View Full Version : DEP seizes black sea bass caught out of legal season


macojoe
03-05-2012, 01:43 PM
DEP seizes black sea bass caught out of legal season | The Asbury Park Press NJ | APP.com (http://www.app.com/article/20120305/NJNEWS/303050037/DEP-seizes-black-sea-bass-caught-out-of-legal-season)

basswipe
03-05-2012, 02:49 PM
This one's gonna be good.
:lurk:

trevier
03-05-2012, 05:04 PM
did they seize all the fishing equipment while they were at it, if not they should have, dirtballs,

massbasshunter
03-05-2012, 05:20 PM
Wow thats Crazy all out of season Black seabass Im sure they seized alot of the gear!!

MakoMike
03-05-2012, 06:11 PM
Gear would be chump change compared to the fines and the income from the sale of the fish. A few $150 fishing outfits would be my guess.

PRBuzz
03-05-2012, 06:18 PM
I'll bet that is more widely practiced on head boats than reported: once on board it stays on board! And who counts? Except for those damn dogfish.....

Saltheart
03-05-2012, 07:56 PM
800 plus illegal fish caught on that boat in one trip with no effort by the captain or crew to stop it. Seems to me the blame starts there at the top and goes down hill to the individual fisherman.

He acknowledge that he did see fishermen keeping black see bass, but said, “I didn’t think it was that many. And I’m not getting paid by the state of New Jersey to take fish out of people’s buckets.”

What an attitude. Confiscate the boat just to send a loud clear message.

MikeToole
03-05-2012, 09:54 PM
He acknowledge that he did see fishermen keeping black see bass, but said, “I didn’t think it was that many. And I’m not getting paid by the state of New Jersey to take fish out of people’s buckets.”

When I saw this statement I thought the same thing. Maybe not take the boat but pull his license to operate a party boat. He more or less said screw the state and fishery regulations, all I'm interested in is the money.

bigwavedave
03-05-2012, 10:28 PM
It's great they put not only his pic up but the boat also . Not so good for bookings . It's a shame that whatever the fines and such will be it wont be enough . They need to make strong examples of idiots like this so maybe it will act as a deterent for the rest of these people
Posted from my iPhone/Mobile device

macojoe
03-06-2012, 09:12 AM
He acknowledge that he did see fishermen keeping black see bass, but said, “I didn’t think it was that many. And I’m not getting paid by the state of New Jersey to take fish out of people’s buckets.”

Any party boat I have been on will not let you keep shorts or other off season fish! He is responsible for who ever and what ever people do when on his boat!!
I am on my boat.

MakoMike
03-06-2012, 10:57 AM
Any party boat I have been on will not let you keep shorts or other off season fish! He is responsible for who ever and what ever people do when on his boat!!
I am on my boat.

no he is [B]NOT[B] legally responsible for what paying fares do on his boat. He posted signs and informed the anglers at the beginning of the trip that sea bass were out of season. He is not empowered or required to enforce the regs. He did what he is supposed to do and the individuals who elected to violate the regs are the ones who should pay the price.

RIROCKHOUND
03-06-2012, 11:19 AM
no he is [B]NOT[B] legally responsible for what paying fares do on his boat. He posted signs and informed the anglers at the beginning of the trip that sea bass were out of season. He is not empowered or required to enforce the regs. He did what he is supposed to do and the individuals who elected to violate the regs are the ones who should pay the price.

You really believe that the mates didn't notice someone w/ 100+ sea-bass in their cooler and at least off hand didn't say, 'Ah Cap....'

they are all indirectly culpable.

On the plus side, this is why Blount pushed for a fillet law, to curb this happening on the PB's coming in and out of Snug this winter....

Typhoon
03-06-2012, 11:47 AM
Pretty sure I know one of the mates on the boat. Waiting for an email back.

MakoMike
03-06-2012, 02:01 PM
You really believe that the mates didn't notice someone w/ 100+ sea-bass in their cooler and at least off hand didn't say, 'Ah Cap....'

they are all indirectly culpable.

On the plus side, this is why Blount pushed for a fillet law, to curb this happening on the PB's coming in and out of Snug this winter....

So what if they did? They and the Capt. are not legally empowered to enforce the law. Do you call a cop every time you see someone blow a red light or a stop sign? The fact that the DEP did not cite the Captain, just proves my point.

RIROCKHOUND
03-06-2012, 02:06 PM
So what if they did? They and the Capt. are not legally empowered to enforce the law. Do you call a cop every time you see someone blow a red light or a stop sign? The fact that the DEP did not cite the Captain, just proves my point.

