Now, the matter seems to be heating up.
The defendant, Steven Spain, who was operator of the fishing vessel Mar Pacifico, has filed a motion to dismiss the case against him.
The Alaska Office of Special Prosecutions appears determined to press on with the case, filing this 19-page opposition to the motion to dismiss.
Spain, 63, is charged with a misdemeanor. He's accused of operating nonpelagic trawl gear in state waters closed to such gear.
The case raises an important question for the fishing industry: What constitutes a pelagic trawl — that is, gear that doesn't contact the bottom?
The complaint filed against Spain says a claimed pelagic trawl net on the Mar Pacifico had prohibited attachments including chafing gear and chain rib lines "making this net suitable for fishing on the seabed."
Prosecutors argue the state definition of pelagic trawl gear is clear.
Their opposition filing includes details about Operation Bottom Drag, an enforcement action said to have reverberated throughout the trawl industry.
4 comments:
What a chickenshit case!
A targeted enforcement action from the start.
The state fails to mention that the chain rib lines and chafing gear was on his codend. Chafing gear on a codend is utilized to protect the expensive web from a boat's trawl ramp or deck. No one in their right mind drags a codend on the bottom...pelagic or nonpelagic.
Using this logic, chafing web strips on seines should be illegal, too.
Good case. Every fishery should follow the rules.
There has to be a solution. The expensive fishing gear has to be protected while at the same time staying off the bottom to the best extent possible.
Notifications as to when the gear nears bottom should assist in protecting the fishing equipment and the seafloor against damage.
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