YouTube video could bring charges in black sea bass incident at Newport Beach

What initially appeared to be a case of a good Samaritan rescuing a huge black sea bass in Newport Beach could now result in criminal charges against the man for allegedly failing to help the animal, authorities said.

The controversy stems from a Jan. 3 incident during which a fisherman in a boat accidentally caught the fish, which is a protected species in California.

As the boat -- sea bass in tow -- pulled near shore, an unidentified man swam into the water and pulled the fish onto the sand. At the time, officials with the state Department of Fish and Game believed that the man had tried to rescue the floundering fish.

"They thought he made a reasonable effort to return the fish unharmed to the water," department spokesman Harry Morse said Monday.

But a video posted on YouTube shows the man apparently pulling the fish onto the sand as a throng of people surround the animal, shouting and cheering. 

After that video and others were posted on the Internet, Fish and Game officials reversed course and forwarded the case to the Orange County district attorney for possible prosecution.

"We're reviewing it to determine what, if any, crime occurred," said Farrah Emami, a district attorney's spokeswoman.

-- Robert J. Lopez

Comments

[andy]

People can be really dumb. No wonder our planet is dying.

[NaturesWonders]

Yes, throw the book at him. Though I'm not sure how aware people are that black bass are protected. People probably thought he was just getting a really big fish and thought it was cool. There really needs to be more awareness.

[JJ]

If you watch part 5, the guy is trying to remove the hook from the fish's stomach (including reaching his arm all the way in) then tried to get the fish breathing again. What else was he supposed to do???

[Efron Herta]

There needs to be charges brought in this case.

[Martin Miller]

Dragging a Black Sea Bass, an endangered species, onshore to die is sad scene to watch. Call the swimmers ignorant. As for prosecution, the boat owners should be the target.

If you get a CA fishing license, the rules are clear about what can be caught, and what's off limits. Either the people in the boat were fishing without a license or were just violating the law. How the perps managed to catch Black Sea Bass of about 200 pounds is a mystery. We have enough vanishing species in coastal waters already. Again, this is sad.

[Dat]

There is quite an uproar on a few Southern California sportfishing community forums about this incident. The man who brought the fish and the boater who gaff the fish is in clear violation of the fish and game law. The fish should have been released immediatley. The idoit who caught the fish just wanted a picture and draged it onto shore, which ultimately decreased the fish chance of survival. I hope both idoits get whats coming to them for killing that fish. Us sportfisherman are having enough time with the MLPA, we dont need the MLPA more excuses to close more of our fishing grounds.

[big L]

We know it is a Bayliner boat.. Any licence numbers on the boat from this film???? This should be easy to track. Someone will call them out!

[Clemente]

This is an endangered species thats why it is prohibited by law to take out of the ocean. This man who pulled the fish and dragged the fish to the sand should be prosecuted. He could have pulled the hook off and immediately and returned the fish to the water and wait till the fish will swim out.

Pulling the fish to the sand deprived the fish the much needed time to be able to recover and breathe.

[Sarah]

Watch the rest of the videos before commenting. The guy is blatantly trying to save the fish. And the article says that the fishermen in the boat "accidentally" caught the fish.

I would be absolutely shocked if this man was convicted of anything. He acted swiftly to try to save the fish.

[William Leone]

Where are the lifeguards are there not any officials on the pier stationed.
If so they should be prosecuted too.

[Scott]

There are several videos!
Part 7 shows the fish after he removed the 2nd hook from the fishes stomach ,he had to reach his arm down inside the fish.

It doesn't look as though the fish survived.
Not sure anyone realized that this was a protected fish.
There was a fishing boat that hooked it first.
How do you prevent certain types of protected fish from swallowing a hook?

[warrk21]

The black sea bass always die when you caught them, alway Die

[Graceland]

Did anyone see part 5 of the video?? Clearly he was trying to save this fish. I too would be surprised if they prosecuted this man.

[Will]

The more I think about it the more disgusted I get. There really aren't that many large Black Seabass around anymore. That's why they are protected. These clowns removed a key element of the population, a breeding adult. It takes some 15 years before they can reproduce. There has been a crime committed and I hope someone pays the price. The rare large Black Seabass has already paid the supreme price.

