Morro Bay fishing boat operator settles case with District Attorney
– District Attorney Dan Dow announced that Black Pearl Sportfishing LLC, owner of the “Black Pearl” fishing vessel, and its operator, Brian Walker, agreed to pay $12,600 in penalties and restitution and comply with fishing restrictions when taking customers sport fishing, according to the District Attorney’s Office.
The Special Prosecutions Unit of the San Luis Obispo County District Attorney’s Office settled a civil enforcement action with Black Pearl Sportfishing LLC and Walker. The “Black Pearl” charter boat service regularly takes paying passengers on deep-sea fishing trips along the coastal waters of San Luis Obispo County, according to the office.
Commercial fishing is regulated in California to protect coastal ecosystems. Officers with the California Department of Fish and Wildlife patrol and enforce fishing laws along the state’s coastline.
On July 12, California Department of Fish and Wildlife officers were on patrol in the “Bluefin” vessel in foggy conditions near Piedras Blancas in San Luis Obispo County when they identified on radar a suspected boat drifting inside a restricted fishing area. The captain of the “Bluefin” lowered a patrol boat and dispatched two officers to investigate.
Using radar and command instructions from the “Bluefin,” officers located and identified the “Black Pearl” in the fog and observed 20 customers fishing in waters seasonally prohibited to fishing. A later audit by the California Department of Fish and Wildlife of the electronic fish logs submitted to the state by the crew of the “Black Pearl” found the vessel was not accurately recording the species of rockfish caught by passengers, according to the office.
After being contacted by the District Attorney’s Office, Black Pearl Sportfishing LLC took steps to comply with reporting requirements by replacing the vessel’s computer hardware system and training crew members in its use, according to the office.
On Jan. 22, San Luis Obispo County Superior Court Judge Craig Van Rooyen approved the settlement stipulation and issued an order requiring Black Pearl Sportfishing LLC and Walker to pay $10,600 in civil penalties. They also agreed to pay $2,000 to the San Luis Obispo County Fish and Game Fund, which supports programs and projects benefiting fish and wildlife in San Luis Obispo County.
The order prohibits the business from exceeding daily fish catch limits set by law and requires the boat’s crew to report the specific species of rockfish caught by customers.
“Civil enforcement actions like this are essential to protect our precious marine resources and to make sure that everyone who does business on our coast plays by the same rules,” Dow said. “By holding violators accountable, we safeguard the long-term sustainability of our coastal waters and ensure a fair marketplace for the many law-abiding commercial fishermen who depend on them.”
The Department of Fish and Wildlife investigated the case, and Deputy District Attorney Kenneth Jorgensen prosecuted it, assigned to the District Attorney’s Consumer and Environmental Protection Unit, according to the office.
Environmental enforcement cases may be pursued in criminal or civil court and include matters such as illegal transportation or disposal of hazardous waste, illegal streambed dumping or alteration, and cases involving worker death or serious injury, according to the District Attorney’s Office.
To report suspected environmental violations, contact a local police department or, in unincorporated areas of the county, the San Luis Obispo County Sheriff’s Office Patrol Headquarters at (805) 781-4550. Assistance is also available through San Luis Obispo County Environmental Health Services, according to the office.
