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Thread: Shrimp Pot Violation

  1. #1
    Member cusackla's Avatar
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    Angry Shrimp Pot Violation

    Shrimp Pot Violation
    Well! After spending hours and hours looking for my pots. I finally found them. At least F&G found them and sent me a certified letter containing a ticket for Shrimping after Sept. 15 th. Has anyone else recieved one of these? Have you ever fought this and got your pots back?

    Makes me mad that someone moved my pots, fished with them and left them where they dropped them and now I am I out of my gear, lost shrimping days and I am facing having to pay a fine on top of it!

    I have my log book with accurate entries including run hours on my motors. I can show that the last entrie was Sept 12th and the current run hours match the log entry.
    I plan to make a case that they were stolen and reset. I am going try and contact F&G to see if I can determine were they were located, because I am sure they were found a long ways from where I set them, since we looked at every buoy similar to ours (A Bunch Of Them) to determine if they drifted.

    Anyone ever had F&G find their pots after the season closed? Did F&G give you a location of where they found them?

    I received the certified letter today and I am Up North so I have not had a chance to dig into it. Just wondering if anyone has had the pleasure of dealing with this one..

    Hopefully F&G will be reasonable about this. I have had pretty good luck with them in the past.

    Louis

  2. #2
    Premium Member kasilofchrisn's Avatar
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    Did you call the troopers to report your pots as stolen/missing after you got back on the 12th?
    I have never shrimped but lost a crab pot last year out of homer. I called it in to the troopers as stolen. I figured that way if it was found after season I at least could prove I had lost it and was not fishing it at the time.
    "The closer I get to nature the farther I am from idiots"

    "Fishing and Hunting are only an addiction if you're trying to quit"

  3. #3
    Member cusackla's Avatar
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    Quote Originally Posted by kasilofchrisn View Post
    Did you call the troopers to report your pots as stolen/missing after you got back on the 12th?
    I have never shrimped but lost a crab pot last year out of homer. I called it in to the troopers as stolen. I figured that way if it was found after season I at least could prove I had lost it and was not fishing it at the time.
    Chris,
    Heck we lost them way before the 12th and spent a bunch of time looking for them. Hindsight being 20/20 I should have called and reported them, but since some many people were reporting problems I thought (I know!) it would be a nusince call to F&G. Learn the hard way (Again!) I guess.

  4. #4
    Premium Member kasilofchrisn's Avatar
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    Sorry to hear about the loss of your pots.I do understand on the reporting thing.
    I waited a few days last year and finally decided since I still could not find them to report them missing. The troopers really didn't have much to say other than that they would file a report. I am sure there is not much they can really do most of the time anyway.
    Good luck on your court case.
    BTW how much is the fine ? Just curious. First you are out the cost of your gear and now you are facing a fine. With any luck I hope you get your gear back and win your case in court.
    "The closer I get to nature the farther I am from idiots"

    "Fishing and Hunting are only an addiction if you're trying to quit"

  5. #5
    Member polardds's Avatar
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    Unless you call them in as lost or stolen you are on the hook. The judge only has to be 51% sure, not beyond a reasonable doubt because it is a violation, not a misdemeanor. Been there done that. Sometimes you get your gear back, sometimes not.

  6. #6
    Member fullbush's Avatar
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    It sure seems to me that sport shrimping would manage itself w/ the end of boating season. The few people on the sound in the winter could hardly put much of a dent on them. I assure you the shellfish biologists in this state haven't a clue whats going on or they wouldn't implement these stupid seasons to somehow justify their importance. I mean really think about it, if they truly were important wouldn't there be a vibrant shrimp and crab fishery like every other place in the world? All the western states, Canada, SE Ak and Kodiak have fisheries, not the north gulf coast of Ak. I can't even believe we pay law enforcement to monitor recreational shrimp gear, what a joke.

  7. #7
    Member AK_Kid's Avatar
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    It sounds like you have witnesses who may be willing to testify that you lost your set before the 15th and spent time searching? If so, fight it. If the judge finds your witness(es) credible, he very well may rule in your favor.

    I would request to examine the trooper and ask him the following:

    Did you observe anybody set the pots after the 15th?

    To your knowledge, are shrimp pots sometimes stolen in Prince William Sound?

    Can you tell us from your personal knowledge that the pots were not stolen prior to the 15th?

    Is it possible, based upon your knowledge of the facts, that the pots were stolen and reset by the individuals who stole them?

    You would subsequently examine your witnesses, asking them questions that would compel them to disclose that they were with you after the pots went missing, that you searched for the pots before the 15th, and that you did not find the pots.

    I think you have a legit argument, if you make your case appropriately. I would fight.

  8. #8
    Member fullbush's Avatar
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    Dang AK Kid I wish I would have known you when I sued FUXXUP erm I mean EXXON. I gave you rep points so now if you ever represent somebody in litigation against me it'll be a conflict of interest

  9. #9
    Member Alaskanmutt's Avatar
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    AK Kid
    Couple problems.

    They don't have to observe them being set, just the fact the are in the water after the closure date.
    First question is moot.

    Second is moot also as they were never reported stolen. Not reported, never happened.

    Can you prove they were stolen prior to the 15th? Or at all?

    Last question the same, never reported, never happened

    As for witnesses.

    Yes your Honor, I was with Joe and said he was looking for pots that had been stolen.
    *Did you see them stolen?*
    No Sir
    *Were you with him when he set the pots?*
    Uh, no sire*
    *Were you with him when he assumed they were stolen?*
    Uh no sir
    *Can you prove he had pots?*

    Etc.

    C*appy part is they issued a citation.
    Common sense does not always apply in Law Enforcement.
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    Moderator Daveinthebush's Avatar
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    I had a string come up missing one year and I checked everywhere. I called the local F&G Trooper and told him that I could not find them. Come sometime in February, I received a call from the trooper. He said he found my pots floating right in front of the harbor over here. So he loaded them on his boat, called me and I met him to pick them up. It was obvious I was not shrimping as the rotten cotton was rotten of course and I told him thanks. Non issue.

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