Seine netter menaces sport boats and orcas (video)

Out at Eagle Point today this seine netter "Kelly Anne" blew into the middle of a bunch of sport fishers (blaring their horn), dropped their net boat, bore straight down on me, then dragged their net right into a pod of orcas. I got a video. It's a bit rough but you can see what's going on.

https://www.youtube.com/watch?v=CPqS-4gDiu8&feature=youtu.be

I've seen a fair amount of brazen behavior by tribal netters, but this takes it. They are out of control. This wasn't the only commercial boat operating with impunity. It was a bad scene, there was alot of tension out there.

Recreational boats get ticketed for so much as sneezing in the direction of whales. Tribal fisherman can run them over and know there will be no consequences.

Ballz!

Be sure to keep that video for when NOAA/NMFS again pushes for closures with exceptions - and you know who is included in the exceptions!

Posted this on fb passing the word. Should send to local news.....if they dare touch a Indian boat doing wrong.

That is nuts! At first I thought you were going to be in your Kayak.

Notice the number of rivers that are now closed to angling on Indian Fishing Days? Wonder how long it will take for this to occur in major saltwater fisheries.

It happened a few years ago between the hood canal bridge and foulweather bluff between mid july and august...

while it may not have been a major saltwater fishery, it made all us small boats make the run all the way out to foulweather to target the early run coho's instead of fishing them close by the ramp.

Did their HID indicate which tribe they are from?

The last three letters appear to be SWN. Does that make it Swinomish?

I think that Lummi and Swinomish are the primary Tribal seiners with Suquamish and (maybe) Tulalip having a few. Some tribes (at least to have) rules against seines in their own fisheries.

Just remember that it is the Suquamish tribe which has objected to the ramp work at PNP and is holding up that project insofar as the USACE will not issue the permit absent agreement between WDFW and the tribe(s). One of their two major points is that recreational fishers who would use that facility would impair their tribal fishing rights. The other is their concern about impact on forage fish spawning habitat - NOAA/NMFS has issued a letter to the USACE basically giving its thumbs up to the project.

The type of behavior exhibited by the skipper of that fishing boat should net him a visit by the Coast Guard, but nothing will happen if past incidents are an indicator of future enforcement directed at tribal members.

You should drag a 100yard rope behind the boat.

Allowing the sporties to fish an area, as the video shows, obviously interferes with the tribal right to fish however they want. It proves Suquamish's point.

If you believe that the treaty rights include fishing the individual tribe's U&A when ever and in any manner they decide with no consideration for the other treaty signatories ( "in common with" ) then you are probably correct.

That leads to an interesting worst case scenario given that most if not all of Puget Sound is in the U&A of at least one treaty tribe.

IN COMMON WITH.

WDFW has several policies that are designed to "minimize gear conflicts"...which are often used to keep commercial guys out of some areas (to reserve them for sporties), or to keep sporties out of some areas (to reserve them for commercial guys).

There are already day closures on some rivers where tribal fishers net to "minimize gear conflicts"...and I can see this happening on the salt as the inevitable result of this type of activity.

Fish on...

Todd

I don't think the tribes are exempt from the regulations regarding orcas.

This type of activity is strictly the fault of bad negotiations by the state. Each side should be allowed to be able to get their share of the quota. If the tribes are allowed to take action that continuously upsets the ability of the non-treaty side to effectively get their share, action should be taken. Is there any reason that they are not seining at night, when the sports fleet is not out there? I have been fishing an isolate spot on the river and had a tribal drift netter come barreling down the river, then, upon seeing me, stop go back up and drift through the hole I was fishing, then, pull up and take off not stopping at any other hole or spot. It is bull that they do not have to take any action to respect our ability to take our share, but we can go to jail if we do anything to restrict their ability..

The original "No Go Zone" made exemptions for certain vessels to include tribal.

The current reg as changed in 2011: http://www.noaanews.noaa.gov/stories2011/20110414_killerwhale.html

That revised rule specifically exempts vessels actively fishing - but still includes a variety of recreational vessels to include kayaks.

