of these posts and has the opportunity to respond as he likes.

JohnR
03-15-2006, 05:45 PM
ASSEMBLY, No. 1327

STATE OF NEW JERSEY

212th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Sponsored by:

Assemblyman PETER J. BIONDI

District 16 (Morris and Somerset)

SYNOPSIS

Makes certain operators of interactive computer services and Internet service providers liable to persons injured by false or defamatory messages posted on public forum websites.

lotsologalese

STATEMENT



This bill would require an operator of any interactive computer service or an Internet service provider to establish, maintain and enforce a policy requiring an information content provider who posts messages on a public forum website either to be identified by legal name and address or to register a legal name and address with the operator or provider prior to posting messages on a public forum website.

The bill requires an operator of an interactive computer service or an Internet service provider to establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.

In addition, the bill makes any operator or Internet service provider liable for compensatory and punitive damages as well as costs of a law suit filed by a person damaged by the posting of such messages if the operator or Internet service provider fails to establish, maintain and enforce the policy required by section 2 of the bill.

FF - if this came to pass, I would need to check with a lawyer first but I would probably and very unfortunately, require people from NJ to at least sign a release or something, at worst, hate to contemplate the worst case. Really a shame to see something like that happen. I love you guys but I'm not going to lose my house because someone is having a bad day....

Pete_G
03-15-2006, 06:06 PM
It definitely goes both ways on the water.

It comes down to this, as far as I'm concerned. Charter captains should show the same respect any boater would show to any other boater. Maybe more but nothing less. Respect for space, respect for spots, just basic respect. Unless your an idiot you know when you're crossing the line, charter boat or otherwise. Jump my spot or drift? Trouble. Respectfully join in a drift? No problems. Get too close without clearance, especially while I'm fishing? BIG trouble.

Personally, when I'm on the water I try to avoid captains with sports on board. I know they're working for a living. But at the same time I'm on a mission to catch fish. If you're in a drift where I think there's fish I may respectfully join in. More then likely I'll go find my own water as I just like to be alone. But if I do a captain has no right to say a word. I fish a few spots that very few others fish. Hidden, tough to fish spots. I learned them from others, and if I see those who taught me approach I move. Just a basic respect thing, nothing more.

As for sensitive spots where I fish in a boat that I want to protect, unless it's seriously foggy or after dark I don't go there. Or I move off long before someone gets near me. Also, Stellwagen Bank or the Race aren't exactly secrets. Can't be too surprised if there's some traffic there. With everyone having GPS these days it's easy to figure out where a given boat is working and go back in the future.

Keeping spots hidden is just part of the game as is respect on the water.

As for racial stuff pertaining to the original post, that's just unacceptable, no matter what the circumstance.

Slipknot
03-15-2006, 06:39 PM
Regarding that internet synopsis crap about holding the site owner responsible for someone slandering or whatever, I am saddened by the WUSIFICATION of America if that is the case and people are not responsible for their own actions :( pass the buck I guess, not my fault WTF? people these days like to pass the blame.I say grow up and act like an adult. I can't believe the liberal judges that allow such crap.

samurai fisherm came here with the intent of warning others of an incedent that happened to turn others away from doing business with the charter guy. You didn't ask for an apology, as far as I can see from reading this and only getting your side of it, is that you both could have acted differently and maybe it would not have come to the bad behavior. For instance when they rode right up to you instead of yelling hey what's your problem, maybe a simple Oh, are we crowding you too close? I guess we can move. I know that the charter guy escalated it and a client was way out of line with the racial comments but like others have said, maybe just call the guy up and settle it like men. It would be nice if the guy with brass balls would apologize for his comments but I doubt that would happen. Maybe Armand could apologize first and see where it goes because what's done is done, it's not helping matters bashing the guy on the internet.
I knew this thread was gonna go south and sides would be taken.
Everyones opinion on what distance to keep away from others is going to vary so much that of course there is going to be differences of opinions on this matter too, but I think we can all agree that there was no need of racial comments or tossing fish or whatever. So if the Captain is responsible for his clients, then maybe he can step up and apologize. wishful thinking I'm sure :hidin:

It's a shame this couldn't have been handled some other way but I can see how samurai is pissed off.
maybe we need a thunderdome out on stellawagon:huh:
2 men enter, one man leave ;)

Mike P
03-15-2006, 06:47 PM
John--the key words in that bill are "false and defamatory". Defamation, by definition, requires the communication, verbally or in writing, of false facts. Truth is an absolute defense in any defamation suit. And the person claiming he was defamed has the burden of disproving that the allegations were true.

JohnR
03-15-2006, 07:01 PM
John--the key words in that bill are "false and defamatory". Defamation, by definition, requires the communication, verbally or in writing, of false facts. Truth is an absolute defense in any defamation suit. And the person claiming he was defamed has the burden of disproving that the allegations were true.

Yep. But S-B might decide it does not want to need to expend the needed resources to defend itself were that to come to pass.

You NJ folks that like the Internet, call your legislature and deep6 this moronic peice... Far more important things to address than this. I bet this is someone's pet peave and that someone got picked on a little too hard online and is seaking revenge of the legislative pen...

JohnR
03-15-2006, 07:07 PM
As for the negative Charter experience portions of this thread, some items are ongoing offline that would be beneficial to not further fan the flames. So I will lock this thread for now pending future results.

PMs on the way to SF & Armand...