Two more watermen have licenses suspended

[candy]

http://www.baltimoresun.com/sports/outdoors/bal-oysters0203,0,1140698.story

[Rod Bender II]

Yea this kind of stuff is really starting to piss me off. Guys keep small or too many oysters when the population itself is going to s***. And the same thing with crabs. I know 2 guys close to where i live, last year both were busted in the oyster season big time. I mean the feds were there waiting for them at the pier. I figured man we wont be seeing them for a while nor will they be oystering commercially again. But boy was i wrong because both still carry there license for oyster and crab, have their boats back that they got caught in along with their vehicles and are out oystering as we speak still breaking the law. I know you have your good ones and your bad ones out there but the bad ones need to go because I want my kids to enjoy the water and whats in it when they grow up.

[Fish Fish'n]

Thanks to the NRP, but it seems that maybe we need Sea Sheperd... Chesapeake division, for these repeat offenders.

[27 sailfish]

Strike 37 - you're outta there, the DNR umpire called. Unreal how many times they were caught before anything was done that amounted to more then a slap on the wrist.

Seems to me these guys need to be off the water until they learn to tell time , can count and measure correctly.

[Dwayne E]

Not so sure the suspension of license will stop Lowery. He will just continue poaching without the license. They need to confiscate his boat. It would then make it a lot harder for him to poach. Multiple violations need stricter punishment.

[goinsfishin]

A large part of this is a social awareness problem.
Example - As little as 30 years ago in most rural parts of the country, driving under the influence was "winked" at unless you were involved in a major accident....officer friendly simply took you home or followed you home, depending on his judgment, and no more was ever heard of it. As tragedies mounted, and public awareness increased, BAC's were lowered, age limits increased, enforcement and penalties were increased.....and the social stigma changed. Nowadays an adult had better be concerned after a single drink, and woe to you if your under 21.

Natural Resource laws in Maryland have the same problem.......the enforcement and judicial penalties have been so lax for so long, that many consider fines just a cost of doing business......and in many user groups are considered a joke.
From a social standpoint, most of the general population is totally naive about the whole situation.

Hopefully we are witnessing the beginning of a massive change in attitude for the affected user groups, the enforcement and judicial branches of government, and a change in awareness of the population as a whole. We need to see stiffer fines, especially for repeat offenders, and a greater awareness from the Judicial branch in prosecuting and sentencing of transgressors.

Much more needs to be done, but my hats off to Candy and the Baltimore Sun for continuing to put the issues out for the public.

[swampfox]

Why does the DNR WRP appear to have two sets of penalties for basically the same offense? It seems to me that natural resources are natural resources whether they live in the bay or in the woods, shouldn't they be protected in the same way?

If you get caught poaching deer they take your truck, if you get caught poaching oysters they "suspend your license". Suspend what license? Does Maryland have a poaching license? Take their boats!

Bill

[Wild Bill]

It is a slap on the wrist. I cannot really applaud.

[Ele]

Isn't it time for ZAM and C-Hawk to chime in?

Ele

[Alley Cat]

You have to be kidding! Does anyone think another supension will keep these guys from poaching? I am sorry but with their past they should have permits revoked and gear confiscated. Penalties are still a joke! They are stealing from their fellow waterman, the taxpayers who pay to plant seed oysters, and the Bay in general by poaching a filter feeder!

[C-Hawk18]

Isn't it time for ZAM and C-Hawk to chime in?

Ele

Now why would you make a comment like that?

I think it's kinda funny when certain people think that Zam and/or myself (neither of which hold a commercial finfish license) start the Rec vs Comm argument and then Ele comes on with a statement like that.....baiting.....

BTW - Ele - when the Herring restrictions start moving south are you (and the CCA) going to be for? or against a BAN? Both PA and NJ are tightening their limits due to over-fishing.

[Ele]

C-Hawk, I apoligize for the comment.

As far as the Herring go, the State has to come up with a plan on managing the Herring. I cannot speak for CCA but as far as I am concerned, we will support what the state decides to do. Something has to be done, but I will say this, until they do something about the catching of Herring in the ocean, cutting the harvest in the bay will do absolutely nothing to replenish the stock.

Ele

[C-Hawk18]

C-Hawk, I apoligize for the comment.

As far as the Herring go, the State has to come up with a plan on managing the Herring. I cannot speak for CCA but as far as I am concerned, we will support what the state decides to do.

Ele

Apology accepted! Thank You (sincerely!)

Also - I hope you do support the state decision, whatever they decide.

[crabby and son]

A person does not need a license to poach............just a boat..........................Gary

[Ken Brice]

Isn't it time for ZAM and C-Hawk to chime in?

