REceived today from Alan Wolf of NOAA enforcement:


Below is the penalty section of the marine mammal act. Violations can be either assessed civily or criminally depending on the circumstances.
(a) Any person who violates any provision of this subchapter or of any permit or regulation issued thereunder, except as provided in section 1387 of this title, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action.

(b) Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder (except as provided in section 1387 of this title) shall, upon conviction, be fined not more than $20,000 for each such violation, or imprisoned for not more than one year, or both.

The term “take” means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.

The term “harassment” means any act of pursuit, torment, or annoyance which—
(i) has the potential to injure a marine mammal or marine mammal stock in the wild; or
(ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering.

If you or any other members would like any additional information, please feel free to contact me. Alan.Wolf@noaa.gov

Yeah, but who's gonna turn you in?

Not anybody in my hogline.........they would all be applauding.

:p


BTW, saw a sea lion on Saturday with a qwikfish stuck in his back........kinda reminded me of Moby Dick with all them harpoons......

When Alan first contacted me about this I figured he had been reading all about how everyone wants to kill the seals and sea lions and he figured he better let us know we are all going to get in big trouble....

I am going to ask him if it is OK to put out about 50' of stout rope attached to a big cinder block with a herring on the end with 3 big treble hooks behind the boat trolling for salmon? If the sea lion accidently grabs the herring intended for the salmon and takes off pulling the cinder block off my transom is it my fault or the sea lions...I didn't harrass him.

The Oregonian Had a direct quote from either a NOAA guy, or a State guy, and they said deal bombs were legal. Whats the truth?

I think motoring around luanching explosives amongst other fisherman/gun owners is gonna cuase you more trouble than you want to deal with. If I was anywhere near someone who was doing that while I was fishing...I and any one of my acquaintances would be thuroughly PISSED.

Seriously...imagine yourself actually doing that. (I could care less about the seals BTW!)

Forget the seals...I wouldn't be cuaght dead with fishing gear and explosives in the same boat, tackle box, person, vehicle, etc!!!

I think the commercial fishermen get an exemption to protect their nets. The indians don't have to obey the laws and can just shoot them. In Neah Bay the tribe has a treaty right to kill seals and sea lions so you won't see many of them up there. They don't harass the poor little seals they just kill them and skin the little buggers.

There is a new restaurant up there serving blubber and chips...

I think anyone contemplating firecrackers around sealions needs to to understand the situation very precisely.

NOAA recently published a guideline around dissaudign sealions, in which it was said that seal bombs _could_ be examples of non-lethal measures that might be permissable. This advisory bulletin may or may not have the force of law. If you want to throw bombs at sealions, you will have to navigate the opinion of any law enforcement personnel who may or may not understand the law, and may or may not think that an m-80 is a non-lethal measure. Assuming you get a ticket, you may, or may not be able to convince a judge that your act was permissable, given the recent bulletin. Given the bulletin, I think anyone with the time to go to court is liable to get off, but you might not, and some guy got fined $7000 a few years back for throwing rocks at the sealions.

Now, given my redneck upbringing, that reminds me of what some of the okies used to say at the beginning of their fishing lessons... "First son, you look around and see if you can see the gamies..."

In addition, in Oregon, the authorities have little tolerance for all the reservation fireworks that we are used to. So if you're going to get adventurous, take it from an old college student, be discreet, son.

I will note, that an m-80 wrapped with 1 1/2 inch of pencil lead sinks below the surface, and is inaudible from 50 feet away, above the surface. Though it makes an interesting Whump through the hull. Or so I'm told, I wouldn't know personally.

It was a NOAA advisory bulletin. What they said was that seal bombs 'may' be legal methods of hazing sealions. Their opinion was an administrative opinion only, and even if valid only holds in the context of the Marine Mammals act, and then only if you didn't hurt the sealion with the seal bomb. They have no power to make fireworks legal, which they are not in the states of Oregon and Washington.

An actual M-80 from 50 feet, will do more them wump your hull, especially if you have it wrapped in lead. Do that around some folks and I am sure they will fire back. Do you get to keep the fish that float to the top?

A buddy and I discussed this over several hours sitting on the Columbia since the fishing was great but the catch was non-existent. We finally decided if you could somehow send that m-80 in a baggy or balloon full of sand, you would have less chance of hurting or damaging anyone, and a better chance of actually scaring a seal. With the m-80s I have seen, the fuses were kinda short and I would hesitate to be throwing them around without lengthening the fuse some to give them time to get away from the boat and sink. If one were to go off in a boat, you WOULD have injury to person and property.

But hey, what about that potato cannon? Is it illegal to feed seals potatos? Or is that a good topic for the next discussion??

Steve

A story from my youth...keep in mind I do not condone the following activity:

When I was a teen in the 70's I had a friend who used to do a lot of striped bass fishing on the east coast. Live menhaden were his bait of choice, which most anglers typically snagged from large schools using a weighted treble, and then placed in a live well. Now this guy perfected an alternate technique which involved running up close to a school, cutting the engine, drifting over the school and dropping a weighted M-80 over the side. The detonaion was inaudible except for the "thump" on the hull of the boat, but the effect was quite spectacular, as hundreds of 16" menhaden erupted out of the water around the boat. This confused thrashing would only last 10-15 seconds, usually plenty long enough to scoop up a days supply. I witnessed him collect bait this way on several occasions, but never saw a single injured fish result (unlike the snagging, which killed many).

Imagine the look on the faces on the many anglers in nearby boats, all vainly trying to snag enough menhaden for the day, when they see (keep in mind there is no sound) an entire school suddenly erupt with suicidal abandon around my friends boat, many fish landing on deck. The biggest challange was trying to net the bait up while in histerics.

