Remember "That" Black Sea Bass? - Charges Filed

[Fish Dog]

District Attorney filed charges on both the fishermen and the guy in the boat. I didn't even know they had ID'ed the guy on the boat...

http://www.ocregister.com/news/fish-253930-apothaker-brady.html

Good job DFG! Took long enough for the DA to decide on charges though...

[Danny300]

Great job dfg!!!! Job well done!!! I'll be there on the 16th to yell fish killer too.

[BIGRED KILLA]

I love his website i bet he donates all that money straight to his pocket.




Bigred

[Which Way Out]

Who ever was involved with the comment " I'll split it with you" is guilty in my book. enough said

[BIGRED KILLA]

Who ever was involved with the comment " I'll split it with you" is guilty in my book. enough said

X2 They will have a hard time trying to fight that comment in court.



Bigred

[gavin310]

If the story in this article is true about how he brought the fish to shore, removed the hooks, then took it back out into the water to revive it, what everyone is up in arms about is that he took too long to put it back in the water? Or are you saying as soon as he saw that it was a black seabass he should've cut the line?

[TaperSteve]

They probably used the guys reg # on his boat to ID him. They have AL0T of video on Youtube of it. Id have to look back and see the videos but im sure you can prob see the reg # in atleast one of them.

The guy in the boat was trying to help gaff the BSB. He could have helped with releasing it but instead they gaffed it and dragged it on shore so they could take pics with it.

TS

[DockRat]

If convicted, Apothaker and Brady each face a maximum sentence ranging from probation to six months in jail.
They are scheduled to be arraigned on July 16 in the Harbor Justice Center in Newport Beach, according to a statement from the District Attorney's Office.

Apothaker declined to comment Thursday and referred inquires to his lawyer, Christopher J. McCann, of Santa Ana.

“This entire thing has been blown out of proportion,” McCann said. He insisted Apothaker was innocent and actually tried to save the fish.
“There is a no way anyone could have known that that fish was a giant black sea bass before it was brought to the surface,” McCann said. “And by the time that happened here, Jonathon was no longer in control of it.”

McCann said Apothaker swam out to get the fish in order to disentangle lines, ropes and gaffs that others put into the bass so he could release it. Apothaker could not have rescued the fish in the heavy surf, McCann added, and had to beach it to remove the lines and hooks.


HE PULLED IT UP ON THE BEACH FOR A PHOTO SESSION.

WE SAW THE VIDEO Christopher J. McCann,



“He did not keep or hold the fish on the beach any longer than possible,” McCann said, “and then he worked feverishly to resuscitate the fish in shallow water for a long period of time. Of course that part is not captured on videotape.”



“He did not keep or hold the fish on the beach any longer than possible,”

WHAT A JOKE, WE ALL SAW THE VIDEO !

GUILTY !

:Finger: Jon Apothaker :Finger: Christopher J. McCann :Finger:

DR

[sshernandez]

All I GOT TO SAY IS F.T.P. Thats good they got him i seen that crack head there all the time always trying to sale fish...

[Lightline]

I'll come to the defense of the defendants.

If the judiciary decides to make an example out of them then so be it. but its kind sad because if you think about it. Commercial fisheries catch hundreds of fish a day, and tons of it is by catch and is sent back in to the ocean regardless if its dead or alive and these guys catch one fish and they serve time in jail. I dont think its right.

http://news.mongabay.com/2005/1201-oceana.html

http://www.sciencedaily.com/releases/2010/04/100406125549.htm

[Danny300]

SIX reasons why this out of work actor should be convicted. NO REMORSE FOR HIS CRIME.

Good thing he got himself a DUI attorney to rep. in court LOL

[Anglerboi]

It's obviously what these guys were up to (it may be easy to fool a non-fishermen or tourist but you can't fool fishermen especially DFG they have heard and seen all the excuses). This incident is not the first time DFG has busted BSB poachers, normally the guilty quietly take the charges because normal people are accountable for their mistakes. The fact that these guys made a big deal out of it definitely makes it an easier prosecution. They deserve all the penalties just like any normal fisherman would be guilty of. The DFG is undermanned so they know they cannot protect from all poachers, incidents like this make it a lot easier for DFG to do their jobs. If these two geniuses had some common sense and admitted they made an honest mistake instead of insulting the intelligence of the Saltwater fishing community and DFG with BS charity internet sites and T-shirt sales maybe they would of received a slap on the wrist. Even if these guys claim to have not known the regulation the law does not give a shiet about ignorance only mental illness. I hope our fishing license fees and the penal system follow through with some justice. I have witnessed DFG give fines for much lesser acts, this incident is pretty damn blatant and they deserve to be penalized.
Word of advice for these guys next time if your going to kill someone or something do it in a dark alley or your backyard don't do it at Disneyland!!!