Ele

Good one Ele....lol

[kidz]

Nrp people are now setting their own times to catch violators,looks like poachers will really have to be on the look out for the Nrp. I like that the Nrp is actively using radar and other systems to monitor whats going on 24/7. Stiffer fines and boat forfeitures for those who have more then two violations on their records. Jail time for those who totally disrespect the law by continually poaching and are caught by the Nrp.

[Alley Cat]

A person does not need a license to poach............just a boat..........................Gary
Take The Boat!!

[27 sailfish]

There is a flaw if DNR takes an accused poacher's boat.
The DNR has to store it somewhere and keep it safe/sound.

Here's why.
If the accused poacher is found guilty - the state can keep the boat , all is good.
If found not guilty / innocent - the state is on the hook for any damage the boat has suffered.

I do agree that the wild game laws are much better. One reason poachers use cheap weapons. They know if caught - the weapon will be taken.

I will agree it appears more are getting upset about the repeat poachers.
Make no mistake - some of these guys are full out criminals and make decent money stealing from all of us. The few times they get caught and small fines are no deterent to them. If it was - few would be caught a second time.

[captrichie]

I don't understand why they don't impound his boat? They have plenty of storage facilities around the state. As to keeping it safe, duh? They impound cars for parking violations.

[kidz]

They should only take the boat if found guilty. Let the accused keep it until found guilty. Then add towing fees and storage price to sentence. Poachers with numerous violatins should suffer the full extent of being found guilty. Hope the Rnp keeps up the great job they are doing. Auction off boat and equipment and donate the money to some foundation that supports oyster restoration. It is the only way to stop poachers.

[Ele]

Zam, if I thought only people that agree with me should post, than it wouldn't be much fun. Besides, we all love to hear what you have to say. Sorry if I hurt your feelings.

Why can't you accept an apology as gracefully as C-Hawk did?

[Hunter]

Auction off boat and equipment and donate the money to some foundation that supports oyster restoration. It is the only way to stop poachers.

I agree, but I think the money should go to the NRP to fund their enforcement efforts and maybe get that 'bear in the air' back...Don

[rgminer]

Typical Bay rapists. Oysters should be off limits to everyone until the population is high and stable. You can trace the reasons why they are still being harvested right back to Assapolis and the MWAs money..

[Alley Cat]

I don't understand why they don't impound his boat? They have plenty of storage facilities around the state. As to keeping it safe, duh? They impound cars for parking violations.I thought all DNR cases were to be tried in Annapolis on a day when only these cases are heard, Did I misunderstand? This case is being heard in Talbot county.

[Ele]

Alley Cat, I am not sure, but I think it is only one county and I think it is Anne Arundel. This is on a trial basis only, to see it will work.

Ele

[paxfish]

Jim, If this is true and widespread, it sounds like the local judges cannot make an unbiased judgement.

Perhaps these cases should all be heard in Annapolis?

[Jonny Oyster Seed]

I thought all DNR cases were to be tried in Annapolis on a day when only these cases are heard, Did I misunderstand? This case is being heard in Talbot county.

Cases are heard in the county court where the violation occurred. AA County is now serving as the prototype for placing NR cases together on the docket for a single session. If the test in AA goes well, all counties will move to this system. Furthermore, the complete plan calls for the creation of a "circuit rider" prosecutor, who will focus exclusively on NR law, and travel from county to county to prosecute NR cases.

[Fish nut]

Cases are heard in the county court where the violation occurred. AA County is now serving as the prototype for placing NR cases together on the docket for a single session. If the test in AA goes well, all counties will move to this system. Furthermore, the complete plan calls for the creation of a "circuit rider" prosecutor, who will focus exclusively on NR law, and travel from county to county to prosecute NR cases.

Thanks for posting this Jonny. I had no clue this was in progress. It sounds like a great program it will only make it harder on the poachers and repeat offenders if they are facing the same prosecutor each time. After a few times a prosecutor is going to get feed up with seeing the same person.

[kidz]

Still, the legal system will allow these guys postponement after postponement to allow their lawyers time for defense. This tactic has played on the nerves of many victims who seek justice. By seeking postponements, these guys will use the legal system to their advantage normally resulting with nothing more then a slap on the wrist. Criminals have more rights then the victims. Hope this judge rules with swiftness and puts his foot down to these shennanigans. Unfortunately, defense lawyers will do their best to make money and make a mockery of the legal system. Still, just by reading the articles in the paper and on Tidalfish gives us all hope that the good old boys way of poaching on the bay is getting the rightful attention it should.Jim Rockfish post about the good old boys network will take time to break up, but with the Nrp catching more poachers and the legal system taking these great steps toward trying the poachers in court, It gives us some kind of hope. Poachers should be nervous of the Nrp catching them.

[Alley Cat]

If these cases can keep getting attention in the news it will help. Thanks Candus!