POW Man Sentenced In Commercial Seine Fishing In Closed Waters Case; Seine Vessel F/V Tlingit Lady Forfeit
January 17, 2018
On September 13, 2017 Alaska Wildlife Troopers received a report that the F/V Tlingit Lady, a 58 foot commercial seine vessel captained by Curtis Demmert, was seining for salmon at the head of Coco Harbor, roughly 65 miles into closed waters. Coco Harbor is home to several salmon spawning streams and has been closed to commercial fishing for nearly thirty years. Later that evening the caller reported again that F/V Tlingit Lady was making an additional set in Coco Harbor. After the final set the vessel blacked out its lights and left Coco Harbor in the dark.
On the morning of September 14, Demmert offloaded 23,159 pounds of salmon to a commercial tender vessel. Demmert claimed the fish were caught on September 13 in open water near Mclean Arm, some 65 miles from Coco Harbor. The average catch for seiners fishing in the open area was 9,000 pounds.
Based on the distance into closed water and the fact that Demmert was fishing near a salmon spawning stream (an illegal practice known as "creek robbing"), the Wildlife Troopers seized the F/V Tlingit Lady and everything on it, including the skiff and seine nets.
On December 19, 2017 Demmert pleaded guilty to Commercial Fishing During Closed Period (for "creek robbing" near a salmon spawning stream), Commercial Fishing in Closed Waters, False Information on an ADF&G Fish Ticket, and Unlawful Possession of Fish.
On January 10, 2018 the defendant was sentenced by the court in Prince of Wales. The prosecutor from the Department of Law, Office of Special Prosecutions argued that Demmert took a calculated risk when he fished far into closed waters for potentially significant monetary gain and that his actions put a salmon run in peril.
The prosecutor stated that "without vigorous enforcement of the regulations, fish in Alaska could be wiped out, and the employment, sport, subsistence, and traditions of Alaskans gone with them." In arguing for forfeiture of the fishing vessel the prosecutor stated "other commercial fishermen and the general public must know that if a fisherman commits an offense this egregious, the vessels and instrumentalities used in aid of the violation will be lost to them."
The court imposed a sentence including a $32,728.79 fine, 180 days of suspended jail time, forfeit $17,728.79 from the illegally caught salmon and forfeit the F/V Tlingit Lady, the seine skiff, seine nets, and everything aboard the vessel to the State of Alaska.
The case was investigated by the Alaska Wildlife Troopers in Southeast Alaska. The case was prosecuted by Assistant Attorney General Aaron Peterson of the Alaska Department of Law, Office of Special Prosecutions.
Editing by Mary Kauffman, SitNews
Source of News:
Representations of fact and opinions in comments posted are solely those of the individual posters and do not represent the opinions of Sitnews.