[DockRat]

I'll come to the defense of the defendants.

If the judiciary decides to make an example out of them then so be it. but its kind sad because if you think about it. Commercial fisheries catch hundreds of fish a day, and tons of it is by catch and is sent back in to the ocean regardless if its dead or alive and these guys catch one fish and they serve time in jail. I dont think its right.



By catch is different than Balboa Pier on a busy weekend. He knew what it was.
Should have jumped in, cut the line and let it go.

Too many POACHERS at piers.

http://i270.photobucket.com/albums/jj82/usmccmig/judge_banging_gavel_lb.gif GUILTY

Warning; BS Below.

“He did not keep or hold the fish on the beach any longer than possible,” McCann said, “and then he worked feverishly to resuscitate the fish in shallow water for a long period of time. Of course that part is not captured on videotape.”


Watch the below video and it is out of the water 5 minutes and was out before the video started.

At 4 minutes the photo session starts. :Dead Horse:


http://www.youtube.com/watch?v=sO2mP-dKQWM


http://www.youtube.com/watch?v=mzyQmSusmhk


http://www.youtube.com/watch?v=Bzw5LDkewqkDR

[Lightline]

Still go with the defendant.

Poachers on the pier is no comparison to the bycatch of commercial fishermans.

[madwire3]

lame,, wrong is wrong no matter how big or small, u know the guy or something? guilty of something simular?

[WARRIORMIKE]

I say a year in jail for each year that fish was alive?? Its murder in the second degree

[gavin310]

a small hook would heal out faster than the giant *** pier gaff he snagged the fish with.
the fish shoulda never been handled on dry sand. out of the water for a long aaaaaa time. too long. in youtube videos u can hear people in the crowd letting him know it was a no keep bsb. he kept soaking in tourist fame as the protected species was getting shafteed. ultimately he knew what he was doing by his setups and passerby comment. he fd up. then lies lies lies and tries to solicite money? dfg has video of his pompous attitude, which will be the nail in his coffin. if he was genuinely appologetic...........

Damn I didn't know he gaffed it. Yeah that's fd up

[madwire3]

watch the vids,, the boat guy beats the fishes face with one of them trying to stick the gaff, wack wack wack

[smokehound]

lame,, wrong is wrong no matter how big or small, u know the guy or something? guilty of something simular?I agree with you. What kind of violent child abuser defends the death of a black sea bass, then trashes the fisheries?

Lightline, your argument is retarded.

[Lightline]

lame,, wrong is wrong no matter how big or small, u know the guy or something? guilty of something simular?

Yeah i know his mom and his dad just like I know your mom and your dad, stupid. Yeah and Dont you remember you were fishing for lobster at redondo pier with line and hook and you stuck 3 of them in your back and went to the car. and you told the guy next to you not to say anything. Dont you remember?

And dont you remember the time you were fishing on the rocks and you caught 20" halibut and you stuck it in your back pack and went to the car?


I agree with you. What kind of violent child abuser defends the death of a black sea bass, then trashes the fisheries?

Lightline, your argument is retarded.


Dont you remember when you were beating your son and fishing at the same time and told him to go get your beer?

Are you two related or something? second cousins or brothers from different fathers? silence is an admission.

You two should focus more on the oil spill in the gulf that the "commerical" oil industry created. Seems that they will be killing more giant sea bass then this guy. dont get your panties all in a bunch. go buy some gas and you two fill feel better.


Still go with the defendant.

Poachers on the pier is no comparison to the bycatch of commercial fishermans.

He is probably screwed but he still deserves a defense. But you two on the other hand I dont know, making personal attacks in a forum was uncalled for.

http://video.foxnews.com/v/4000167/


"Fishing Information: There has been a moratorium, which will probably last many years, on landing giant sea bass in California. All fish must be returned alive to the water (fish was returned alive to the water based on the video). Occasionally, fish taken by anglers will "float" (yup, it floated to the surface alright) to the surface as their gas bladders expand. They may be returned by carefully inserting a hypodermic needle through the side of the fish into the gas bladder and allowing the air to escape. Please be aware that it is illegal to take or possess giant sea bass."
http://www.dfg.ca.gov/marine/mspcont9.asp

Yeah it sucks, he probably knew it was a black sea bass. it looked like he was using a wired leader and wire cutters to cut the wire. But if he would have cut the mono line the fish would be entangled later...





