Secret MLPA Meetings Revealed - Kayak Fishing Adventures on Big Water’s Edge

dsafety · 02-08-2011, 02:01 PM

So Paul, I am curious about a couple things. As we have all known for some time, the BRTF did not play fair. They violated a bunch of rules. Their behavior is the smoking gun for those of us opposed to their MLPA recommendations. My question is, what are the potential consequences of these actions?

There is a big difference between improper and illegal. Were the private meetings and all the other improper activities illegal in a criminal sense? Can these folks be prosecuted for what they have done? Are they subject to civil suits for the economic losses resulting from tainted MLPA closures?

There is a legal concept known as "fruit of the poisonous tree". This concept is primarily applied to search and seizure issues. It seems to me that this concept could also be used to invalidate a multitude of actions, including laws that come to be as a result of an illegal act. Does this concept have any implications here?

There is a part of me that is happy and hopeful that the MLPA closures we fought against will be invalidated and the entire subject of fisheries management will get a fresh look. The pessimistic side of me remembers that this is all about politics and money. Our Government does not have a very good track record of coming in on the side of average guy when big money and powerful political forces are pushing from the other side.

Bob

02-08-2011, 02:01 PM	#1
dsafety Olivenhain Bob Join Date: May 2008 Location: Olivenhain, CA Posts: 1,122	So Paul, I am curious about a couple things. As we have all known for some time, the BRTF did not play fair. They violated a bunch of rules. Their behavior is the smoking gun for those of us opposed to their MLPA recommendations. My question is, what are the potential consequences of these actions? There is a big difference between improper and illegal. Were the private meetings and all the other improper activities illegal in a criminal sense? Can these folks be prosecuted for what they have done? Are they subject to civil suits for the economic losses resulting from tainted MLPA closures? There is a legal concept known as "fruit of the poisonous tree". This concept is primarily applied to search and seizure issues. It seems to me that this concept could also be used to invalidate a multitude of actions, including laws that come to be as a result of an illegal act. Does this concept have any implications here? There is a part of me that is happy and hopeful that the MLPA closures we fought against will be invalidated and the entire subject of fisheries management will get a fresh look. The pessimistic side of me remembers that this is all about politics and money. Our Government does not have a very good track record of coming in on the side of average guy when big money and powerful political forces are pushing from the other side. Bob Last edited by dsafety; 02-08-2011 at 04:43 PM.