#702735 - 09/07/11 04:03 PM
Re: CAUGHT RED HANDED
[Re: Larry B]
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Spawner
Registered: 04/21/99
Posts: 936
Loc: Seattle
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The Lacy Act Trafficking Penalties Despite the many specific prohibition in the Federal fishery regulations and statues, many Federal prosecutions for trafficking offenses are brought against seafood companies and their executive under the Lacy Ac because this law governs the sale of all fishery products, provides for harsher penalties and prohibits a much broader range of activities. Specifically, the Act makes it unlawful to any person. The basic elements of an offense under the Lacy Act are to: Import-export, transport ,sell, receive acquire or purchase wildlife, fish or plants that have been taken, possessed, transported or sold in violation of a state, federal, foreign or tribal law or regulation.
Several aspects of the Lacy Act make prosecutions relatively easy. A person violating the Act, for example, need not be the same person who took, possessed, transported, or sold the fish/shellfish in violation of the underlying state, federal or foreign law. Culpability attaches to anyone who imports, exports, transports, receives, acquire, or purchase the fish/shellfish and who knows, or in exercise of due care should know that it was illegally taken, possessed, transported or sold.
Similarly, the government is not required to prove that the defendant knows which underlying law was violated or the nature of violation. Neither must the government prove that the defendant knew of the Lacy Act or knew that he violated it. The government needs only to prove that the defendant knew the fish was, in some fashion, taken, possessed, transported or sold illegally.
The underlying law that must be violated may take different forms. It may be a state fishing regulations, or a state statute that is criminal in nature but carries a lesser penalty than those of the Lacy Act, or it may even be a law or regulation that provides only a civil sanction
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#702743 - 09/07/11 04:31 PM
Re: CAUGHT RED HANDED
[Re: JohnQ]
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Juvenile at Sea
Registered: 12/22/05
Posts: 176
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Just remember folks the next time the issue of merging WDFW LE into WSP comes up, and it will, maybe We Sports Types need to sit it out and send the message that "Payback Is A Bitch" Merging WDFW LE and WSP will be a huge loss to fishermen and hunters, as well as the species themselves. Only two states (Oregon and Alaska) operate this way and Alaska is considering changing into how the other 48 states operate.
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#702770 - 09/07/11 06:44 PM
Re: CAUGHT RED HANDED
[Re: bigman]
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River Nutrients
Registered: 10/22/09
Posts: 3034
Loc: University Place and Whidbey I...
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JohnQ
I'd much rather have the Commissioners address the apparent difference between their perspective as policy setters and that of the Director who is responsible for implementing the Commission's policies via his his employees.
So who would "suffer" as the result of your proposed actions if there was a merger? Answer: The resource, your opportunities, and possibly the Chief and/or Deputy Chief who may or may not end up retaining their current positions.
I don't see that as a reasonable course of action.
_________________________
Remember to immediately record your catch or you may become the catch!
It's the person who has done nothing who is sure nothing can be done. (Ewing)
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#702771 - 09/07/11 06:59 PM
Re: CAUGHT RED HANDED
[Re: bigman]
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Poon it! Poon it! Poon it!
Registered: 08/08/06
Posts: 1714
Loc: Yarrow Point
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I would love to raise funds for 3-4 one day sting operations... PSA, CCA and individual donors (you) could contribute to pay the overtime for the WDFW/appropriate authorities and we'd have some opportunity to actually catch some of these pot/crab theives. I bet a few well publicized stings would get some people to think twice.
My take is that the VAST majority of crabbing done (commercial, tribal for certain) is done in unattended pots, I'm not clear why we should surrender that right unless all the other user groups did too.
_________________________
The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope. -John Buchan
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#702792 - 09/07/11 08:55 PM
Re: CAUGHT RED HANDED
[Re: IrishRogue]
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River Nutrients
Registered: 12/15/02
Posts: 4000
Loc: Ahhhhh, damn dog!
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If positive identification had been made and the tribes did not come out officially denouncing said actions then one recourse could be that of public opinion.
None of the tribes want to get a black eye in public and need to keep a clean image as their primary money machine is the casino's. Nothing would gain so much attention as bad publicity saying they are not conserving nor lawfully attending to our marine resources!
Look what happened up north with the derelict nets, as soon as it hit the papers the Nooksacks were out there pulling nets, it took a bit for the Lummi's but they finally did get out there and cleared their nets also.
Power of the pen.
