Washington fishing guide pleads guilty to keeping wild coho

http://www.kitsapsun.com/news/403884216.xhtml

Swann pleaded guilty in U.S. District Court in Tacoma. His attorney, Doug Tufts, said Swann made a mistake about what the regulations on the Cowlitz were, then "felt very embarrassed and anxious and reacted stupidly."

Sorry MAID, neither the coverage nor the prosecution was very swift in this case.

J F C! This is very OLD news that finally comes full circle after TWO YEARS!

It was rumored earlier this year that he was back on the water after working out a settlement for his misdeed. Obviously that rumor was bogus. Glad to see justice served.

As if anyone is surprised.

Probation and a fine..... that'll teach him.... NOT!

How do you not know the rules of engagement when the Cowlitz is your bread and butter. That river has as long as I can remember has been non-retention of wild coho. He should have been handed the book!

Laughable.

Should lose his license IMHO.

The most annoying thing about WDFW enforcement is that when they catch poachers, they always stop short of making sure these people don't get to fish legally again, usually on the basis that the violators "didn't know what they were doing." For a guide to do this is particularly reprehensible, and I agree they should have thrown the book at him. Some of his clients are almost certainly out there violating the same rules they watched him violate while fishing with him, simply because they assume it's legitimate if a guide does it.

What he was doing was well-publicized among the local fishing crowd, and it would be prudent for the courts to make his punishment as severe as possible, so a wide audience could see that they are serious about enforcing the rules. Light punishments like this must make the risk of poaching look pretty worthwhile to would-be scumbags.

The article doesn't even state that he got suspended; just fines. Some measure of justice, but far from effective disincentive for poachers, IMO.

Federal court, which means only the ESA violations are on the table for sentencing by the judge in question. He/she may read my letter, but at worst for Swanny, that would mean only the maximum fines, and I couldn't care less what money he has to pay.

But I hear ya. I'll stop bitching now. I agree that never seems to help....

"The article doesn't even state that he got suspended"

Suspended of what???

I would venture to say suspension of his WA guide license.

And if that is correct one should consider the procedure established under law for suspension/loss of a commercial fishing license. As I recall it requires multiple violations in the same fishery at which time WDFW must set up a review panel of commercial fishing peers who essentially hold court. WDFW can only suspend if the panel votes a thumbs down on the accused. Good luck on getting that.

Now, I have no idea if that same procedure must be followed for a guide license suspension but even if it is not required I suspect WDFW might not want to end up in Court over an "unequal punishment" issue.

So, the point here.......maybe we need to have a change in the law regarding procedures for suspension of commercial fishing licenses.

He knew exactly what he was doing.

Replying to me? If so, I agree 100%. He knew exactly what he was doing.

The whole arena of fines and license suspension penalties should be looked at. One major stumbling block to any changes is the court system and judges who apparently decided some years back that a violator needs to stand in front of them to enter a guilty plea. A lot of court time and officer time, not to mention violator time (although it shouldn't matter for them) would be to have a penalty assessment process for most violations where a fixed fine plus court costs if appropriate (and no jail time for the violation) could be mailed in to either the court system or WDFW for processing and distribution to the appropriate fund IF the violator so chooses. If the violator would want to go to court, that option would still be available. For more serious violations where a fine and/or jail time would be appropriate, a summons to court would be written.

In addition to the fines, a point system for violation levels would be imposed and once a person exceeded 20 or 25 points within 5 years they would face a license suspension hearing that could result in "probation" (don't screw up again) up to a potential lifetime suspension for serious violations. Most licenses suspensions would probably range from 1 to 5 years. Anybody caught hunting or fishing while under suspension would face additional penalties and extended suspension time.

Washington is a member of the Wildlife Violator Compact, so any WA suspensions would carry forward to the other 40+ states that are members of the compact so the violator couldn't go to OR or ID or CO to hunt/fish for the length of the suspension.

BB - At what point would the repeat/habitual offender face time versus extended suspensions/fines which obviously (for that offender) have not altered behavior?

Your thoughts about commercial violators and how to make their judicial process and penalties better fit the crime?

I doubt he lost his "license" as he's been fishing on the Chehalis the last 2 months.

There should be a list of guides that have paid for their license, showing the proper insurance, and any complaints.....

I've looked....can't find it.....maybe its not a public item??????

Anyone know??????

The part that really gets me is he cut the Adipose fins off and that is completely wrong. Just cant believe a guide would do that in front of clients. WTF?

Larry

Would depend, I think, on the initial charges and suspension.

Most suspension violations would have a $500 fine and an automatic 2 year extension of the initial suspension.

For the sake of this discussion, if the suspension was a lifetime suspension or multiple violations of a suspension order, then a court appearance would be required with a fine range of $1,000 to $10,000 and/or up to XX days in the county jail.


Most violations in my scenario would carry a straight cash fine with no jail time. Any gear, vessels, motor vehicles, etc used in the commission of the violation would be subject to seizure, confiscation, and forfeiture or destruction as a public nuisance.

Keep in mind, too, that the suspension applies across the country in all of the states that honor the Wildlife Violator Compact.

Exactly correct! But the real question is "Why would he do this?" In my view, it was an attempt to cover up his crime. He knew very well that keeping wild coho was illegal, so he tried to make it appear they were hatchery coho, as absurd as that sounds.

If he had "accidently" bonked two wild coho, and later realized he could not retain them, the only recourse is to return them to the water. I know that doesn't make it legal, but possession is 90% of the law.

Even more ridiculous is it was done with some "industry professionals" as "clients".

Unbelievable! What a piece of shizz...