[Will]

Heyh JJ, about your comment posted on 2/1. "what else was he supposed to do???". Well I'll tell you JJ. Dragging any fish up onto the sand leaving it high and try out of the water certainly isn't the answer. If the fish swallowed the hook just break the line near the mouth. The fish has a better chance and the hook will rust out after a couple of weeks. The guys in the boat that caught the fish should have 1. Known what type of fish it was and realized it was a protected Black Seabass. 2. Often times the fish will survive if you just CUT THE LINE! Personally if I had brought that fish to the surface I would have made every attempt to revive it and send it back down by either using weights, use a procedure to pop it's a bladder which can be done if knowledgeable, or get into the water boat side an attempt to swim down at least 10' or so with it to give it a chance. And to District Attorney Spokesperson Farrah Emami, A crime has definetly been committed and I hope your office will pursue justice.

[joshua]

ok, seriously, how many people know what a black sea bass looks like and know that its endangered? i lived in newport for a while and had no idea. however, it is blatantly obvious the guys in the boat knew this. the guy who brought it to shore very visibly attempted to remove the hook and save the fish. whether or not he did everything appropriately is not of concern. anyone remember the good samaritan law we passed recently? seriously, the guy did what way more than he was obligated to do in an attempt to save a friggin fish. the guys in the boat should have taken appropriate actions to release the fish instead of dragging it in. if anything they should be on the hook for not immediately working to correct their error. not for catching the fish, but for not releasing it as they should have. also note that there are no lifeguards, who presumably would have had the proper information and tactics to handle the situation visible in the video.

[k]

If you look closely, the fish is caught in a little white anchor with chain and line attached - and it looks like netting is snarled around that...I doubt the people in the boat "caught it", they were probably just rescuing it.

Imagine the uproar if they did what they were supposed to do - get a knife out and pierce its bladder to help it swim down again... I bet all the YouTuber judge & jury watchers would have the man convicted for sure.

And how is the man supposed to stop a crowd from getting excited about a HUGE fish that few rarely see???

[bigjobsboard]

If there is someone who is ought to be prosecuted, its the people at the boat. They are the ones who had caught the fish and worst brought it ashore. Poor man in the beach, he is just trying to help and now is being prosecuted. Next time someone needs help in reviving a fish or an animal, will not get any.

[Jake]

Slam both the boat and the guy dragging the fish in with fines/jail. IF he were trying to "save" the fish, you DON'T drag it onshore. That's just common sense.

[Antoine Bacha]

"No matter what happens, we are going to hear complaints of our presidents and our governors, there is always someone who just wants the attention." What is interesting about this comment, is that I heard it from a four year old child in the super-market. He loves politics, at least this is what he said, and then his mother took him flying down the aisle, as he had just spoken to a total stranger.

Children are watching us and it is apparent that some parents still don't get it. While we argue and steal the world from our children who are coming behind us, it is the not going to make our world any better. This young man was one of many who is fed up with political stuff that makes no sense half the time, I was amazed when he told me he was four and half. To think there is more time to screw it up for him.

[Greg]

Commercial fishing is the only way this fish would be killed off by man. One guy with a fishing pole is not the real threat to the species.

People who want to throw the book at him are not thinking ahead. You should be ashamed at what you have done to our rights and freedoms. Maybe some day when a cop enters your private residence and arrests you because you are smoking pot (or a cigarette), you will understand. Maybe one day when you get arrested for criticizing the government you will realize that we need to protect everyone's freedoms.

If you take a fish home, due diligence is required to be certain the fish is not protected. If you catch and release, who can call that a crime?

[Chris Jones]

Only in California!! Throw the book at him? Really? I understand protecting endagered species from ABUSIVE over fishing but this is clearly not a case of someone intentionally breaking game and wildlife regulations. And no...I don't feel bad for the fish...boohoo.

[Jeff Janzen]

I would like to add a couple of comments in response to statements of attack on the people involved. 1) According to California Fish and Game regulations, a person 16 years and older does not need a fishing license to fish from a public pier. 2)Just because these people are boaters does not mean they know fishing regulations. 3) Where were all the people that viewed the incident? I guess they should have been yelling "protected species" at the top of their lungs. Where were the life guards? 4) Even protected species get old and die. A fisherman on a pier with the tackle he was using should not have been able to bring in a healthy 200+ pound black sea bass, before the boat ever got to the fish, it looked nearly dead. 5) Your mob-mentality appalls me.

[Kurtis Thorsted]

The man and pier personal should be charged very high fines for killing a protected species.

[CJ]

Ummm...black sea bass are protected, not endangered. You can fish for them throughout the US. The protection status sets catch limits, minimum size requirements and fishing seasons, just like you have for trout, redfish, etc. Apparently, some of you like to over exagerate things a bit, probably cause you don't know what you are talking about. If you are one who doesn't think we should kill any animals and only eat grass then say so. Don't act like this man killed the last remaining condor. Give this guy a break.