"Giant sea bass were once a relatively common inhabitant of Southern California waters, yet in the 1980s it was facing the threat of local extinction (http://en.wikipedia.org/wiki/Local_extinction) off the California coast. Beginning in the late 1800s, the species supported both a commercial fishery taking hundreds of thousands of pounds annually, and a sport fishery that also landed hundreds of fish each year. Spear fishermen also exploited the giant sea bass, first as free divers, and then after the mid 1950s using scuba gear. Often the divers would target the species when they moved into shallow water during the summer months to spawn..."

[madwire3]

personal attack? maybe read over all this again and i chimed in after your ignorant comments, yeah i would agree with u but apparently u didnt watch the video, u know a fish is protected and a big no no so why even risk it? i know grand theft auto is a big no no so u know what i do? i dont steal cars... pretty simple and maybe we didnt jump off topic because there was no cause for it, the topic was these guys getting caught for doing something wrong bottom line maybe u should relax a little, sitting around waiting for someone to attack? oil spill? yeah if that was the topic we would be talking about that and not finding an out for these guys, watch the videos if u havent already, seems like u havent but do so... maybe u should grab a beer or two and try to relax.. lol personal attack, did u even read the crap u wrote?

[Lightline]

personal attack? maybe read over all this again and i chimed in after your ignorant comments, yeah i would agree with u but apparently u didnt watch the video, u know a fish is protected and a big no no so why even risk it? i know grand theft auto is a big no no so u know what i do? i dont steal cars... pretty simple and maybe we didnt jump off topic because there was no cause for it, the topic was these guys getting caught for doing something wrong bottom line maybe u should relax a little, sitting around waiting for someone to attack? oil spill? yeah if that was the topic we would be talking about that and not finding an out for these guys, watch the videos if u havent already, seems like u havent but do so... maybe u should grab a beer or two and try to relax.. lol personal attack, did u even read the crap u wrote?


Maybe you should re-read your post and stop drinking them 40 oz before posting.



lame,, wrong is wrong no matter how big or small, u know the guy or something? guilty of something simular?

So what are you implying? Seems that in both of your post you like to imply something with innuendos and you seem to be ignorant to that and its funny because its your post. Re-read your post.

Your a drunk hu? You should drink a little less before you post. You seem to like questioning things and dictating what people should do.

You should drink less and pay attention to what you write before you post.


Did you even read the CRAP you wrote? Stupid


Still go with the defendant.

Poachers on the pier is no comparison to the bycatch of commercial fishermans.


"Fishing Information: There has been a moratorium, which will probably last many years, on landing giant sea bass in California. All fish must be returned alive to the water (fish was returned alive to the water based on the video). Occasionally, fish taken by anglers will "float" (yup, it floated to the surface alright) to the surface as their gas bladders expand. They may be returned by carefully inserting a hypodermic needle through the side of the fish into the gas bladder and allowing the air to escape. Please be aware that it is illegal to take or possess giant sea bass."
http://www.dfg.ca.gov/marine/mspcont9.asp

Yeah it sucks, he probably knew it was a black sea bass. it looked like he was using a wired leader and wire cutters to cut the wire. But if he would have cut the mono line the fish would be entangled later...

[smokehound]

I like how you criticize me for a "personal attack" then claim i "beat my son and tell him to hold my beer" :LOL:

Commercial fisheries have nothing to do with a bunch of jerks molesting a bass.

P.S. You seem to have been fined several times for fishing without a license. Hmm... :LOL:

[Lightline]

I agree with you. What kind of violent child abuser defends the death of a black sea bass, then trashes the fisheries?

Lightline, your argument is retarded.

When you start calling people "violent child abusers" with out provocation your making a personal attack based on nothing. Your calling a person namely me a child abuser and that sir is a personal attack.



I like how you criticize me for a "personal attack" then claim i "beat my son and tell him to hold my beer" :LOL:

Commercial fisheries have nothing to do with a bunch of jerks molesting a bass.

P.S. You seem to have been fined several times for fishing without a license. Hmm... :LOL:

Ummm....NO. but you have been arrested for beating your son while hes holding your beer.