What do you think it will do?
I've used seal bombs in Ak. and and been around others who have used them, unless you see the guy/boat that throws it, you won't know who did it. It does not make fish float to the surface (unless you happen to land it within a few feet of 1, and it really is just a whump that you may feel against your hull if your within a couple hundred yards, unless you stick your head under the surface you will hear little if anything.

I guess I don't see what all the fuss is about.

Not like springers are hard to catch.

I recommend some straight 100lb. PowerPro next time you go for springers where there are sealions around. Whole "freshly hooked live springers" works well for bait.

Sealions put up a pretty good fight on 100lb. PowerPro. Never landed one *yet*, but I've had some good battles.

Oh yeah, and I have no idea how I'm going to do my patended Grip N Grin Photo when I *do* land one! Also, am I allowed to fully remove it from the water to take my photo, or do I have to keep part of in the water?

People look at you funny when you actively "troll" a live springer around looking for Mr. Sealion!

What Shaggy and I were discussing was where is the pencil lead going when that thing goes off. The whole idea behind grenades and land mines is the Shrapnel that will get you. Especially if it doesn't quit sink or is near the surface when it goes off. There are safer ways of making it sink if you want to. If they are legal I would do it as safely as possible. If they are not legal then I wouldn't risk the fine, loosing my boat, vehicle etc. My two cents.
Bret

The following is listed on the NOAA Fisheries NW Region Website.
Direct Link: http://www.nwr.noaa.gov/mmammals/pinnipeds/angladvc.htm

*****
Advice to Anglers - Deterring Seals and Sea Lions

Federal law - the Marine Mammal Protection Act (MMPA) - allows recreational fishers to deter a marine mammal from damaging their catch or gear so long as the measures used do not result in the death or serious injury of the marine mammal. NMFS is developing regulations that prohibit certain types of deterrence that may have significant adverse effects on marine mammals, as well as guidelines for safely deterring marine mammals. However, that guidance is not yet available so this interim advice is provided.

Acceptable deterrence measures by sport anglers:


* Are utilized only when the fisher is actually fishing and deterrence efforts are aimed solely at protecting actively fished gear.

* Are not utilized on seals/sea lions that are hauled-out on land, rocks or other structures (e.g., buoys, jettys, etc.).

* Do not cause or have the potential to cause serious injury or mortality to the marine mammal. NMFS has defined injury as:


Injury to a marine mammal means a wound or other physical harm. Signs of injury include but are not limited to, visible blood flow, loss or damage to an appendage or jaw, inability to use one or more appendages, inability to swim, noticeable swelling or hemorrhage, lacerations, and puncture or rupture of eyeball.

To avoid injury to a marine mammal, anglers should not


* Use firearms

* Use any object that can or has the potential to pierce, cut or penetrate the body of a marine mammal


Examples of acceptable deterrence measures are:


* Use of noise making devices

* Use of firecrackers (small scale firecrackers with explosive power equal to or less than Class C explosives - e.g., "seal bombs") on seals and sea lions (provided that they are not placed in contact with the seal/sea lion's body). Check with local authorities to determine if use of pyrotechnics is allowed in your area before attempting to purchase seal-control firecrackers.
*****

Concerned about shrapnel, hmmm ok :rolleyes: , then use a 3 or 4 oz. crescent sinker, it will definitely sink and won't be blown apart by an M-80

Just do what you got to do and do it discretely. What do you really care for and want more, Nice fresh chrome salmon that tastes awesome, or a big fury animal that likes to eat what you are after?? Too much effort and money is spent on a fishing trip to let a sealion have his or her way with your catch.


Shaggy357 and WalleyeWorld--you guys obviously didn't play with fireworks much when you were younger, because a M-80 doesn't do a whole lot of damage. It surely isn't going to throw a piece of lead very far with any kind of force especially under water.

Now see, in my boat, we prefer to use 65lb for sealions. I think it's a little more sporting. Shoot, with 100lb, you just turn his head and you lead him where you want to go. Now, with 65 lb, and 40lb leaders, just to be sporting, again, the poor feller has a chance.

We fought a sealion for a long time two years ago, on the above mentioned gear. It was like marlin fishing. We had to change off on the rod twice, because our arms were aching (there goes our potential IGFA record for freshwater sealion!!). We fought him from Prescott Beach to the mouth of the Cowlitz. He pulled my North River sled clear across the Columbia. Backwards. Into the wind. Uphill at the end. That Tuff Line XP is A-OK.

In the end, we turned the line around the cleat and powered off. This broke the fish loose from the sealion, and, had I been on the big motor rather than the kicker, we could have water skiied the fish to a safe distance and saved it. As it was, I'm here to tell you than a 9 hp Yamaha pushing a 19 foot boat does not have the gumption to outrun a sealion. He got it again, and this time the line broke. In the whole battle, being pulled on by well tied 40 lb Berkely Big Game, the 4/0 Gami siwash didn't pull out.

That was one of the more memorable battles we've ever had. I don't mind losing the fish, but the kwikfish he took was one of my old faithfuls.

Anyway, back to my point, that's how Reel Men fight sealions, on sporting terms. Then, at the end, you strip down to your shorts, grab the bait knife in your teeth, and dive in for the fin check. You can only keep the circumcised males, you see. If he's circumcised, then you gut him there in the water, alive.

100lb test. Pahhh! I'll bet you wear raingear, too.

:D Good Stuff!

I forgot to note that they often squirm a bit during the fin check.

Guilty as charged. I don't like getting wet and cold when I fish!

Actually, if it makes you feel any better, I think I have 80lb PowerPro spooled on my reel, and not 100.

Normally, I run just straight 25 lb. UltraGreen Mono, but when I'm feeling like a Wuss, I grab the rod with the 80lb PowerPro.