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Another good striped bass bust

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CWitek

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While picking up * food today i noticed a table with an impressive chaffing dish served… said they prepare “whole fish” like that. Striped bass or Tilaphia (:upchuck:). Wonder if the bass is legit ..

 

*

Edited by TimS
Please use better words

I'll ignore your cheap aroma,

and your little-bo-peep diploma,

I'll just put you in a coma,

with some dirty love-

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Poachers suck and should be HEAVILY fined and boats, trucks and gear confiscated. 

"A GAMEFISH (which striped bass should be) Is too valuable to be caught only once"...Lee Wulff

 

When the people fear the government, there is tyranny. When the government fears the people, there is liberty" - Thomas Jefferson

 

"I'm from the government, and I'm here to help." Most dangerous words in the English language...Ronald Reagan

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26 mins ago, Jig It said:

Risk vs reward.

Increase the risk in form of more enforcement and/or stronger penalties should do the trick.

That's the problem - increasing enforcement is not going to happen, it's far too expensive. Stronger penalties is the only way poaching is ever going to be impacted. And courts/judges/towns don't have the stomach to implement punishments that would actually act as a deterrent. I wouldn't expect anything to change...pretty much ever. Commercial poaching operations are going to continue to flourish and pay the minimal fines the very few times they get caught. And they'll be back at it tomorrow. 

Show someone how to catch striped bass and they'll be ready to fish anywhere.
Show someone where to go striped bass fishing and you'll have a desperate report chaser with loose lips.

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9 hours ago, hydraman said:

Commercials poaching man I thought these guys were the honest ones. 

Just good’ol hard working folk!

ASMFC - Destroying public resources and fisheries one stock at a time since 1942.

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There should be no bass allowed to be sold commercially. "Game fish" status is the only hope. No restaurant or store should be able to sell bass.  Works perfectly in FL with Snook.. 

It won't happen I'm afraid. BTW it has to be a Federal law covering all states.

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17 mins ago, dangingras said:

Why is there so much reluctance to name the parties involved? 

That's always the case with these dirtbags.

ASMFC - Destroying public resources and fisheries one stock at a time since 1942.

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13 hours ago, LowEnd said:

What good would come from taking their license away? None!

They are already fishing illegal so why would they care if it is legit or not with no lience?

The answer would be to take the boat but the State can’t afford to keep storage of such until a trial happens. And even then they would pay a fine and get it back.

Boat should be scudeled and that would end the issue.

 

 

They're already fishing illegally, but they were largely flying under the radar.  They had to be boarded and checked to get caught.

 

Suspend a license, let the local ECOs know, and they can't venture out onto the water.  As soon as they're spotted, they're going to be stopped.

 

It's surprising what the ECOs know.  I've spoken to them more than once about someone violating some regulation/law or another, and the answer I've invariably gotten was a description of the potential violator that was better than the one that I gave, and the assurance that they were being watched, and would be boarded as soon as they could be caught in the act.

 

The problem is getting the case in front of a judge who cares.  Too often, the case goes to a town/village court, where the judge is elected and comes out of the town's population, and so isn't too likely to be hard on the poachers.

"I have always believed that outdoor writers who come out against fish and wildlife conservation are in the wrong business. To me, it makes as much sense golf writers coming out against grass.."  --  Ted Williams

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13 hours ago, cheech said:

Were these all fish in a legal slot, no shorts or overs? Basically all 10 pounders?

Remember that the commercial slot is 26 to 38 inches, so yes, it seems that they were in the slot.  But not necessarily 10 pounds,.

"I have always believed that outdoor writers who come out against fish and wildlife conservation are in the wrong business. To me, it makes as much sense golf writers coming out against grass.."  --  Ted Williams

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13 hours ago, phishallways said:

While picking up * food today i noticed a table with an impressive chaffing dish served… said they prepare “whole fish” like that. Striped bass or Tilaphia (:upchuck:). Wonder if the bass is legit ..

 

*

Probably farmed bass, which are relatively cheap.

