Re: Summation of "reasonable" litmus test

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Posted by Logic on January 12, 2005 at 12:20:00:

In Reply to: Re: Summation of "reasonable" litmus test posted by tleemay on January 12, 2005 at 11:10:46:

"So, as an example, the captain of a boat watches
a fisherman catch and bag a fish either of
questionable size, or a well known protected
species that is on the no take lists. Does the
captain have the right to search the fisherman's
bag, measure the fish - which is illegal in size
or species allowed to take, and then report the
fisherman to DF&G officials for possible poaching
investigation with the fish LEGALLY being used
as evidence by a court of lay to support a

Well, I'm not a lawyer but I'd say the answer would be yes. If the captain knew about the violation and did nothing he could be considered an accomplice who was aiding a poacher by allowing his boat to conceal contraband. An analogy would be the homeowner who knowingly allows a family member or tenant to store drugs on his property. The question is would the captain be penalized for allowing the activity and to what degree? My personal opinion is that the captain (private and commercial) is responsible for what occurs on his boat and should be held accountable but to a much lesser degree than the perpetrator. If the captain is a repeat/habitual offender the penalty should be increased accordingly.

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