red_instead
Contributor
Unless she sold it to restaurants, I'm not certain how that's relevant. At all.
You're right that DFG landed hard on Adam, but that's partly because illegal commercialization of game is something that DFG really goes after, and partly because it's going to get their attention when someone is identified in a newspaper as a "spearfsiherman" supplying local restaurants- that's going to raise some flags, and names are going to be run to see what licenses that guy possesses.
A few points here, cuz I've been following this revenant train-wreck of a thread:
First, the DFG links posted aren't "articles"- they're press releases. The information they contain is not representative of research or opinion, but is a factual statement by a state agency of events and information relevant to that agency's area of concern. I doubt anyone can or will argue that Adam wasn't cited and charged (regardless of whether they want to debate about whether he should have been charged or was guilty), or that he did not plead "no contest" to four of the charges.
Second, I think that I recall from pulling the docket (but none of the pleadings) on Adam's case, it looks like he actually did have a commercial license, but didn't have all the required species stamps, and might have been applying recreational (spearfishing) rules to commercial take. That supposition seems to be supported by the article posted by MaxBottomtime identifying Adam as a local spearfisherman selling spear-caught fish to a Santa Monica seafood restaurant, and that, as I recall, he wasn't cited for not having a commercial fishing license (it's been 9 months since I cared enough to look at the case and only thought of it again once I saw Adam had entered his plea, and once i got called out again in the thread). At least taking the step of getting a commercial license would, in my mind, indicate a level of attempting to comply with the law, but your mileage may vary there. Applying recreational spear regs to commercial take is a huge no-no, and he should have known better - and the law expects him to know better.
I could see the average guy getting confused by the regs, and by the requirements of what licenses he would need to fish commercially (and sell his fish commercially, since that's not an intuitive law), but, like I said ~8 months ago, a person should probably double and triple check (and get something in writing) before they undertake something that has the potential to seriously and negatively effect their livelihood, and there are people who can help them to do that- he runs his own risk if he decides not to seek out those resources. I also suspect holders of commercial fishing licenses are held to different and higher standards when a violation is found.
Adam's consequences were a nolo plea, being on probation for 3 years and being unable to have a personal or commercial fishing license during that time, which means he can't do spear or lobster charters- for a guy who sold $50 lobster hunting spots, coupled with the $10,000 fine and attorneys' fees, that's going to hurt. A lot.
I don't think he's on-par with repeat offenders, or guys who get pulled over with 55 abalone in their van on the way to San Francisco. He seems to me like a guy trying to make his living on and under the water who made some bad, and very dumb, choices. I don't think that excuses breaking rules, and, in fact I think the punishment is about right (and maybe even a little heavy compared to what this jagoff got). I think Adam's actions merit criticism, but I don't think what Adam did merits lifelong condemnation.
I also don't know why it's all that controversial that Adam is being punished. Even he admits that he made mistakes (though he blames other people for them). We can have a debate about whether spearfishing should be a legal method of small-scale commercial take, and we could have a discussion about whether there was bad intent underlying whatever actions were taken, but the bottom line is that rules were broken that should not have been broken, and that merits consequences of some kind. He may be an otherwise "good guy," but he has to take his medicine just like the rest of us would in his place.
Personally, I hope he gets through it, learns from whatever mistakes he made, and conducts himself better than he did before, and that going forward he demonstrates himself to be a conservation-minded and law-abiding person.
Also, H2Ocean, it was good to talk to you the other day. And pro-tip re your original post: slander is spoken, libel is written ;-)