Fishy
_________________________
NRA Life member
The idea of a middle class life is slowly drifting away as each and every day we realize that our nation is becoming more of a corporatacracy.
I think name-calling is the right way to handle this one/Dan S
We're here from the WDFW and we're here to help--Uhh Ohh!
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#702801 - 09/07/11 09:29 PM
Re: CAUGHT RED HANDED
[Re: Somethingsmellsf]
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Dick Nipples
Registered: 03/08/99
Posts: 27838
Loc: Seattle, Washington USA
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We'll see that boat out there again some time, even if it's acting legitimately at that time...there will be a camera around the next time.
Fish on...
Todd
_________________________
Team Flying Super Ditch Pickle
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#702804 - 09/07/11 09:46 PM
Re: CAUGHT RED HANDED
[Re: ParaLeaks]
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WINNER
Registered: 01/11/03
Posts: 10363
Loc: Olypen
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Good Luck is all I can say. no surprise...... would have stood a chance with a camera.
_________________________
Agendas kill truth. If it's a crop, plant it.
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#702921 - 09/08/11 11:18 AM
Re: CAUGHT RED HANDED
[Re: ParaLeaks]
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Returning Adult
Registered: 06/14/11
Posts: 341
Loc: Lake Stevens, Wa
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I know this is a long shot, but have you contacted any media regarding this? Maybe some bad publicity might get the Tribal Authorities to take the right action. At the very least it might help others know to keep their eyes open for these poachers.
Just a thought.
_________________________
A veteran - whether active duty, retired, or national guard or reserve - is someone who, at one point, wrote a blank check made payable to "The United States of America," for an amount of "up to and including my life."
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#702930 - 09/08/11 11:36 AM
Re: CAUGHT RED HANDED
[Re: MartyMoose]
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River Nutrients
Registered: 12/15/02
Posts: 4000
Loc: Ahhhhh, damn dog!
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I don't think any local media would touch this unless there was a groundswell from local people first and to do that you would need irrefutable evidence, photos, video just to name a start. But it can start somewhere and this just illustrates that we should all have cameras ready just in case we have that catch of a life time, our buddy falls in the drink or some scumbag is thieving our resources!
I have been down this road before!
Fishy
_________________________
NRA Life member
The idea of a middle class life is slowly drifting away as each and every day we realize that our nation is becoming more of a corporatacracy.
I think name-calling is the right way to handle this one/Dan S
We're here from the WDFW and we're here to help--Uhh Ohh!
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#702951 - 09/08/11 01:00 PM
Re: CAUGHT RED HANDED
[Re: Somethingsmellsf]
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2112
Registered: 01/11/07
Posts: 4898
Loc: in the mass production zone
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even if a camara was on the action it sounds as though it would have been a blurr. it would go something like this maybe... video mode. 2 boats haulinass in near darkness, addicted yelling racial slurs, todd, blahblahblah, boats bobbing weaving and circling! more yelling!!! still very blurry, todd blahblah yada yada yada, by this time 5 minutes of a blurry mess and still more telling by addicted!!!! during this entire sequence oneway is holding on tight with deathgrips. the video would be a great crazy clip nodoudt! the news people would not make a report on the story.
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#702971 - 09/08/11 02:59 PM
Re: CAUGHT RED HANDED
[Re: Divers]
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Parr
Registered: 07/15/04
Posts: 72
Loc: Seattle
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How much would y'all be willing to pay for a trap alarm with an exploding dye pack?
This is a serious question. I'm an engineer and I came up with a design. The issue is cost.
The alarm would give you a preset amount of time to disarm the device. No code, dye everywhere.
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#702973 - 09/08/11 03:02 PM
Re: CAUGHT RED HANDED
[Re: Dee]
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Dick Nipples
Registered: 03/08/99
Posts: 27838
Loc: Seattle, Washington USA
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How much would y'all be willing to pay for a trap alarm with an exploding dye pack?
This is a serious question. I'm an engineer and I came up with a design. The issue is cost.
The alarm would give you a preset amount of time to disarm the device. No code, dye everywhere. That...is some good schit, right there. Fish on... Todd
_________________________
Team Flying Super Ditch Pickle
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#702976 - 09/08/11 03:17 PM
Re: CAUGHT RED HANDED
[Re: Dee]
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River Nutrients
Registered: 12/15/02
Posts: 4000
Loc: Ahhhhh, damn dog!
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How much would y'all be willing to pay for a trap alarm with an exploding dye pack?
This is a serious question. I'm an engineer and I came up with a design. The issue is cost.
