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DarkSkies
11-25-2011, 10:40 PM
Sent in by Fin, thanks!


Officially, I try to tell people to follow the rules. When people flout them, there's the possibility of everyone flouting them. However, there are some cases where gov't intervention goes way overboard, IMO.

Anyone else have different opinions here?



http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20111121/NEWS/111129971/-1/NEWS01

New Bedford fisherman forced to give up 800-pound tuna


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http://www.capecodonline.com/apps/pbcsi.dll/bilde?Site=CC&Date=20111121&Category=NEWS&ArtNo=111129971&Ref=AR&maxH=230&maxW=370&border=0&Q=80&cb=20111121083500 (javascript:NewWindow(870,750,window.document.loca tion+'&Template=photos');)

Carlos Rafael conducts business on the bridge of the F/V Athena. New Bedford fishing boat owner Carlos Rafael is on of the most influential person on the waterfront. Mr. Rafael who owns over 40 fishing boats is an icon on the waterfront.PETER PEREIRA/The Standard-Times



By DON CUDDY
doncuddy@s-t.com



November 21, 2011

This fish story may lack the epic qualities of Ernest Hemingway's 1952 classic“The Old Man and the Sea,” but for New Bedford's Carlos Rafael, the outcome was about the same. In both cases, despite capturing and bringing home a huge fish, powerful circum­stances conspired to deprive the luckless fishermen of a potentially huge reward.
Boat owner Rafael, a big player in the local fishing industry, was elated when the crew of his 76-foot steel dragger Apollo told him they had unwittingly captured a giant bluefin tuna in their trawl gear while fishing offshore.

“They didn't catch that fish on the bottom,” he said. “They probably got it in the mid­water when they were setting out and it just got corralled in the net. That only happens once in a blue moon.”
Rafael, who in the last four years purchased 15 tuna permits for his groundfish boats to cover just such an eventuality, imme­diately called a bluefin tuna hot line maintained by fishery regu­lators to report the catch.

When the weather offshore deteriorated, the Apollo decided to seek shelter in Provincetown Harbor on Nov. 12. Rafael imme­diately set off in a truck to meet the boat.
“I wanted to sell the fish while it was fresh instead of letting it age on the boat,”he said.“It was a beautiful fish.”

It was also a lucrative one. Highly prized in Japan, a 754­pound specimen fetched a record price at a Tokyo auction in January this year, selling for nearly $396,000. These fish can grow to enormous size. The world record for a bluefin, which has stood since 1979, was set when a 1,496-pound specimen was caught off Nova Scotia.
However, when Rafael rolled down the dock in Provincetown there was an unexpected and unwelcome development. The authorities were waiting. Agents from the National Oceanic and Atmospheric Administration's Office of Law Enforcement informed him they were confis­cating his fish — all 881 pounds of it.

Even though the catch had been declared and the boat had a tuna permit, the rules do not allow fishermen to catch bluefin tuna in a net.
“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.”
In any case, after being towed for more than two hours in the net, the fish was already dead when the Apollo hauled back its gear, he said.

“What are we supposed to do?” he asked. “They said they were going to give me a warn­ing,” Rafael said. “I think I'm going to surrender all my tuna permits now. What good are they if I can't catch them?”
No charges have yet been filed in connection with the catch, but a written warning is anticipated, according to Chris­tine Patrick, a public affairs specialist with NOAA who said the fish has been forfeited and will be sold on consignment overseas. Proceeds from the sale of the fish will be held in an account pending final reso­lution of the case, NOAA said. No information on the value of the fish was available Friday.
“The matter is still under investigation,”said Monica Allen, deputy director with NOAA Fisheries public affairs. “If it's determined that there has been a violation, the money will go into the asset forfeiture fund.”
“I think I'm going to sur­render all my tuna permits now. What good are they if I can't catch them?”

BassBuddah
11-25-2011, 10:58 PM
Good point about if the rules are not followed there will be chaos. I think in this situation you have all the tuna in the US caught and controlled by 3 or 4 families and corps. Something is not right about that, nor is fining a guy 10,000 dollars for catching one tuna without a permit. My .02

surferman
11-26-2011, 07:30 PM
10 thousand dollar fine that's crazy.

dogfish
11-28-2011, 03:42 PM
Why would they sell him the permit if it didn't cover him? I understand the netting part, but they should make an exception in this case. jmo.