6 ARNOLD ROAD, COVENTRY, RHODE ISLAND 02816

They steal from all of us....

Poachers are thieves! Increased enforcement, higher fines and prosecution of offenders to be sought by RISAA in 2010

from the October, 2009 newsletter

You’ve heard the whispers. I know you have, because I have, and I’m not a part of the “inner circle” of Rhode Island fishing. Joe Fisherman is taking over the legal limit of striped bass, fluke, scup, sea bass, whatever, and selling them illegally. Don’t shake your head in denial. You know it’s happening. I know it’s happening. DEM knows it’s happening. It’s called poaching. I have some issues with the whole situation from the people doing it to the penalties involved if they are caught and the way the authorities view the violation. Let’s say that Joe goes out to Block Island and catches an average of 10 striped bass a night, 5 nights a week. That’s 50 fish a week and over 200 a month since the average month has about 4.4 weeks in it. The average weight of the fish is 20 pounds, so that is 4,000 pounds of stripers a month based on a 4 week month. Joe sells them for $3.00 a pound to a dishonest dealer. Joe pockets $12,000 a month from his illegal activities. Joe brags to some of his buddies about all of the money he is making. Finally, someone does the right thing and contacts DEM about it. DEM waits for Joe at the dock one morning and boards his boat. They find 10 striped bass on board. The commercial season is closed for striped bass. Even if it was still open, he was way over the limit. We will give Joe his two fish that are allowed for his recreational limit, so he is now 8 fish over the legal limit. Here is one part that I simply do not understand. The penalty for poaching striped bass is nothing more than a “violation”. It’s not a misdemeanor or a felony. It’s a violation. The violation carries a penalty of “up to $50 per fish” for striped bass. With 8 illegal fish, that’s a maximum of a $400 fine. Yes, DEM can take his boat, gear, truck and everything else involved in taking the fish as evidence, but the odds are he will get them back though once he pays his fine. If he is caught poaching again in the future, he could lose them for good. DEM has the authority to present to the Attorney General reason to have the gear “forfeited” too. Your gear is gone. If Joe is a commercial fisherman, he might lose his license. There is a scale used for the license revocation. It starts 30 days and goes up to losing it permanently. So, a $400 fine after Joe has made tens of thousands of dollars with his illegal practices? It makes me wonder how long ago these fines were instituted. In 1920, $50 per fish was a lot of money. Today, it is peanuts. The last time the laws were reviewed was in 1981. So, Joe goes to District Court for his violation. This is the same court where the judges see violent criminals. Do you really think they care that Joe caught a few too many fish? The answer is they don’t. Their dockets are jammed. They are months behind, and they just don’t see the severity of what Joe has done. For other species like fluke, bluefish, scup, and sea bass, if you are caught with undersized fish or over the limit, it is a misdemeanor. The penalties for poaching these fish is “up to a $500 fine (per violation, not per fish) and up to 90 days in jail.” If you want to read the laws concerning Fish and Wildlife for yourselves, they are found in Title 20 of the State of Rhode Island General Laws. They can be found HERE. In my opinion, none of the penalties are severe enough! Poachers are thieves, period. My wife was concerned that my last statement might anger some people. My thoughts are that the only people it will make angry are the ones poaching. One of my favorite sayings is, “If you throw a stick into a pack of dogs, the one that barks is the one that got hit.” I’m not talking about someone that gut or gill hooks an under size fluke (which is going to die anyway) and then strips it for bait. I’m not talking about the person that keeps a 27 and 7/8" striped bass. It will shrink that much sitting in a cooler all day. I’m talking about people that go out there with the intent of catching and keeping as many fish as they can, regardless of laws or regulations, to make money or simply to keep the fish for themselves. They know DEM does not have the manpower to check everyone. They know the penalties are a joke if they do get caught. They know the rewards greatly outweigh the risks. The rules in Rhode Island need to be changed. They need to be much harsher. Make it $500 per fish, mandatory. Make it up to one year in jail per fish. Don’t differentiate between striped bass and other species. All penalties should be the same. In the case of flagrant violations, take their gear, their boat, their truck, everything. Send a message to the poachers that it WILL NOT BE TOLERATED! Some people in New England seem to have a sense of entitlement that they shroud in the term “tradition.” I guess I’m just not big on traditions. I’m more of a follow-the-rules kind of guy. It’s time for New England fishermen to move into the 21st century. It’s time for those of you that poach to stop, and for those of you that know of people that poach to turn them in. The only person you are helping by allowing this to continue is the person doing it. You are not helping consumers. You are not helping the fish populations. You are not helping the public image of fishermen. Recreational or commercial, it doesn’t matter. No one is above the law. We wouldn’t approve of someone robbing a bank because they need money, or shoplifting food because they are hungry. Why would we approve of poachers? The Director of DEM and the General Assembly need to revisit and revise these penalties now, before it is too late. The court system needs to treat these people like the criminals they are. The court system needs to be educated on the severity of poachers and treat these people like the criminals they are. The current penalties are so weak that they almost encourage people to poach. I would like to think that when my young daughter, who loves being on the water and fishing, that there will still be fish for her to catch. I feat that this will not be the case though unless something is done soon. POSTSCRIPT In August, the RISAA Board of Directors voted to initiate a program that would include more education urging the public to oppose the illegal possession of regulated fish, push for increased enforcement of existing laws, and the increase of fines and penalties through the regulatory and legislative process.