Big Rock officials release statement on controversy

[Fishing Report]

MOREHEAD CITY, N.C. -- Big Rock tournament officials issued an official statement Friday on the controversy that rocked last month's contest, saying it's still their belief the boat Citation violated tournament rules when it hauled in a record-setting blue marlin.

One of the boat's crew members did not have a North Carolina fishing license at the time.

Citation's attorneys argue the crew caught the big blue more than 20 miles off the coast, which is beyond the state's territorial waters.

Earlier this week, the board of directors allowed the boat's attorneys to state their case outside of court but they say that meeting will not change their ruling. They hope a judge will confirm the results.

The tournament's nearly $1 million purse hangs in the balance. There is no word when the case could head back to court.

http://charlotte.news14.com/content/...on-controversy

[Deep C]

I wonder who'll be in the oval office by the time this gets decided.

The way the law reads:
The license is required to recreationally take finfish in the state’s Coastal Fishing Waters, which include sounds, coastal rivers and their tributaries, out to three miles in the ocean. Recreational anglers who catch fish in the Exclusive Economic Zone (3 miles – 200 miles offshore) will be required to have this license to land fish in state waters. Fishing in Joint Waters (areas managed by both the Marine Fisheries and the Wildlife Resources commissions) will require either the CRFL or a WRC inland fishing license.

The key words in there "to land in state waters". The license was obtained before they entered state waters wuith the fish aboard. I think the tourney people might have an up hill battle on their hands. It sucks. Nobody wins except the lawyers...

[OCcaptain]

I wonder who'll be in the oval office by the time this gets decided.

The way the law reads:
The license is required to recreationally take finfish in the state’s Coastal Fishing Waters, which include sounds, coastal rivers and their tributaries, out to three miles in the ocean. Recreational anglers who catch fish in the Exclusive Economic Zone (3 miles – 200 miles offshore) will be required to have this license to land fish in state waters. Fishing in Joint Waters (areas managed by both the Marine Fisheries and the Wildlife Resources commissions) will require either the CRFL or a WRC inland fishing license.

The key words in there "to land in state waters". The license was obtained before they entered state waters wuith the fish aboard. I think the tourney people might have an up hill battle on their hands. It sucks. Nobody wins except the lawyers...

How was the license obtained on the way in? Did they use a satelite internet connection??

[CaptGorges]

My understanding is they used a phone. My cell phone works to about 10 miles. A boat like that likely has a sat phone.

[Mucho Clams]

The purse should go to Citation! Just my 2 cents.
They did not catch the fish Illegally, or break any violations to help them "Land" the fish.
The committee should impose a monetary fine like $50,000
to go towards a good cause, like the Barta Kids fishing Tourney etc.
They should NOT be totally Disqualified!!

[Fishing Report]

morehead city —The Big Rock Blue Marlin Tournament dispute has ended in Carteret County, but will continue in Dare County.


Initially two complaints were filed in the case involving the tournament officials’ decision to disqualify the sportsfishing vessel Citation, which hauled in a record-setting marlin, over what officials deemed a rule violation.


One complaint — filed by the tournament — was in Carteret County Superior Court in Beaufort. The other, filed by the Citation crew and owners, was in Dare County Superior Court in Manteo.


But on July 19, a dismissal notice was filed by the tournament in the Carteret County case, ending that action. E. Bradley Evans, tournament attorney, filed the notice.


Tournament officials originally asked in the complaint, filed June 30, that the court affirm their decision to disqualify the Citation.


*
While that complaint is now over, another is still active. The crew of the Citation filed a civil suit June 25 in Dare County Superior Court and the Dare County Clerk of Court confirmed Thursday that the suit is still open.


The dispute began during the Big Rock Blue Marlin Tournament, when the Citation crew hooked an 883-pound blue marlin at 3:16 p.m. June 14. However, the vessel’s mate did not have an N.C. Coastal Recreational Fishing License (CRFL) at the time an angler on the Citation caught the marlin.


The mate acquired his license over the Internet at 5:51 p.m. as they were bringing the fish in.


Crystal Coast Tournament Inc. said that was a violation of the tournament’s rules and disqualified what would have otherwise been the first-place winner of the tournament. Had the Citation not been disqualified, her crew would have been entitled to a prize of $912,825.


Andy Gay, an attorney with Gay, Jackson & McNally of Zebulon representing the Citation crew and owners, says the crew did not break any rules because they weren’t legally required to have a North Carolina license at the time the fish was caught. When the tournament started, the Citation was in international waters 20 miles offshore, well outside the 3-mile boundary that marks North Carolina’s territorial waters.


Mr. Gay said the mate who caught the fish thought he was covered by a blanket saltwater license for the vessel, but that license had expired. He also said the mate acquired a North Carolina CRFL 11 miles offshore, still in international waters.


Mr. Gay said both parties and their attorneys met July 20 to discuss the Carteret County suit out of court. The meeting date was originally set for July 23, but was changed to July 20 without public announcement.


Then tournament officials issued a press release July 23, stating the tournament board has remained firm in its decision to disqualify the marlin caught by the Citation.


“Counsel for the Citation parties requested and was given the opportunity to present the Citation parties' case to a representative of the board and its counsel on July 20,” the release said. “However, at no time prior to, during or since the meeting has the board expressed any intent to change its decision. The board’s willingness to listen to the contentions of the Citation parties has not resulted in a change in its position.”


Mr. Gay said Thursday the position held by himself and his clients has not changed. He said he and his clients would now continue with the legal process in Dare.


“We gave them our simple facts, supported by the law,” he said, referring to the July 20 meeting. “We had an agreement not to discuss this (publicly), then I saw the press release.”


http://www.topsailvoice.com/articles...c361415141.txt