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...

Yep this is a valid point. Having realized his mistake he could have released the "dead" fish back into the water to avoid further penalty. He would have only been guilty of removing the fish from the water at that point, and face no retention charge. By willfully clipping and retaining the fish he made the charge egregious and deliberate.

As we all well know "not knowing" is not an excuse for breaking the law. This, however is an instance of someone knowing the law and willfully breaking it.

I wonder how many hundreds of "illegal " fish find there way into the cooler all over the state? Knowingly and blatantly .

Pales in comparison to the number of wild fish inadvertently and accidentally caught in a mesh and thrown in a tug...what the hell anyway. Nobody gives a rats ass...

If anyone thinks he didn't know exactly what he was doing all along, then I've got a bridge to sell you. Straight up bitch poacher, and that is the entirety of the story.

The only thing dumber than a poacher is one who posts pics on facebook with fresh adipose cut wounds.

In the middle ages people that dumb died before they reach adulthood. Maybe modern medicine has gone too far.

Fish on...

Todd

RCW 77.15 state Manditory suspension of Lic for up to 5 years for and of the listed offences, Harvesting any Endangered fish. Is the second listed offence

Here is the applicable RCW:

CW 77.15.120
Endangered fish or wildlife—Unlawful taking—Penalty.
(1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if:
(a) The person hunts for, fishes for, possesses, maliciously harasses, or kills fish or wildlife, or possesses or intentionally destroys the nests or eggs of fish or wildlife;
(b) The fish or wildlife is designated by the commission as endangered; and
(c) The taking of the fish or wildlife or the destruction of the nests or eggs has not been authorized by rule of the commission, a permit issued by the department, or a permit issued pursuant to the federal endangered species act.
(2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
(a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the taking, possessing, or malicious harassment of endangered fish or wildlife; and
(b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
(3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
(b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.

And here is another RCW which may come into play with any second conviction:


RCW 77.65.570
Suspension of charter boat, food fish guide, or game fish guide license—Appeal.
(1) In addition to other license suspension provisions provided in this title, the department may suspend a charter boat license, food fish guide license, or game fish guide license if, within a twelve-month period, a person is convicted of two or more violations of any rule of the commission or director regarding seasons, bag limits, species, size, sex, or other possession restrictions while engaged in charter boat, food fish guide, or game fish guide activities. The department may suspend only the specific type of license or licenses related to the activity or activities for which the person is convicted.
(2) A person who has a food fish guide or game fish guide license suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW. An appeal must be filed within twenty days of notice of license suspension. If a timely appeal is filed, the suspension issued by the department does not take effect until twenty-one days after the department has delivered an opinion affirming the suspension. If no appeal is filed within twenty days of notice of license suspension, the right to an appeal is waived, and the suspension takes effect twenty-one days following the notice of suspension.
(3) License suspension under this section is in addition to any statutory penalties assigned to the underlying violation.

Moved to edit in above post.

Also on page 12 of the fishing regulation, right side catigory is Suspension and forfieture, Spelled out very clear there also.

So Larry, does that say a guy has to be a repeat offender to count as a "first degree" offense?

Caveat: I am not an attorney (my brother is - but not consulted for this - he charges too much).

If one is talking about State listed endangered wildlife my reading of the regs results in a YES to your question. Has to have a prior endangered wildlife conviction within the past 5 years (a misdemeanor) in order for the next conviction to be classified as a first degree (Class C felony) with resulting penalty.

That may be why the guide in question did not have his license suspended - no other endangered wildlife conviction within the past 5 years.

Edit: Note that for the Class C felony the word "shall" is used to direct revocation/suspension of license. However, I recall that elsewhere in the RCW there is language about appealing a suspension within 20 days of notification - administrative remedy if you will.

This guide wasn't quite so lucky in AK...

http://homernews.com/homer-news/local-ne...hing-violations

The two he pleaded to were reduced from misdemeanors to violations and they dropped 41 others and apparently at least one of the fines was reduced to $3k (first time offense).

Pretty "lucky" given the rather egregious nature of the multiple citations. Good lawyer?

Swanny was charged federally or those RCW's would have applied. The Feds took the case from the State which is likely why it took so long

The last ESA poaching case I heard about was on the Skagit. Seems the penalties are getting laxer.

...

Skagit chinook poacher pays state fines,
could also face federal ESA penalties

OLYMPIA - Enforcement officers with the Washington Department of Fish and Wildlife (WDFW) have cited a Mount Vernon man for multiple fishing violations, including possessing wild chinook salmon, which are protected from harvest under the federal Endangered Species Act (ESA).

Melvin R. Kingma, 65, was cited Oct. 13 for illegal take and possession of seven wild chinook from the lower Skagit River. Kingma was observed fishing with multiple fishing poles, which is against state regulations.

In addition to the seven chinook, Kingma was also in possession of 18 coho salmon. He was cited for possessing more fish than the personal limit allowed. Kingma paid a total of $600 in state fines.

Kingma could also face federal penalties because the chinook salmon he possessed are listed as a threatened species under the ESA. Chinook have been off-limits to anglers in the Skagit since 1999.

A similar poaching incident occurred in 2001 when a Mount Vernon man was caught with a 40-pound chinook taken from the Skagit River. The man was fined $5,000 for violating the ESA, and his 16-foot custom-built fishing boat was seized.

The investigation into Kingma's activities was conducted by enforcement officers from WDFW and the National Oceanic and Atmospheric Administration Fisheries Office for Law Enforcement (NOAA OLE), and is an example of the ongoing joint enforcement efforts to protect fish species with federal ESA protection.

