Diving News > UPDATED COURT DOCKETS FOR DFG VIOLATIONS AND POACHERS

From CA CDFW news release, Final Poacher Sentenced from 2013 Abalone Sting Opera

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kwonsoo:
Is it me or did they just target the Vietnamese?

MATT MATTISON:

--- Quote from: kwonsoo on October 30, 2014, 09:17:58 AM ---Is it me or did they just target the Vietnamese?

--- End quote ---

Just you, they target anyone going after abalone.

Rocky Daniels:

--- Quote from: MATT MATTISON on October 29, 2014, 03:25:33 PM ---In total, $139,883 in fines and 11 fishing license revocations were handed out to the 18 subjects.

--- End quote ---

I'm scratching my head as to why DFW would highlight a case like this. Consider that identifying, tracking and arresting 18 suspects requires a LOT of resources.  To end up with $140K in total fines and 0 total jail time seems like a sad and pathetic return on that investment.   Basically, the fines become little more than a reasonable cost of doing business that's not even interrupted by token jail time. Sheesh!

Based on actual courtroom testimony by an actual abalone poacher with limited diving experience, he was able to pop, shuck and bag 80 abalone per tank dive (Fort Ross/Pedotti Reef being a favored place to poach and the location here my path and his first intersected). Whether you figure $50 or $100 per ab, 18 poachers can cover a lot $140K fines and still hang in deep clover.

This is a great illustration of how difficult and expensive it is to put serious hurt on the bad guys. And, for management purposes, you can't ignore the take and impact of poachers any more than you can ignore the impact of black swan "natural" events like the Sonoma red tide die off.

 

CabKing65:
Seems that the poachers are Representing there Community with there names alone and the act of poaching and getting busted over and over.

Hell one guy I think was from Sacramento  last year Was busted 2 times during a Two week period alone.  Busted one week and went out and got busted again the very next week   Unreal , Freaking Savage's!

Rob102:

--- Quote from: r-wilson on October 30, 2014, 07:47:00 AM ---
--- Quote from: Rob102 on October 29, 2014, 08:13:38 PM ---It seems to me that if the offender asked for a jury trial and was found guilty, probation should be off the table.  If you fight and lose you should do time rather than get probation.

--- End quote ---

Juries don't just convict guilty people. Once a defendant actually goes to trial, there really is a presumption of guilt in the minds of most people. You should not get extra punishment for exercising your constitutional right to a jury trial.

Also, when someone is on probation, he can be  subject to search without a warrant and there is a lower standard for convicting him of a violation of probation than charging him with a whole new crime.

I agree that F&G violations should be treated seriously and the courts should nail obvious, intentional violators.

--- End quote ---

I agree with you 100%.  An innocent person shouldn't be punished for exercising their Constitutional rights.  On the other hand, the Constitution should only protect the guilty from "cruel and unusual punishment", and not from the full extent of the law.  The reasoning behind my previous statement is that, if all the guy was going to get was the same thing he would have gotten if he had pled nolo, then we should take everything to jury trial because we have nothing to lose.  This is the reason why DA's offer plea deals.  If you fight, the penalties are more stringent if you're found guilty.  It's the American Way.

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