An interesting case involving an alleged trawling violation has been pending quietly for about a year and a half in Kodiak District Court.
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.
