Seine netter being a real jerk to sporties and orcas (video)

[Chasin Baitman]

It was a bad scene out there with the tribal netters today.  There was alot of tension between sporties and netters.  Instigated by the netters I might add.  This boat "Kelly Anne" blared their horn and forced their way into the middle of a bunch of sportfishers, dropped their net boat, bore down on me, then dragged their net into a pod of orcas. I got a video. It's a bit rough but you can see what's going on.

https://www.youtube.com/watch?v=CPqS-4gDiu8&feature=youtu.be

I get so pissed that these guys operate with impunity.  Actions like this show they not care about wildlife, they have no fear of punishment.  Recreational boats sneeze in the direction of whales and get a ticket. 

I think they are getting more and more desperate because they haven't been doing well this year. 

[Markshoreline]

Ummmm,  isn't that ILLEGAL?

[Chasin Baitman]

Ummmm,  isn't that ILLEGAL?

Tribal fisherman apparently don't think laws apply to them

[Markshoreline]

Federal laws do, I believe.

[Tunacious]

I worked Fish and Wildlife Enforcement for the Oregon State Police for over 15 years.  I was in charge of the Fish and Wildlife Division for 5 years before moving back into narcotics.  I attempted to prosecute Tribal members several times.  Each time I was sure they would be prosecuted.  Each time "No Prosecution".  Great air tight cases and nothing.
Most of the tribes in Oregon have agreements with the state that the tribal members will be prosecuted in Tribal Court.
My experience with this was they were dismissed for no apparent reason.  One time the offender was catching over sized sturgeon from the columbia and selling the fish and caviar to the Eastern Community members in Portland.  The Tribal Court found the person guilty and the fine was the person was required to catch more sturgeon to provide them to the elders of the community.  This only gave the offender the opportunity to be legally on the water to catch more over sized fish.
When you prosecute Tribal members federally, there is a group in Washington DC that has to approve the case before they can be prosecuted.  I have seen cases never leave the desk of the committee.  It is rare and in fact I have never seen a case get through the committee.
Oregon Department of Fish and Wildlife capture undersized sturgeon below the dams on the columbia and then release them in the pools above the dams.  Yet the fish above the dams continue to decline.  I have worked cases and spoken to tribal member that show the tribal members will catch the undersized fish above the dams and sell them.  It's a very complicated issue.  Alcoholism, drugs and poverty is part of the cause.
Another issue with the sturgeon is ODFW capture and tag fish in the pools above the dam to determine how many sturgeon the Tribal members can catch during the commercial season.  Here is the kicker; the law says that the ODFW has to hire tribal members to perform the capturing and tagging of the fish.  What this does is quarantines  an opportunity for the person performing the commercial fishing to capture and tag the fish to determine how many fish they will be able to catch later in the year.  It is a self reporting system  :big shock:
I could go on and on  :hobby:
Penquin

[Salmon King]

Yet ANOTHER reason for me to fish close to home and avoid these a$$wipes altogether.

Until we close down the commercial fishery in Puget Sound (can you say never gonna happen?)
things like this will continue.
Sporties will get mad, Commies don't care and Tribal Commies (as a whole) care even less.
Their object is to restrict all fishing to Commercial boats only and eliminate the sport fishermen.
They are doing a pretty good job at it too....I personally know of 13 guys that have sold their boats and now will only fish from the beach because of actions like this Kelly Ann.
I used to say there's never a Cop around when you need one but nowdays...it don't even matter if they are there or not.

[StreamFixer]

Fishing immediately south of B10 (red buoy) just after noon today, the seiner 'Raven' ( outbound) decided to pass to the south of the buoy (where we were fishing).  Great clear visibility, no other traffic in the vicinity, just started blowing their horn for us to get out of their way while swerving slightly to apparently get a good bead on us.  We moved...

They passed between us and the buoy (south side of the buoy).  Probably still giggling about making the sporty move out of the way.   :nono:

StreamFixer

*shipping lanes were on the north side of the buoy

[Markshoreline]

Penguin,
Your story makes me sad.  Why do laws only apply to some but not others? 
I don't get it...

[HemiGTX]

"All the animals are equal, but some animals are more equal than others."
George Orwell- Animal Farm

[Chasin Baitman]

Penquin - thanks for your input.  You're a great resource for this site both for your past experiences and your current adventures!

So, I heard back from WDFW and as it turns out, Kelly Anne's actions - both bearing down on me and setting in the path of orcas - is COMPLETELY LEGAL!!!

Any vessels in the  path of a commercial that is actively setting or retrieving a net must move out of the way.  OK, but what's worse...

State and the Federal whale regulations are written vessels "Lawfully engaging in a treaty Indian or commercial fishery that is actively setting, retrieving, or closely tending fishing gear" are exempt from the regulation.

http://app.leg.wa.gov/RCW/default.aspx?cite=77.15.740

The government (WDFW and NOAA) sure talks big about protecting marine mammals, but how serious can they really be about it if commercials are exempt?  It's a double-standard.

[Markshoreline]

OMG!

[GoodDays]

In Canada, it wouldn't be the licensing regime the vessel is fishing under but the actual activity that would dictate that the vessel has "right of way"
I would assume tht it's the same in The US. 
A "vessel engaged in fishing" has right of way due to it's restricted ability to manouver.
By definition, a vessel engaged in fishing means fishing with nets. It specifically states that a vessel fishing with lines is not a "vessel engaged in fishing" for the purposes of the Canada Shipping Act.
As for the interference with the Killer Whale ? That may be a different story. But without actually being there and seeing the before during and after it's hard to say.
Here we have prosecuted many people successfully and quite severely for  disturbing or harassing marine mammals

GoodDays Greg

[Jwoo 1800]

It's pretty much the same south of the border Greg. Actively fishing has the right of way. The only problem I see with using that as a defense here is that the FV wasn't actively fishing while barreling into the middle of the sporties. He didn't start dropping nets till in the middle of them. You'd most likely never get anybody to actually site this guy but I think with footage you could argue the point that he was just asserting his assumed right to be there and winning the $&@" measuring contest.

Jon


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[GoodDays]

Yes, sometimes the "law of gross tonnage " wins out

Greg