"I have always believed that outdoor writers who come out against fish and wildlife conservation are in the wrong business. To me, it makes as much sense golf writers coming out against grass.."  --  Ted Williams

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10 hours ago, TimS said:

That's the problem - increasing enforcement is not going to happen, it's far too expensive. Stronger penalties is the only way poaching is ever going to be impacted. And courts/judges/towns don't have the stomach to implement punishments that would actually act as a deterrent. I wouldn't expect anything to change...pretty much ever. Commercial poaching operations are going to continue to flourish and pay the minimal fines the very few times they get caught. And they'll be back at it tomorrow. 

The sad thing is that New York's saltwater anglers had a chance to double the size of the Marine Enforcement Unit, and they told the DEC that they didn't think it was all that important.

 

When the DEC considered a salt water fishing license last year, they made it clear that enhanced enforcement would be one of the first uses of the license.  I sat in on multiple meetings, and those revenues would have doubled the size of the MEU.  But when they surveyed anglers, the majority opposed the license proposal.  They apparently decided that it wasn't worth $10/year to make life tougher for the poachers.

 

And thus they shouldn't complain.

"I have always believed that outdoor writers who come out against fish and wildlife conservation are in the wrong business. To me, it makes as much sense golf writers coming out against grass.."  --  Ted Williams

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15 hours ago, TimS said:

I agree, but anything law enforcement can do to mess them up, hassle them, cost them money or make them think twice next time is better than nothing. Not by much...but it's better than nothing...

The key is getting the case out of the town courts and into the state court system.  I'm not sure what the value of the bass involved in this case was, but if it was over $1,500, the matter becomes an E felony under the below law, and that might--I don't practice criminal law, and so can't revall what crimes the town courts has jurisdiction over--make a difference.

 

You'll note that for values under $1,500, the penalties are spelled out in the illegal commercialization statute, but at the felony level, penalties are determined by the Penal Law.  But, again, it will come down to the question of whether the town court has jurisdiction to adjudicate an E felony, which could result in a jail sentence of up to 4 years, along with a sizeable fine.  I don't know the answer to that.

 

New York Consolidated Laws, Environmental Conservation Law - ENV § 71-0924. Illegal commercialization of fish, shellfish, crustaceans, and wildlife

Current as of January 01, 2021 | Updated by FindLaw Staff

Notwithstanding any other provision of this chapter, when a violation involves the sale, trade or barter of fish, shellfish, crustaceans, wildlife, or parts thereof, the sale, trade or barter of which is prohibited by the fish and wildlife law, the following additional penalties shall be imposed:

1. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, is two hundred fifty dollars or less, the offense shall be a violation punishable by a fine of five hundred dollars and/or not more than fifteen days of imprisonment;

2. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, is more than two hundred fifty dollars but does not exceed one thousand five hundred dollars, the offense shall be a misdemeanor punishable by a fine of five thousand dollars and/or not more than one year of imprisonment;  

3. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, exceeds one thousand five hundred dollars, the offense shall constitute a class E felony under the provisions of the penal law;  and

4. where the value of ivory articles, as defined in section 11-0535-a of this chapter, exceeds twenty-five thousand dollars, the offense shall constitute a class D felony under the provisions of the penal law.

5. For the purposes of this section the value of fish, shellfish, crustaceans and wildlife shall be the fair market value of or actual price paid for such resource, whichever is greater.  For purposes of this section, “sale” shall include the acts of selling, trading or bartering and all related acts, such as the act of offering for sale, trade or barter, and shall also include the illegal possession of fish, shellfish, wildlife or crustacea with intent to sell.  It shall be presumptive evidence of possession with intent to sell when such fish, shellfish, wildlife or crustacea is possessed in quantities exceeding the allowable recreational quantities, or is possessed in a retail or wholesale outlet commonly used for the buying or selling of such fish, shellfish, wildlife or crustacea, provided, however, that nothing in this subdivision shall preclude the admission of other evidence which may serve to independently prove a defendant's intent to sell.

 

"I have always believed that outdoor writers who come out against fish and wildlife conservation are in the wrong business. To me, it makes as much sense golf writers coming out against grass.."  --  Ted Williams

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