Man's giant Tuna fish catch taken by the feds.

[Justin]

http://news.yahoo.com/blogs/sideshow/man-catches-881-pound-tuna-seized-feds-194650751.html



Carlos Rafael stands next to the 881-pound tuna caught by his fishing crew. Photo credit: …

A Massachusetts fisherman pulled in an 881-pound tuna this week only to have the federal authorities take it away. It sounds like a libertarian twist on the classic novella by Ernest Hemingway, The Old Man and the Sea, but for Carlos Rafael, the saga is completely true.

Rafael and his crew were using nets to catch bottom-dwellers when they inadvertently snagged the giant tuna. However, federal fishery enforcement agents took control of the behemoth when the boat returned to port. The reason for the seizure was procedural: While Rafael had the appropriate permits, fishermen are only allowed to catch tuna with a rod and reel.

It would seem that unlike the fictional New England shark hunters in Jaws, Rafael didn't need a bigger boat, just a better permit.


In an interview with the Standard-Times of New Bedford, Rafael disputes the claims from the National Oceanic and Atmospheric Administration's (NOAA) enforcement division that the humungous tuna was trawled from the bottom of the Atlantic. "They didn't catch that fish on the bottom," he said. "They probably got it in the mid-water when they were setting out and it just got corralled in the net. That only happens once in a blue moon."

And while Rafael is denied the mother of all fish stories, the federal impoundment of his catch also means he's probably losing out on a giant payday. A 754-pound tuna recently sold for nearly $396,000. NOAA regulators do not share any of the proceeds from the fish's eventual sale with a fisherman found in violation of federal rules.

"They said it had to be caught with rod and reel," a frustrated Rafael said. "We didn't try to hide anything. We did everything by the book. Nobody ever told me we couldn't catch it with a net."



I like this quote from the comments, "Give a man a fish and he will eat for a day, teach him how to fish and he will get his 881 pounds tuna stolen away."

[Richard Simmons]

Guess it's pretty much like snagging fish or shooting a deer with a rifle during bow season. Yes you have a fishing license, yes you have a deer permit but you have to follow the laws pertaining to each.

[Justin]

Guess it's pretty much like snagging fish or shooting a deer with a rifle during bow season. Yes you have a fishing license, yes you have a deer permit but you have to follow the laws pertaining to each.

I'm not so sure about that analogy, at least you can see your target when you're out hunting deer. How can you see what you're about to catch in the deep, and dark ocean?

[Richard Simmons]

I'm not so sure about that analogy, at least you can see your target when you're out hunting deer. How can you see what you're about to catch in the deep, and dark ocean?

That's true but that fact doesn't make an illegal catch legal. If your fishing with a rod and reel and when you pull in your line a lobster is hanging on your bait. Does that make the lobster a legal catch or just an accidental, illegal catch?

[El Laton Caliente]

The law is there to keep purse seiners from over fishing the big blue tuna breeders. They like the swordfish are becoming a threatened if not endangered species from over fishing. The average swordfish going to market now is a pre-breeding juvinile and the 1,000+ breeders are all but gone nearly world wide.

[alismith]

This guy is a great fisherman! Everyone has to have a story of the "one that got away," but his is more like the one that was "taken away."

He can have a seat in my canoe anytime. We'll share the beer and really have some fish stories to tell when we get back.

I almost caught an owl the last time I went night fishing on the river. Not only would that have been real hard to explain to the DNR, but it would have been a real bitch getting him off those double treble hooks.

[Mark Ducati]

Note to self: If I ever net a TunaZilla, stick a hook in its mouth!

[mriddick]

I bet he keeps a rod and reel in his boat from here on out....

Yea it's a painful lesson but it's the only way you can probably police it.

[shorthair]

Not really. Take the farmer that's disking with a rifle in the cab! Out of season or not.

[Ronwicp]

If it were a 50 dollar fish no one would have cared.

[deth502]

sucks to be him, but ignorance of the law is no excuse.

imo, as a professional fisherman, he should have taken the time to know this shit. i AM NOT a professional hunter, yet, each year, i read through the entire current season list of regs that they give you with your license. i know what firearms are legal for taking what game, minimum caliber requirements, seasons and bag limits, ect... for someone depending on these thins for a living, you would think that learning things like this would be a first priority.

[1 Patriot-of-many]

How exactly do they know he caught it with a net rather than rod and reel? Can't imagine there wouldn't be a rod and reel onboard......

[1 Patriot-of-many]

sucks to be him, but ignorance of the law is no excuse.

imo, as a professional fisherman, he should have taken the time to know this shit. i AM NOT a professional hunter, yet, each year, i read through the entire current season list of regs that they give you with your license. i know what firearms are legal for taking what game, minimum caliber requirements, seasons and bag limits, ect... for someone depending on these thins for a living, you would think that learning things like this would be a first priority.
Seriously? How many laws on the books now? How many reinterpretations of reinterpretations by every federal agency in the US?

[1 Patriot-of-many]

Note to self: If I ever net a TunaZilla, stick a hook in its mouth!
Bingo, or shut your mouth as in 4th amendment, sue later.

[LAGC]

Bingo, or shut your mouth as in 4th amendment, sue later.

Don't you mean Fifth Amendment? ;)

[1 Patriot-of-many]

Don't you mean Fifth Amendment? ;) oops, yes.....

[mriddick]

The 4th deals with searches and seizures. However being a commercial fisherman I do not think he has the same rights an individual does, chances are with the permits came permissions automatically.

As far as this story goes, I'm setting in central KY and I know you can only catch tuna with a rod (thanks discovery channel). I've never fished for tuna but if I know it I would assume a professional fisherman should. It does suck to be him.

[Schuetzenman]

How exactly do they know he caught it with a net rather than rod and reel? Can't imagine there wouldn't be a rod and reel onboard......

They were probably honest enough to say it came up in their net. Should of lied their asses off.

[deth502]

Seriously? How many laws on the books now? How many reinterpretations of reinterpretations by every federal agency in the US?

state game commission laws are not governed by ANY federal agencies. nor are they governed or enforced by any other agencies within the state. again, a little bit of literacy can go a long way.

[deth502]

They were probably honest enough to say it came up in their net. Should of lied their asses off.

hence my previous reply. i think they were honest. i dont think they tried to lie about anything. i just dont think they took the time to actually read any of the game laws pertaining to their quarry. like i said, really sucks to be them, but ignorance of the law is no excuse.

[1 Patriot-of-many]

state game commission laws are not governed by ANY federal agencies. nor are they governed or enforced by any other agencies within the state. again, a little bit of literacy can go a long way.
Yes I agree with the latter..... :)

A Massachusetts fisherman pulled in an 881-pound tuna this week only to have the federal authorities take it away.

[Ronwicp]

Saw the interview with this guy. He doesnt know anything about tuna other than they sometimes get caught in his net. So not wanting to waste the big fishies he bought tuna tags for those "just in case moments".

Its not surprising he didnt know the tuna rules.

[deth502]

Yes I agree with the latter..... :)

A Massachusetts fisherman pulled in an 881-pound tuna this week only to have the federal authorities take it away.

right, because he didnt read the game regs, and ref. back to my original statement.

why do i feel like we are going in circles here?

[El Jefe]

Saw the interview with this guy. He doesnt know anything about tuna other than they sometimes get caught in his net. So not wanting to waste the big fishies he bought tuna tags for those "just in case moments".

Its not surprising he didnt know the tuna rules.

If you buy the tag the rules are your responsibility.