And umm... Your quote is incorrect and your reading needs improvement and or you might need reading glasses. I never said that you told your son to hold your beer. I said
"Dont you remember when you were beating your son and fishing at the same time and told him to go get your beer"

But what ever floats your boat, if you like to tell your son to hold your beer while your beating him then so be it....LOL

And you should stop poaching Lobsters and under size Halibuts off Redondo Pier...LOL

Eye for an Eye.







Still go with the defendant.

Poachers on the pier is no comparison to the bycatch of commercial fishermans.


"Fishing Information: There has been a moratorium, which will probably last many years, on landing giant sea bass in California. All fish must be returned alive to the water (fish was returned alive to the water based on the video). Occasionally, fish taken by anglers will "float" (yup, it floated to the surface alright) to the surface as their gas bladders expand. They may be returned by carefully inserting a hypodermic needle through the side of the fish into the gas bladder and allowing the air to escape. Please be aware that it is illegal to take or possess giant sea bass."
http://www.dfg.ca.gov/marine/mspcont9.asp

Yeah it sucks, he probably knew it was a black sea bass. it looked like he was using a wired leader and wire cutters to cut the wire. But if he would have cut the mono line the fish would be entangled later...

[smokehound]

Dont worry, I'm through with you already. :LOL:

[Lightline]

Dont worry, I'm through with you already. :LOL:


I figured you give up...lol

[Swank909]

I'm glad something will finally come of this, hopefully others will learn there are consequences for their actions.

[BIGRED KILLA]

Still go with the defendant.

Poachers on the pier is no comparison to the bycatch of commercial fishermans.


Wow........

[DockRat]

Still go with the defendant.

Poachers on the pier is no comparison to the bycatch of commercial fishermans.
...

Foget Bycatch OFF TOPIC !

You see a neighbor dump 5 gallons of oil down the sewer.

You say 'It is ok, do you know how much oil is spilled in the gulf'

Your comparison simular to a local shooting is the same as the Iraq war.

Try to stay focused. The topic is a Shallow Water BSB at Balboa pier.

NOT, 'Hooks on the Line' on Natgeo.

DR

[gavin310]

I'm only saying this to protect the BSB, not for the sake of the fisherman, but I think signs should be posted on the piers with a picture of a BSB and include instructions on how to release it safely. That way no fisherman could play dumb and more BSB would make it out alive from this type of situation.

[Lightline]

Ok fair enough.

I agree but this is what it says on DFAG's webcite


"Fishing Information: There has been a moratorium, which will probably last many years, on landing giant sea bass in California. All fish must be returned alive to the water (fish was returned alive to the water based on the video). Occasionally, fish taken by anglers will "float" (yup, it floated to the surface alright) to the surface as their gas bladders expand. They may be returned by carefully inserting a hypodermic needle through the side of the fish into the gas bladder and allowing the air to escape. Please be aware that it is illegal to take or possess giant sea bass."
http://www.dfg.ca.gov/marine/mspcont9.asp

There are many people who have taken Giant sea bass out of the water and taken pictures and then send it back floating. And to the majority of the anglers its a no no but many do it. If you have a Giant sea bass the consensus is to retrieve line unhook and release fish. It sounds simple enough but we've all encountered a difficult release or two.

No doubt this dude story smells like rotten fish. From the looks of things he new where he was fishing, he used a wire leader and some heavy line. For all we know he might have diver friends that told him theres a spot there that you can catch a giant sea bass.

But based on the DFAG's page he has a shot of getting off the hook from my reading and interpretation of it.


My thing is, this dude no matter how bad he may be, killed 1 giant sea bass. and yes 1 dead sea bass is 1 dead sea bass and he violated the law period, OK. ...

But we would still be catching sea bass today if it was not for the commerical fisheries. Do you really think DFAG was set up to prevent the rod and reel anglers from destroying the fish population and to preserve the fisheries for future? I dont think so but thats just me.

Is the court gona make an example out of this guy? maybe.


My point is everyones panties is getting bunched up for 1 dead giant sea bass when tons of bycatch is killed by commercial guys.

http://www.youtube.com/watch?v=LiT3y9sM_Mo&feature=related
http://www.youtube.com/watch?v=ksa6-NdkFsI&feature=related



And the oil thing? there are more animals dieing because of the commercial oil industry to probably killing more fish and other animals for years to come.

DFAG was set up to preserve our wild life for future generations that commercial guys lobbied to restrict rod and reel anglers to certain fishing. They are supposed to prevent people from catching and selling their catch for profit because if they didnt it would hurt the commercial fisheries. if you sold a fish to some one for cheaper then the commercial guys get less of a cut of the profit because that will be one less dead fish for them to make money on.