It's too hard to see at night after you've had 10 40 ouncers. Otherwise they would be out there at night. I just can't believe how the state and the Feds turn their heads at all of the [Bleeeeep!] the Indians pull. They are the undisputed kings of cheating and poaching. They are also leading the pack in the littering category. I've seen many instances of them throwing garbage out of cars, boats etc. They just can't stand the thought of the white boy having any pleasure. I am so sick of their twofaced bitching. They are by far and away the worst enemy of the migratory fish. Yes there is habitat loss, logging and other problems but NOTHING is more detrimental to salmon and steelhead than the Indians. They net them in the salt, they net them in the rivers and they waist so much of the fish they get. They cheat in the placement of their nets on the rivers. I think just about everyone on this sight has seen the piles of gutted fish where only the eggs were taken and the carcass left along with dead males. I still say that since they are a separate nation they should be required to have passports to leave their NATION to come into our NATION! They should be required to pay taxes instead of using our tax money to cheat and piss it down the drain. The state should be making them pay taxes on the millions they make from the casinos. Until I see them make a real attempt at cleaning their acts up I will never be able to have any sympathy for them or recognize them as a legitimate entity. This anger comes from over 5 decades of me fishing this state and seeing things that are just downright wrong! They are a bunch of bona fide losers and make no attempt at doing better.

10 40 ouncers...hahahaha

So yeah, turns out (and as Larry B mentioned)...commercial boats (tribal or not) who are actively fishing are exempt from the normal rules that apply to orcas.

http://app.leg.wa.gov/RCW/default.aspx?cite=77.15.740

RCW 77.15.740
I agree that the law is aimed at recreational vessel owners.

Intent -- 2008 c 225: "The legislature encourages the state's law enforcement agencies to utilize existing statutes and regulations to protect southern resident orca whales from impacts from vessels, including the vessel operation and enforcement standards contained in chapter 79A.60 RCW." [2008 c 225 § 3.]

RCW 79A.60 heading reads REGULATION OF RECREATIONAL VESSELS.

Let us all keep in mind that one of the emerging talking points is that orcas need to eat and that boating activity may interfere with their feeding.

The non-sequitor aspect of the exemption for the commercial fishers is that their commercial operations have a much greater potential for adversely affecting feeding behavior than recreational boaters as evidenced by the video clip.

And what do they eat among other things? Salmon. And if the salmon are gone what impact will it have on the Orca population? I guess it doesn't matter as long as the Indians get theirs. So they can have ancient rituals ceremonies like making cedar baked salmon, drinking 40 ounce cans of beer, litter piling, egg stripping and basic techniques on how to poach and place nets where they aren't supposed to be. They also have ancient rituals like shooting multiple elk in the same day illegally. Don't forget the episode where they pulled assault rifles on two men with a two year old hunting legally. The incredibly intelligent tribal police were off the reservation but thought they were on the reservation. That is enough to scare the crap out of me.

I fished on a seine boat for five seasons. Without commenting on the bearing down by this seiner, I would say that if you are ever around a seine boat again just get on their stern on the outside corner as the net is under tow. They tow for about 20-30 minutes once the net is completely off the deck. They are spilling fish at the stern. You can catch them. They are not fish that the seiner could catch because they already spilled them. I told my father this and he did it and caught fish on a day when no one else was.

I can see why this was upsetting as they set right in the crowded area that you were fishing. The reason that the seiners weren't fishing at night is because traditionally the gillnetters are working at night. I'm not saying that any of this is right but I can say that this is how seining is done whether it is tribal or non-tribal.

The thing that bothers me about seining in Puget Sound is the fact that so much of the catch is by-catch that all of us sport fishermen would love to catch. To the seine crew it is not much money if any. It is just a way to keep the gear working and put a few fish in the freezer. They should not be allowed to fish in Puget Sound.

good info too