No, but IF they knew what was going on, he damn well should have called DEP himself to have them waiting at the dock.

The Dad Fisherman
03-06-2012, 02:31 PM
That defense didn't work for Joe Paterno.....

You Know...the Whole "Moral Obligation" Thing

piemma
03-06-2012, 04:22 PM
So what if they did? They and the Capt. are not legally empowered to enforce the law. Do you call a cop every time you see someone blow a red light or a stop sign? The fact that the DEP did not cite the Captain, just proves my point.

So what you are saying is that if you had a charter and the guys started keeping 16" bass you wouldn't say anything????

JohnnyD
03-06-2012, 04:40 PM
Are Charters/headboats really not responsible for the fish that people on their vessels keep and can feign ignorance?

MAKAI
03-06-2012, 05:29 PM
Rulers?
We don't need no stinking rulers!
Posted from my iPhone/Mobile device

toaster816
03-06-2012, 05:30 PM
So what if they did? They and the Capt. are not legally empowered to enforce the law. Do you call a cop every time you see someone blow a red light or a stop sign? The fact that the DEP did not cite the Captain, just proves my point.

So turning a blind eye and allowing scum bags to poach is acceptable because they can't make the arrest? Nice logic dude. What a joke.

niko
03-06-2012, 06:41 PM
a good partyboat and captain will make an effort to make sure the patrons are not poaching. a #^&#^&#^&#^&ty one will turn a blind eye to it. if you are a good boat and mind the rules you will lose some business from the poaching crowd (who wants to fish w/ them anyway) but end up w/ decent regulars and a good rep. the boat i winter codfish on has a mate that goes through all the coolers and checks all the whole fish going home - if they are short/out of season they get tossed over. there will always be fishermen who skirt the rules - eff them and the boats that allow this

Haus
03-06-2012, 07:20 PM
Capt of the boat is also responsible. Just like the operator of a vehicle is responsible for everything that happens in their car.
what if the passengers were raping someone, is that ok to not say anything?
Posted from my iPhone/Mobile device

spence
03-06-2012, 07:52 PM
Never been on one, but I would be astounded if a Captain of a party boat wasn't ultimately responsible for customers behaving in a legal manner on board especially considering fishing licenses and catch limits. That there seems to have been full awareness yet no move to counter says a lot about the boat.
Posted from my iPhone/Mobile device

RIROCKHOUND
03-07-2012, 07:12 AM
I would be astounded if a Captain of a party boat wasn't ultimately responsible for customers behaving in a legal manner on board especially considering fishing licenses and catch limits.
Posted from my iPhone/Mobile device

I would agree with Mike if it was a few fish here and there, but we aren't talking about someone sneaking a BSB or two into their cooler.... 108 fish!

JohnR
03-07-2012, 07:39 AM
It is too much. It isn't looking the other way on a fish it is allowing - on your boat - significant violation of the rules as the apply to the people you are bringing to the fish. And he profited by it.

Rockfish9
03-07-2012, 09:28 AM
As a captain of a vessel you are ultimately resposible for everything that goes on onboard your vessel..... that includes the safety of your passengers and violations of the law.. ..this includes reporting known violations.. these people are fishing on YOUR permits.. this one will end up in court.. we'll see what a judge has to say...

makomania
03-07-2012, 10:46 AM
I'd say everybody is responsible....108 fish!? Who doesn't notice that :/

likwid
03-07-2012, 10:46 AM
So what if they did? They and the Capt. are not legally empowered to enforce the law. Do you call a cop every time you see someone blow a red light or a stop sign? The fact that the DEP did not cite the Captain, just proves my point.

Do you allow your fares to poach?

JohnnyD
03-07-2012, 11:20 AM
Do you allow your fares to poach?
Seems like all he needs to do is advise them of what the limits are and then turn a blind eye.

BasicPatrick
03-07-2012, 11:24 AM
Capt of the boat is also responsible. Just like the operator of a vehicle is responsible for everything that happens in their car.
what if the passengers were raping someone, is that ok to not say anything?
Posted from my iPhone/Mobile device

We have a Bingo!!!!

BasicPatrick
03-07-2012, 11:33 AM
Our representatives are fighting hard for more reasonable sea bass regulations and this #^&#^&#^&#^& bag of a captain is out blatantly ignoring the rules. He needs to loose his license and be run out of the business. He is the problem.

I hope and pray he isn't related to RFA Lawyer with he same last name.

