Fisherman Prosecuted for Illegal Tuna Sale

2 fishermen bagged for illegal tuna sale by their own social media posts

photo courtesy of wptv.com

Chalk one up for the good guys and for fishermen who just can’t help showing off.

Two Florida men who tried to illegally sell a 700-pound giant bluefin tuna were caught and fined a total of $27,500 by NOAA Fisheries.

They probably never would have been caught if pictures of the catch had not been posted on social media websites.

When word got out about the catch, law enforcement officers with the Florida Fish and Wildlife Conservation Commission took notice.

The tuna ended up being confiscated and NOAA Fisheries agents were brought in on the case because giant bluefins are a federally managed species and federal penalties can be much greater than those levied by the state agency.

A Notice of Violation and Assessment of Administrative Penalty, more commonly known as a NOVA, was sent to David Fidel, of Boynton Beach, who was fined $12,500 for violating the federal Magnuson-Stevens Fishery Conservation and Management Act.

“Specifically, on or about June 3, 2013, [Fidel] transferred a giant Atlantic Bluefin tuna landed on board his vessel to a person that did not have a valid dealer permit issued under [Magnuson-Stevens Act regulations] for commercial purposes.

“Moreover, when the giant Atlantic Bluefin tuna was landed aboard [Fidel’s] vessel, [Fidel] had an Atlantic Highly Migratory Species Angling Permit, which precludes the sale or transfer of recreationally caught Atlantic Bluefin tuna for commercial purposes.”

The person to whom Fidel transferred the tuna was Mikylo Senkowicz, of Boynton Beach, who received a NOVA for $15,000 for his Magnuson-Stevens Act violation.

“Specifically, on or about June 3, 2013, [Senkowicz] received a giant Atlantic Bluefin tuna for the purposes of selling said tuna that was landed by the owner of a vessel that was not permitted to sell the tuna.”

According the NOVAs issued to the two men, law enforcement officers seized $2,260 “from the sale of one Atlantic Bluefin tuna.”

So, essentially, Fidel was fined for trying to sell a tuna he wasn’t allowed to sell and for giving it to a dealer who wasn’t authorized to sell it. Senkowicz was fined for taking a tuna to sell from someone who wasn’t allowed to sell it.

The NOVAs state that the violators can ask to have the amount of their penalties modified if they don’t have the ability to pay them. They have 30 days to respond to the NOVAs, during which time they can ask to have the penalties reduced, accept the penalties or request a hearing before an administrative law judge to contest the violations and penalties.

The tuna was caught on Fidel’s boat while daytime swordfishing. That has become a popular pastime in South Florida and the Florida Keys. Anglers typically use electric fishing reels to put baits such as squid and dolphin bellies on the bottom in 1,500-1,800 feet to catch swordfish.

Those anglers occasionally catch sharks and some deep-dwelling bottom species. This was the first giant bluefin tuna heard of being caught while daytiming, but then again, others may have caught bluefins and kept the fish stories to themselves.

More Info

Bluefin Tuna Regulations

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Steve Waters has been the outdoors writer for the Sun Sentinel since August of 1990. He got his start in journalism in Charleston, S.C., where he was a sportswriter and covered sailing. In his spare time, he fished for striped bass on the famed Santee-Cooper lakes with one of the high school football coaches he knew and later bought a bass boat so he could fish there on his own. When his sports editor at his next paper, The Tuscaloosa News, found out he had a boat, he asked him if he wanted to cover the outdoors in addition to covering the Crimson Tide. It wasn't long before Waters realized that writing about fishing was way more fun than covering Alabama football. He went on to cover the outdoors for two more newspapers and a TV station, as well as sports ranging from golf and baseball to NASCAR and the NHL, before writing full-time about fishing, boating, sailing, diving, hunting, powerboat racing and environmental issues for the Sun Sentinel.

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