A popular Southeast Alaska fishing lodge has been fined $20,000 and placed on probation for aiding illegal sport fishing activity.
Sitka Superior Court Judge David George accepted a plea deal on Thursday that fined Dove Island Lodge Sitka Sport Fishing Charters LLC $60,000 with $40,000 suspended and placed the company on informal probation for five years. Conditions of the probation prohibit the company from taking unguided trips to Salmon Creek, Politofski Lake, Plotnikof Lake, Goudling Lake — four locations where violations occurred.
The company was originally charged with 13 class ‘A’ misdemeanors after a covert Alaska Wildlife Trooper Investigation in June of 2009 found an employee retained an over limit of king salmon, yellow eye and halibut; failed to retain non-pelagic rockfish; made false entries in saltwater sport fishing logbooks; and fished more poles than paying clients from a vessel engaged in sport fishing charter activities, among other violations.
The investigation also found that the owner of Dove Island Lodge, Harold Duane Lambeth, 44, unlawfully furnished shellfish to guests at the lodge and failed to comply with logbook reporting requirements, both class ‘A’ misdemeanors.
Assistant Attorney General Andrew Peterson argued in charging documents that Dove Island Lodge should be held responsible for the employee’s unlawful conduct for purposes of corporate liability.
He wrote that Alaska state law allows corporations to be held legally accountable for an employee’s illegal conduct, “if the conduct is the conduct of its agent and within the scope of the agent’s employment and on behalf of the organization.”
Dove Island Lodge pleaded guilty to one count of sport fishing operator aiding in the commission of a violation, a class ‘A’ misdemeanor, in the plea deal reached Dec. 8.
All other charges against the company and Lambeth were dismissed. If the company breaks the conditions of probation, their sport fishing guide/operator license will be revoked for one year.
The employee was sentenced earlier this year in April following a plea deal.
Eric J. Morisky, 52, who was the sport fish charter guide during the undercover fishing trip on the ‘Island Spirit’ that lasted four day and three nights at Dove Island Lodge, was ordered by the same judge to serve time in jail, perform community service and pay several thousand dollars as a fine, according to electronic court records. Morisky’s sport fish guiding license was revoked for one year, and he was banned from purchasing a license for one calendar year.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (14)
Add commentNo doubt...
...this was the first time either Lambeth or Morisky had ever violated the fishing laws. Bummer for them that they just happened to have a copper onboard that one time.
I will bet there are more
I will bet there are more Fishing lodges doing the same thing. I'd check them all out.
What the heck....
I just don't get the punishment phase of these successful stings and convictions....I would like to know the price tag of the investigations, fees paid to the lodges and charter boat operators, the cost of the legal and court time, etc. I will bet it is a huge number in comparison to the fines.
The judges that hand out these wimpy fines after all the work involved in bringing the crooks to justice just doesn't make sense. Fine them at least enough to cover the total costs to the State, if not substantially more, to make it painful enough so that others in the business figure that the penalty for being a jerk isn't worth the risk.
Throw the book at them, suspend their licenses for life, take their boats, weapons, and be done with it (them). Judges need to quit being so lamby pie when the bad guys are convicted.
Well said nottacheechako; I
Well said nottacheechako; I totally agree with you.
The legislature needs to
The legislature needs to stiffen up penalties, i.e., make penalties mandatory for some crimes. They've done that with other crimes. With Alaska's fish and game resources so valuable, this idea is plausible. That way, judges would have to hand down a mandatory sentence and would have no leeway when prescribing sentences. It's amazing how many crimes are committed regarding fish and game. Check out the trooper report sometimes (especially during the summer) and see what happens: http://www.dps.state.ak.us/pio/dispatch/index.asp
What bugs me in these reports is that someone can essentially lie on their license application (saying they are a resident) and they are fined. I say take away their ability to get any sort of fish and game license for life.
There are people in Sitka that can't get enough to eat...
What get me is this:
'...$40,000 suspended and placed the company on informal probation for five years.'
What the HECK is 'informal probation'??? You are kidding me, right? Is this a new 'Sitkaism' or something?
I suspect this is the same bust as the time Island Spirit came into Auke Bay last summer low in the water with overlimit fish. They were properly documented by everybody for hours with fish photographed in long lines stretched out on the dock.
There has been increased surveillance on Lodges in the last few years, some with undercover anglers. That will make it very difficult for Lodge operators to tell who is just piggy overlimit and who is a under cover agent. I would guess that will put a crimp on that free-wheeling Alaska lifestyle in some of Alaska's remote lodges.
I just wish the judges would quit suspending all the convictions. Really, the law is the law, and the law does allow everyone to eat really well. There are a large amount of deliberate charges in this case. These were not mistakes. This was real poaching. What is the excuse NOT to bust a guilty party? Look at it this way: It's good for the environment.
If the threat of heavy
If the threat of heavy penalties is there, these clowns will stop doing this kind of thing. Some drunk peeing on the side of a building in an alley downtown gets nailed harder than these jerks who are threatening a natural resource. I say all the way up with a red-hot poker on these guys.
for a long time
everyone in sitka knows that they have been breaking game laws. they started out their laws breaking zoning laws. many locals have had these guys be especially rude with them when they run into each other out in remote areas fishing. the dove islands guides act like they own everything.
the worst is that these dove island guys don't take the time to learn the country... they follow other float planes in and land on the same lakes and stream mouths and start fishing right there where someone else is (someone else who flew all the way out in the wilderness to be alone!).
Dove Island continues to be a shady operation.
Over harvesting continues
When the commercial fisheries called "charter boats" was basically shut down in Washington and Oregon 25 yrs. ago, one of the reasons was overharvesting. Since Alaska had not yet been overrun with charter boats many of those folks flocked up here to operate. Hence, this type of greediness is rather commonplace I'm sure. I also have no sympathy for the folks whining over Halibut quota, cuz if left up to the charter boats, they'd fish till there are no more. I say hire a few more Law Enforcement folks to catch more of these "commercial fishermen" as the monetary value for what they would hopefully curtail would be worth their salaries etc. Limited entry for this charter industry should be considered.
Charter fishing businesses
I don't know much about the charter fishing business but I heard on how they bring out so many fish out of the state and sell them to lower 48 markets.
I agree with a lot the previous comments about this issue. The people of Alaska need get into action and stop sport fishing business to keep them from getting greedy and not caring.
ed...not sure what you heard,
ed...not sure what you heard, but I don't think any of these people "charter clients" are taking their fish south and selling them. the individual charter client doesn't take enough out with them to supply a fish counter for a few days, and the margin wouldn't even pay for the overhead of the travel cost.
That being said, they do need to tighten the regs on the charter fleet. I've seen too many pictures of people lining up the dock with their tiny fish.
Akbrdguru, It actually
Akbrdguru, It actually happens quite a bit. If you can sell your fish and pay for your entire trip, why not? Especially if the charter captain is willing for a slight additional tip...
Can't give stiffer penalties
The judge could not give out any harsher penalties in this case, If he did the punishment would have been stiffer than that normally given to child molesters with dozens of counts.