The fact that some people have posted this charter captain has no responsibility for what was caught on his vessel is yet another statement on how #^&#^&#^&#^&ed up the American mentality has become. This is why our country is going to hell in a hand basket.

MakoMike
03-07-2012, 12:29 PM
As a captain of a vessel you are ultimately resposible for everything that goes on onboard your vessel..... that includes the safety of your passengers and violations of the law.. ..this includes reporting known violations.. these people are fishing on YOUR permits.. this one will end up in court.. we'll see what a judge has to say...

No it won't wind up in court as the Captain wasn't cited for anything. Eveidently the NJ DEP knows the law better than you do! :smash:

And for all those that asked, no I do not allow poaching on my boat, but that is a personal decision to go above and beyond what I am required to do by law.

On a party boat what could the captain do? He can't force the offenders to release the fish. I'd wager that the fish were destined to be sold and weren't cleaned by the crew. We don't know where the "tip" came from, it could have been from the Captain for all we know.

RIROCKHOUND
03-07-2012, 12:44 PM
No it won't wind up in court as the Captain wasn't cited for anything. Eveidently the NJ DEP knows the law better than you do! :smash:

And for all those that asked, no I do not allow poaching on my boat, but that is a personal decision to go above and beyond what I am required to do by law.

On a party boat what could the captain do? He can't force the offenders to release the fish. I'd wager that the fish were destined to be sold and weren't cleaned by the crew. We don't know where the "tip" came from, it could have been from the Captain for all we know.

So when 'M____' or one of the other boats out of Galilee got popped for taking short blackfish, the fares got fined and not the Captain?

that's not what I heard.

Again. 1 or 2 fish, no big deal.
108 fish in one cooler?!? the Captain/Mate knew and should have called DEP himself.

toaster816
03-07-2012, 02:34 PM
How is this even up for debate? A Captain should not ignore customers breaking the law aboard his boat. Fail.

MakoMike
03-08-2012, 12:16 PM
How is this even up for debate? A Captain should not ignore customers breaking the law aboard his boat. Fail.

what would you have him do, forcibly remove the fish from the customers coolers? This is a party boat, he can't threaten to cut the trip short and return to port, like I would do for a private charter.

RIROCKHOUND
03-08-2012, 01:11 PM
what would you have him do, forcibly remove the fish from the customers coolers? This is a party boat, he can't threaten to cut the trip short and return to port, like I would do for a private charter.

You're killing me here Mike. I feel like a broken record.
If he knew this was going on, do you think he should have called DEP himself and had them waiting at the dock?

I think that is the least they could have done. Otherwise, to me, it looks like they turned a blind eye and probably got a nice tip from those guys.

for what it's worth, running the tour boat, if 1 passenger got out of hand (i.e. #^&#^&#^&#^&faced drunk, or the time we had a kid rip bottles of booze right off the bar during a charter), I went back to the dock early. They had to explain firsthand to the other people (and in the kids case, his parents and coach) why the trip was over so suddenly at the captains discretion!

Saltheart
03-08-2012, 01:19 PM
Maybe he could have said....You cannot keep illegal fish on this boat. Stop catching them , throw what you have overboard or the DEP will be waiting at the dock for you when we return.

Gee , that's pretty simple isn't it?

t.orlando
03-08-2012, 01:41 PM
If over 2/3rds the catch is an out of season species, hard to say the capt. wasn't targeting them.

macojoe
03-09-2012, 12:55 AM
I think that is the least they could have done. Otherwise, to me, it looks like they turned a blind eye and probably got a nice tip from those guys.


t.orlando If over 2/3rds the catch is an out of season species, hard to say the capt. wasn't targeting them.

The DEP was not on his boat under cover cause this was his first time!!
This boat has been doing it for a while I am sure, or why else they watching him??

likwid
03-09-2012, 06:53 AM
what would you have him do, forcibly remove the fish from the customers coolers? This is a party boat, he can't threaten to cut the trip short and return to port, like I would do for a private charter.

You really need to reread R&R on having a ticket. The captain IS responsible for him, his crew, and his fares observing all applicable laws. Thats by the letter, not by "what you feel like it means".

MakoMike
03-09-2012, 11:28 AM
You're killing me here Mike. I feel like a broken record.
If he knew this was going on, do you think he should have called DEP himself and had them waiting at the dock?