The alarm would give you a preset amount of time to disarm the device. No code, dye everywhere. Then WDFW LE would get you for wasting marine resources and polluting the water! Just kiddin... Sounds interesting, be pretty wild it we got a group sale on these and then called the local sheriff to watch for the guy splattered in neon pink paint!!!!!! Fishy
_________________________
NRA Life member
The idea of a middle class life is slowly drifting away as each and every day we realize that our nation is becoming more of a corporatacracy.
I think name-calling is the right way to handle this one/Dan S
We're here from the WDFW and we're here to help--Uhh Ohh!
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#702980 - 09/08/11 03:24 PM
Re: CAUGHT RED HANDED
[Re: Dee]
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River Nutrients
Registered: 11/08/06
Posts: 3359
Loc: Island Time
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How much would y'all be willing to pay for a trap alarm with an exploding dye pack?
This is a serious question. I'm an engineer and I came up with a design. The issue is cost.
The alarm would give you a preset amount of time to disarm the device. No code, dye everywhere. I've been conjoring up a similar device.....but your non-lethal one is interesting too. Tell us more.
_________________________
"...the pool hall I loved as a kid is now a 7-11..."
If you don't like our prices bring your wife down and we'll dicker.
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#702996 - 09/08/11 04:37 PM
Re: CAUGHT RED HANDED
[Re: Larry B]
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Spawner
Registered: 09/21/08
Posts: 843
Loc: COF in the Upper Left Hand Cor...
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JohnQ
I'd much rather have the Commissioners address the apparent difference between their perspective as policy setters and that of the Director who is responsible for implementing the Commission's policies via his his employees.
So who would "suffer" as the result of your proposed actions if there was a merger? Answer: The resource, your opportunities, and possibly the Chief and/or Deputy Chief who may or may not end up retaining their current positions.
I don't see that as a reasonable course of action. Larry B, The "Reasonable Course of Action" for Bjork/Cenci would be to sit all of their officers down and point out that Officer BigMouth (and Jr AssHat) Olson opened his tater trap and shot every WDFW LE Officer in the foot. Biting the Hand that feeds them (that's Sport Types) is a very bad course of action. And Officer Big Mouth Olson did the public a disservice with his assinine lipservice. It was the Sport Types Not the Tribes or Kommies that stood up last year and saved the collective butts of WDFW LE from writing Seattle HOV Violation tickets. If I had to "Grade" Bjork/Cenci for how they "Educate" their officers, they would get a big fat F. Just show me one even small example of how Bjork/Cenci have Readjusted that idiotic Fisheries Menatlity. That attitude has No Place whatsoever in WDFW. Right now I am of the mind to Do Nothing and recommend Others to Do Nothing the next time the AssHat Politicians go after WDFW LE. The Ball is squarely in Bjork/Cenci Court to Do Something to make/correct Officer Big Mouth Olson's fiasco.
_________________________
Upstanding Member of the Porcupine Social Club, ergo, the Old Prick in the Upper Left Hand Corner.
AuntyM -- What Crab Audit???? Not That POS Senior AssHat Published!!!!
Hey Mr Childers, have you corrected that Scofflaw Spreadsheet Yet?????
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#702999 - 09/08/11 05:08 PM
Re: CAUGHT RED HANDED
[Re: JohnQ]
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River Nutrients
Registered: 12/15/02
Posts: 4000
Loc: Ahhhhh, damn dog!
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John Q, I love how you sugar coat things!!!!
Fishy
_________________________
NRA Life member
The idea of a middle class life is slowly drifting away as each and every day we realize that our nation is becoming more of a corporatacracy.
I think name-calling is the right way to handle this one/Dan S
We're here from the WDFW and we're here to help--Uhh Ohh!
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#703034 - 09/08/11 07:45 PM
Re: CAUGHT RED HANDED
[Re: Somethingsmellsf]
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Spawner
Registered: 09/21/08
Posts: 843
Loc: COF in the Upper Left Hand Cor...
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John Q, I love how you sugar coat things!!!!
Fishy Thank You!!!! I believe they are Civil Servants first and foremost, and they ought to at least TRY being one. New Experience for Bjork/Cenci.
_________________________
Upstanding Member of the Porcupine Social Club, ergo, the Old Prick in the Upper Left Hand Corner.
AuntyM -- What Crab Audit???? Not That POS Senior AssHat Published!!!!
Hey Mr Childers, have you corrected that Scofflaw Spreadsheet Yet?????
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