Any how based on the language of the DFAG web page.

defendant has a good shot of getting off.

[Lightline]

I'm only saying this to protect the BSB, not for the sake of the fisherman, but I think signs should be posted on the piers with a picture of a BSB and include instructions on how to release it safely. That way no fisherman could play dumb and more BSB would make it out alive from this type of situation.

I agree with that one.

i guess no one not even DFAG would have imagine that a Giant sea bass would be caught on a pier now a days. They were probably shocked when they saw a guy catch a giant sea bass off a pier.

And they had to react because they had to many people calling in and reporting about the youtube video. They had no choice but to enforce the regs or at least try to.

Their under-man no doubt and that is why they spend most of their time going after bigger true poachers. Poachers who Catch and kill game for a PROFIT!

[smokehound]

Good call with the signs, thats a great idea.

[DockRat]

Good call with the signs, thats a great idea.

Too many signs already. Know the rules or pay the fines.
DFG rules and regs book is free and has almost a whole page on BSB.
Even a dumbass flipping through it can't miss it.


http://www.youtube.com/watch?v=qLm3HMG8IhM

DR

[Danny300]

UPDATE: Pre-trail will start August 23, 2010 @ 8:30 a.m. courtroom H13

Both charged with T14/28.10(a) CR Unlawful possession of Black Sea Bass

Jonathan Paul Apothaker & John Francis Brady both pleaded not guilty

Orange county court case number 10HM04414

[Swank909]

Thanks for the Update Danny, can't wait to see how the trial goes.

[smokehound]

We require the services of judge Dredd for this one...


I AM THE LAW.

[Swank909]

We require the services of judge Dredd for this one...


I AM THE LAW.

You can't forget about "The Law Giver"

http://www.kingofswords.com/images/lawgiver.jpg

[Ray Lopez]

the way that poor fish was handled was very poor and these guys do deserve to be punished. They both also claimed the fish didn't look like a BSB to either of them!!! WTF do they not have eyes? It looks like the only fish it could be and that is a giant BSB!!! The fact that they put all those hooks in it's mouth to try and beach it proves they were gonna try to keep it. I'm sure they decided otherwise once someone on the beach told them "Hey that is a BSB!"

The right thing to do would of been to cut your line or have the guy on the boat cut it and pull the hooks if possible. If not then they would of rusted out eventually an that beautiful fish would still be swimming around.

Light liner you seem to be caught up in other things. Watch the videos of them dropping all those grappling hooks in that poor fish's mouth so they could drag it to the beach!!!! They F'ed themselves and deserve to be punished for their actions.

Being a angler it is your responsibility to know the rules and regulations for the areas that you fish. If you don't know then guess what you will get in trouble if the DFG stops by to check on ya. I also agree that anyone who fishes should hold a valid fishing license so that way they can not play ignorance when caught doing something illegal. When you sign that FL you are saying you know and understand the rules and regulations for where you expect to fish.

[DockRat]

the way that poor fish was handled was very poor and these guys do deserve to be punished. They both also claimed the fish didn't look like a BSB to either of them!!! WTF do they not have eyes? It looks like the only fish it could be and that is a giant BSB!!! The fact that they put all those hooks in it's mouth to try and beach it proves they were gonna try to keep it. I'm sure they decided otherwise once someone on the beach told them "Hey that is a BSB!"

The right thing to do would of been to cut your line or have the guy on the boat cut it and pull the hooks if possible. If not then they would of rusted out eventually an that beautiful fish would still be swimming around.

Light liner you seem to be caught up in other things. Watch the videos of them dropping all those grappling hooks in that poor fish's mouth so they could drag it to the beach!!!! They F'ed themselves and deserve to be punished for their actions.

Being a angler it is your responsibility to know the rules and regulations for the areas that you fish. If you don't know then guess what you will get in trouble if the DFG stops by to check on ya. I also agree that anyone who fishes should hold a valid fishing license so that way they can not play ignorance when caught doing something illegal. When you sign that FL you are saying you know and understand the rules and regulations for where you expect to fish.

:Applause: http://i2.photobucket.com/albums/y17/xdarkdrake/rant.gif :Applause:

Don't forget Dumbass Jon says he tried to release as quick as possible ?
After posing for multiple pics while it was gasping :ROFL:

:Finger: Jon Apothaker :Finger: Your going down http://i153.photobucket.com/albums/s202/acid41/Avitars%20and%20emoticons/Judge1.gif
DR