"Recreational anglers, commercial fishers and others have all made painful sacrifices over the years to reverse the downward spiral of weak salmon stocks, and Mr. Kingma's actions demonstrate a total disregard for those sacrifices," said WDFW Enforcement Chief Bruce Bjork. "Our ongoing partnership with NOAA OLE will help us protect fish and wildlife resources."

The ESA was passed by Congress in 1973 and is administered by NOAA OLE and the U.S. Fish and Wildlife Service. The act is designed to save species and their habitats when other efforts have failed. NOAA OLE is responsible for species that spend most of their lives in marine waters, including marine fish, salmon and most marine mammals.

Vicki Nomura, special agent in charge for the northwest region of NOAA Fisheries OLE, said the agency has appropriated more than $885,000 to WDFW for joint enforcement patrols over the next two years to protect and conserve marine resources.

"We will continue working with and through our state enforcement counterparts to prosecute serious actions taken by individuals and organizations that violate wildlife laws such as the Endangered Species Act," Nomura said.

Melvin R. Kingma, 65, was cited Oct. 13 for illegal take and possession of seven wild chinook from the lower Skagit River. Kingma was observed fishing with multiple fishing poles, which is against state regulations.

In addition to the seven chinook, Kingma was also in possession of 18 coho salmon. He was cited for possessing more fish than the personal limit allowed. Kingma paid a total of $600 in state fines.



Wow, Sure hurt him to poach..Probably got three times that for the eggs! Laughable!

The state and feds can put as many laws in the books as they want.
Without enforcing them they are nothing.
While I don't wish this individual hard times I do feel our laws should be upheld.

I DO wish the individual HARD TIMES! I wish all the law breaking, snagging, poaching as#wipes HARD TIMES!!

I'm tired of visiting our rivers and seeing blatant disregard for the laws, and then the weak, babysitting, bleeding hearts system "taking it easy" on them when they do get caught!!

Accountability my brothers!! We grew up with it! You wanna break the law? You get slammed! Lose your gear, lose your vehicle, lose your right to fish or hunt or dig a freaking clam forever! You get fined so much money that fishing licenses are free for the law abiding guys!

What I don't understand is why the clients did not get charged. The way I see it is those fish went home with someone. I don't care what kind of letter they wrote after the deed was done. Those guys should know the rules too. They work in the industry, and are fisherman. I just think itzs kind of fishy the way all this went down. How anyone could have their picture taken with fish with their adipose fin cut off then post it it...wtf ..everyone in the boat had to know when they saw those fish somethin messed up was going on. If I remember right one of those guys said they saw Swanny wacking the fins off. Heck I don't know what to believe but, you would think if they were innocent they would have reported it right away......not after it gets seen on facebook, and everyone is safe at home with the evidence tucked away, and have time to write a big statement to the public. THat was just running for cover imo. The second someone saw the fish with the fins cut off would have been the time to run. Tough spot to be in forsure..

It will be interes5ing to see how it plays out for Swanny. I don't think they should hang him like some. It was a stupid thing to do, and he admitted it. The feds might make a example out of him. I bet its cost him plenty already. I think it will be a while before he recovers from it.

There were 2 Bainbridge cops that got caught with a threatened king at kingston this summer. The boat owner was not charged but he knew the rules. His buddy killed the fish, and he was just let go with a slap on the hand. BUT...after a internal affairs investigation he ended up resigning so I would say it cost him dearly.

$7500 lesson and a tarnished reputation for the foreseeable future.

http://www.seattlepi.com/local/crime/art...on-10984732.php

http://www.seattlepi.com/local/crime/art...on-10984732.php

That'll leave a mark. As it should.

"Swanny" has been doing this for at least a decade and those retards over at Gamefishin have known about it and laughed about it for years. He's one of the Blue Creek Good Old Boys.

In addition to his conventional punishment, I'd like to see a 25 lash, ass-ripping, Malaysian caning visited upon the perp's bare ass right there at the Blue Creek boat ramp.

I would like to see a loss of fishing rights, like the RCW states. Any killing of ESA listed species, mandatory loss of fishing rights wether a plea was entered or not.....
He is still guiding, a hit to the wallet. But still not what it should have been. With out a loss of privelges it establishes case law, for the next poacher to point to....

Low hole that cawk sucker every time you see him.

he mostly seems to inhabit the drift below borst park on the chehalis these days.

Dont think this didnt hurt his business, because it did, alot more than you think, But think about this, theres alot more guides out there, that poach fish every year than you think, because its about the almighty buck, I could reel off alot of guides that do this. Just this fall I was giving a guide a bunch of crap, for taking natives, and what he told me was it the tribes take them, the state could kiss his ass. I just walked away shaking my head.

he should not be in business nor anyone that chooses to break the law while getting paid to do it...

7500 bucks is chump change... revoke the fvckers guide license and ban him from fishing in washington for life....

I'm glad he got some punishment but this isn't enough.

In some cases, guides are the most entitled and biased people out there fishing. It's really annoying to me because a guides influence on new fishermen can be HUGE and influence them for a lifetime.

Guides who are poachers...it shouldn't "hurt" his business, it should end his business, period.

Fish on...

Todd

my introduction to this "guide" was when he cut in the line at the east mooring basin in front of about 20 rigs a few years ago. Dick move, but what do you expect when you show up late and still want that tip.

Are you volunteering to add some custom graphics to his Suburban?

Old news. Shouldn't be making a living guiding in this state anymore. Good luck,

SZ