A fisherman was cleared of fishing without a licence after a judge ruled the authority which provides the licence was unclear. Jason Steele, of Lower Cabry, Quigley’s Point, was accused of fishing without a licence on Lough Swilly on September 21, 2015. He denied the charges before him at Carndonagh District Court. Fishery officer Seamus Bradley told the court he received a report of illegal oyster fishing on Lough Swilly so at 12.45pm on September 21 he launched the patrol boat from Rathmullan. Mr Bradley said himself and fishery officer James Doherty checked a number of boats for licences and undersized oysters. He explained how they boarded a boat fishing vessel, belonging to Mr Steele, which was fishing for oysters on Russell’s Bed. “I asked him if he had a licence to fish for native oysters on Lough Swilly, he replied no so I cautioned him. I observed 20-25kgs of oysters on board.” Mr Bradley said he seized the oysters and returned them to the oyster’s beds. He explained that Mr. Steele’s boat was 30 foot long with a large mechanical dredge on the back that is used for fishing for oysters. continue reading the story here 10:26
Tag Archives: justice
Kelly Bullis: Fishermen might hurt the IRS
Now here is a whopper of a fishing story! The current session of the U.S. Supreme Court has an interesting case on the docket. If they rule in favor of the plaintiffs, it could end up changing a long-standing rule from a prior Supreme Court ruling of almost 40 years ago which underpins the ability of the IRS to do its job. The case is about regulation of fishing boats. And the old Supreme Court doctrine at risk is called the “Chevron Deference Doctrine.” The “Chevron Deference Doctrine” was a coined name that came from a famous landmark case “Chevron USA Inc vs. Natural Resources Defense Council Inc” back in 1984. The Supreme Court set forth a legal test as to when a court should defer to an agency’s answer or interpretation, holding that such judicial deference is appropriate where the agency’s answer was not unreasonable, so long as Congress had not spoken directly to the precise issue at question. >>click to read<< 13:38
Charges dropped against Sipekne’katik fisherman who had his boat burned
A Mi’kmaq fisherman whose boat was stolen and burned in October had three fisheries regulation charges against him dismissed last week. Alex McDonald, a member of the Sipekne’katik band, had been charged with fishing for lobster out of season, catching shellfish in breach of regulations and a lobster tag violation. McDonald, 56, was to appear in Digby provincial court on Feb. 23 but the federal Crown asked to have the charges dismissed. >click to read<21:22
Judge gives fisherman ‘benefit of doubt’ in row over oyster dredges
How Destroying Fish Is Not Like Destroying Financial Records – Click Here
Overcriminalization is a significant problem in the United States, particularly federal overcriminalization. There are a variety of reasons for this, but one is that federal prosecutors consistently stretch laws to encompass conduct that the law was never meant to cover. Normal people who committed minor infractions will often find themselves facing long prison sentences that are entirely disproportionate to the wrongness of the act. Such is the case in an upcoming Supreme Court case, Yates v. United States. While commercial fishing in the Gulf of Mexico, John Yates Read more here 20:25
Fed panel backs $150M in fishing aid – U.S. Senate Appropriations Committee also OKs research mandates for NOAA
The U.S. Senate Appropriations Committee has included $150 million for fisheries disasters in its fiscal 2014 budget proposal for the Department of Commerce, Justice, Science and related agencies.And the budget measure includes a number of other directives aimed at the National Oceanic and Atmospheric Administration, including a proposed requirement that NOAA charter private and commercial fishing boats to carry out cooperative research with an eye toward addressing a long standing gulf between NOAA and the industry regarding credible fisheries science. continued@GDT
Senator Murkowski Grills acting Commerce Secretary Rebecca Blank on Observer Policy
Alaska Senator Lisa Murkowski questioned acting Commerce Secretary Rebecca Blank on several ocean policy issues facing Alaskan coastal communities during a Commerce, Justice, and Science Appropriations Subcommittee hearing last week. Topics ranged from the federal fisheries observer program to Japanese tsunami debris clean up, among other things. continued – audio
Editorial: Unjust debt cuts, fish report need prompt attention GDT – Cameron Kerry, sits at the flashpoint
Enough is enough. And answers are needed to each of these issues — not in January, but now.
Look, 550 pages is comprehensive enough, and aptly named acting Commerce Rebecca Blank needs to turn it over now, without any additional comments or responses apparently being added in-house. Again, Tierney, Brown and all of their colleagues need to begin next week making the case not only for the release of this document, but for a federal prosecutor with subpoena power to step in and give NOAA’s entire enforcement record the true investigation that’s needed. http://www.gloucestertimes.com/opinion/x121543028/Editorial-Unjust-debt-cuts-fish-report-need-prompt-attention
Sometimes all it takes is a comment to remind me of why I started doing this. Activism.
An article in the Washinton Examiner was posted. “A fisherman sues the feds for acting like crooks” August 16, 2012 by Ron Arnold. From the article: As raw December 1998 swept over the Atlantic off New Bedford, Mass., scallop fisherman Larry Yacubian brought around his boat, Independence, hailed by the Coast Guard. The officers who boarded his fishing vessel didn’t tell Yacubian it was a setup to coerce out of him a ruinous fine and to destroy his life so thoroughly he could never get it back…… Two weeks ago, Captain Yacubian filed the lawsuit that may well restore his money and his life after nearly 15 years of gut-wrenching bludgeoning by the NOAA.
I was going through my emails and saw this [email protected] , Kligo, First: How is the government responsible for a case 15 years ago. Second: Do you think once a government changes that everybody is fired and every position refilled with “conforming” ones? Third: Illegal presidency?
I did respond and linked some articles that he needed to read.
http://www.fishnet-usa.com/NOAA_OLE_GCEL%20Shakedown.htm
http://www.fishnet-usa.com/Decade_of_law_enforcement.pdf
http://washingtonexaminer.com/a-fisherman-sues-the-feds-for-acting-like-crooks/article/2505139
Activism. Live it. Be it.