I think that is the least they could have done. Otherwise, to me, it looks like they turned a blind eye and probably got a nice tip from those guys.

for what it's worth, running the tour boat, if 1 passenger got out of hand (i.e. #^&#^&#^&#^&faced drunk, or the time we had a kid rip bottles of booze right off the bar during a charter), I went back to the dock early. They had to explain firsthand to the other people (and in the kids case, his parents and coach) why the trip was over so suddenly at the captains discretion!

Bryan,
They were 60 miles offshore, and it was only a handful of the passengers keeping the fish. He would have had to refund all the other passengers their fare, what would you do if you were in that position? Take a couple of thousand dollar loss of keep fishing? How do we know that it wasn't him that tipped the DEP?

RIROCKHOUND
03-09-2012, 11:30 AM
How do we know that it wasn't him that tipped the DEP?

We don't. And I hope he did, but my gut says this was not the case....

MakoMike
03-09-2012, 11:30 AM
If over 2/3rds the catch is an out of season species, hard to say the capt. wasn't targeting them.

Where did you read that it was 2/3 of the catch?

MakoMike
03-09-2012, 11:32 AM
The DEP was not on his boat under cover cause this was his first time!!
This boat has been doing it for a while I am sure, or why else they watching him??

First of all they weren't watching him, they were watching the fares. Secondly, how do you know it wasn't him that tipped the DEP?

MakoMike
03-09-2012, 11:33 AM
You really need to reread R&R on having a ticket. The captain IS responsible for him, his crew, and his fares observing all applicable laws. Thats by the letter, not by "what you feel like it means".

You had better read read the R&R, the Captain is responsible for himself and his crew, not for the fares.

macojoe
03-09-2012, 11:58 AM
First of all they weren't watching him, they were watching the fares.

Thats right, they were on a self powered boat that searches for fish!

Secondly, how do you know it wasn't him that tipped the DEP?

How do you know it was?

DEP and customers heard this boat does not go buy the rules, that's why they were there!
And who allows that rumor to get going??

I am sorry but this Captain is not a inosinate person!

MAKAI
03-09-2012, 01:48 PM
Why do they bother arresting get away drivers. " I didn't know they were gonna rob the bank! "
Posted from my iPhone/Mobile device

MakoMike
03-09-2012, 03:50 PM
Why do they bother arresting get away drivers. " I didn't know they were gonna rob the bank! "
Posted from my iPhone/Mobile device

Thanks for proving my point, the captain was NOT cited, do you really think they would let him off if he was guilty of something?

zacs
03-09-2012, 04:22 PM
Thanks for proving my point, the captain was NOT cited, do you really think they would let him off if he was guilty of something?

why not? happens all the time...

MAKAI
03-09-2012, 05:16 PM
So the poor captain was helpless as the dirtbag poachers ran amok on his vessel.
He turned a blind eye to it as I would bet was his normal MO. Moral coward, most Captains I know have enough clank in their balls not to allow that.
Stop defending your binky. He may not be charged but he was dead wrong.

MakoMike
03-09-2012, 05:42 PM
So the poor captain was helpless as the dirtbag poachers ran amok on his vessel.
He turned a blind eye to it as I would bet was his normal MO. Moral coward, most Captains I know have enough clank in their balls not to allow that.
Stop defending your binky. He may not be charged but he was dead wrong.

So again I'll ask, what do you think he should have done? Forcibly remove the fish from the cooler? Personally I don't even know the man.

And to answer Pat's question, yes he is Tony Bogan's brother (I think, I know they are related)

t.orlando
03-09-2012, 06:19 PM
Where did you read that it was 2/3 of the catch?

2400lbs of fish with 819 seabass. I just factored a 2lb average on the seabass, which shouldn't be unreasonable.

macojoe
03-09-2012, 07:58 PM
I say we all hire Mako's boat and go fishing!! We take what we want he can't say or do crap! I am going to tell all that I know to call on his boat, he great!! He no cares what you take!!
Hey I know lets go on SB Fluke trip with him soon!! Be a great NO FUSS TRIP!!

MAKAI
03-09-2012, 08:01 PM
So again I'll ask, what do you think he should have done? Forcibly remove the fish from the cooler? Personally I don't even know the man.

And to answer Pat's question, yes he is Tony Bogan's brother (I think, I know they are related)

If sea bass are not the targeted fish, and that's a big if, once you or the crew see a few illegal fish going in the coolers, you ball up and tell them it is not allowed. Or you will pull the hook and go home.

No way said captain had his head so far up his ass he wasn't aware what was going on.

Sometimes it ain't about the "F" ing money. It's about doing the right thing. Not being afraid to be the Man. My God what a timid country we became.