Big Rock Rules Violation

[scattered_grass]

anybody know who the mate was?

[Nauti Natured]

I PERFORMED MY FIRST WEDDING AS THE REV 'BOX LAST NIGHT THANK YOU VERY MUCH....AND THE RUN-OFF IS OPEN THURSDAY JUNE 24TH & 29TH , & FRIDAY JULY 9TH FOR MAHI AND BILLFISH ACTION...

LOL ... pretty work Box.

[mad dog bite]

Imagine if it was a charter and the mates technical violation cost them the prize money...Round 2 of litigation.

[Sportsman]

I understand the BR rules include the statement that NCDMF will require CRFL. With that said, let's look at what waters the CRFL covers. See attached link to map as well as the link to the fishing waters designations in NC. The designation sheet includes the instruction that it is the angler's responsibility to know what waters they intend to fish and what license is required. With that being the case, I've not done much marlin fishing in what our State identifies as coastal waters and I can assure you that the Citation was not fishing in coastal waters, but Federal waters. SO.....why the requirement for the CRFL in the first place? My $0.02 says....NCDMF writes the mate the citation(s) and BR writes the winning check to Citation boat.

http://www.ncwildlife.org/Fishing/do...ing_Waters.pdf

http://ncdmf.net/maps/coastal_inland/index.html

[snowranger]

Jay,
As you know, I am a lawyer and a fisherman. First of all, I feel for the Citation and can only imagine the disappointment as a tournament fisherman. But that is not what you asked for!

In my opinion, the language of the rules is legally ambiguous. The first paragraph in question states that "All boats must have" an HMS permit. The second sentence says NC "will require a recreational fishing license for anyone participating in fishing aboard a vessel." The obvious ambiguity is whether a recreational license is required by tournament rules? Generally, where language in a contract is ambiguous, a judge will try to ascertain the intent of the parties. In this scenario, I believe it was the intent of the tournament that all participants in the tournament comply with the recreational license requirement (otherwise they would not have DQed the fish). The intent of the Citation is not clear, however, I suspect each of the other anglers had a valid NC license. The most compelling factor (in my opinion) is that the recreational license requirement (although not written clearly) is listed on the page entitled "Tournament Rules." Why else put it on that page? Just an FYI? I can see a judge saying "Hey, the recreational license requirement is listed on the Tournament Rules. It doesn't matter if the Rules say the Tournament requires the license or the state. It is nonetheless a rule." On the other hand, a competent lawyer could argue that the rule is not clearly written, that had it been written clearly (i.e. The Tournament requires Recreational Licenses...) Citation would have been able to comply and, that as written, the sentence does not technically impose a tournament requirement to possess the license. A judge could find that the tournament rules do not technically require a recreational license so the team should not be stripped of the prize money. It could go either way but I think a judge would favor a "rules are rules" approach and uphold the DQ. Most judges will see through a technical argument (where they can do so without the risk of being appealed).

I have to say that the party at fault here is the Big Rock Tournament and Rules Committee. If you are hosting a tournament with $1.6 Million in prize money...hire a lawyer to review your rules (contract). There really is no excuse (after the WMO lessons) for having rules that are unclear and open to interpretation. It may cost you a few bucks to have a lawyer clean up the language but in the long run it is always money well spent (case in point). The Citation nor the 2nd, 3rd, or 4th place teams should be responsible for the likely lawsuit here. All have a reasonable argument as to how the rule should be applied because it is not clear. I am sure each of us would feel very strongly depending on which side of this controversy we fell.

It is a shame it has come to this but everyone knows it has. A $900K top prize changes everything and everyone. Adapt. Do it right.

Anyway, that is my take on the rules and the generic legal interpretation. This of course is not legal advice but a commentary by a fisherman who happens to be a lawyer!

Let the bashing begin...







HMS Permits
All boats must have one of the following valid permits - HMS Angling (recreational), HMS Charter/Headboat, or Atlantic Tunas General Category Permit (commercial). Permits will be valid from the date of issuance through December 31, 2010. Permits must be on board the vessel when engaged in fishing. The Big Rock Tournament is a registered recreational HMS tournament. For more information - www.nmfspermits.com or (888)-872-8862.

North Carolina Recreational Fishing License: As of 01/01/2009
The North Carolina Division of Marine Fisheries will require a recreational fishing license for anyone participating in fishing aboard a vessel. This includes a license for the captain, the mate and the anglers. These individual licenses can be purchased on a 10-day, annual or lifetime basis.
252-726-7021. http://www.ncfisheries.net/recreational/NCCRFL.htm

[clt_capt]

So I'm just a dumb computer engineer, but I'm trying to understand why a Blanket NC Charter Coastal Fishing License would not cover all participants on the boat.

Assuming Citation has a blanket license, the mate would have legal according to NC law - regardless whether he has an individual NC Coastal Rec License...

[Sportsman]

Assuming Citation has a blanket license, the mate would have legal according to NC law - regardless whether he has an individual NC Coastal Rec License...

Are they still a charter boat under the new owner?

[Split Bill]

Wouldn't it be great if 2nd and 3rd place in the Blue Marlin division reached out to the Big Rock organizers and said Citation deserved the 1st place and all associated prize money?

Of course, when there's a million bucks on the line and lawyers involved, the world becomes far from perfect.

Just a bad situation...

[bigfishhooker]

Are they still a charter boat under the new owner?

I wondered the same after seeing Fred's name missing and new paint.

[bigfish4me]

http://www.jdnews.com/sports/rock-79581-city-rules.html


Wow looks like the hired mate lied.....sucks for the rest of the crew.....exactly how doe one go about taking $900,000 out of some ones ass