The story below, published on http://www.mtshastanews.com/, is the stuff of CSI plots. Credit Food for Thought’s Jim G. for finding this story and sharing it with us:
By Earl Bolender
Microscopic identification tags injected into the tail fins of hatchery rainbow trout helped provide evidence that led to the arrest and conviction of a former Dunsmuir restaurant owner for poaching. Larry Baker Sr., former owner of the River Cafe in downtown Dunsmuir, pled guilty in January to charges of unlawful take of trout, unlawful sale of trout, illegal fish in an eating establishment, and littering, all violations of the Fish and Game Code. “He was ordered to pay $5,323 in restitution, sentenced to 30 days in jail, placed on three years probation and banned from fishing in California or accompanying anybody fishing for three years,” said Joe Powell, the Mount Shasta area game warden who led the investigation into Baker’s illegal fishing activities. “What makes this case unique is this is the first time, at least that I or anyone I’ve talked to is aware of, that tagged fish have been used to successfully convict someone of poaching,” he said. During the four month surveillance and undercover operation, which began last July and culminated in early November, Powell said Baker was observed taking more than the daily limit of trout from the Sacramento River and then selling them at his restaurant.
“We could very well have gotten him for exceeding the limit, but we wanted to get him for the other violations as well,” Powell said. “I contacted the district attorney who said he would be willing to prosecute if we could prove that the trout were going from the river to the table. That’s when we came up with a nice little plan.”
Powell contacted Mark Hampton, an associate fishery biologist with DFG.
“Mark tags salmonids in this region,” Powell said.
Salmonid, which includes salmon and trout, are tagged as juveniles with decimal coded wire tags, or CWTs. CWTs are a length of magnetized stainless steel wire with microscopic identification numbers.
When a micro-wire detector is passed over the CWT, it provides information on the fish’s unique ID number. Powell said the information is used for such purposes as monitoring fish migration.
Salmonid are normally tagged in the snout. However, because the head is discarded before the fish is served, the idea of placing the tag in the tail fin was looked at.
“I asked Mark if he could tag adult trout in the tail fin,” Powell said. “Mark said he had never tried it before, but would give it a shot. It worked. About 300 hatchery trout were tagged.”
During the investigation, Powell learned that Baker had two favorite fishing spots in Dunsmuir, “The Wall” off River Avenue and “The I-5 Hole” below the 800-foot bridge. The two locations were planted with the tagged trout.
Powell and game wardens John Dawson and Jake Bushy staked out the two fishing locations and were rewarded in their efforts.
“Baker showed up at The Wall shortly after it was planted,” Powell said. “He was very good. I watched him catch five trout in a five minute period.”
He said Baker would reel in the trout, sling the fish up, “much like the professional bass fishermen do,” take out the hook and snap the neck of the trout backwards.
“That was a very unusual method that we had never seen before,” Powell said. “It was an effective method. Once he snapped the neck back, he would immediately re-bait his hook with salmon eggs and cast out again.”
The game wardens staked out the two locations on three consecutive stocking days.
“At that time of year, the river is planted once a week so we staked out the two locations for three days in a three week period,” Powell said. “When other people were around, Baker would catch his five trout limit and take them to the restaurant and go back later to a different spot.
“When no one was around, he would catch his limit, put them in a plastic bag and place them in the trunk of his vehicle and go back and catch five more and do the same thing,” he said. “He was obviously well aware of the law.”
Baker’s activities were also videotaped, which helped lead to the littering conviction.
“I had Warden Dawson videotape his activities,” Powell said. “Just as he focused in on a Dr. Pepper can, Baker picked up the soda, took a drink and tossed it in the river. It was like it had been choreographed. Just before that he had also been caught tossing an empty salmon egg jar into the river.”
In an effort to prove the trout were being illegally sold at the River Cafe, Powell said he asked game wardens Yvette Adams and Rich Wharton to partake of a trout dinner at the River Cafe. “Yvette is a lieutenant in our Redding office and Rich is brand new to the Weed area,” Powell said. “I knew nobody would know them”. The undercover wardens did not finish their trout dinners and asked for a doggy bag and left. Powell was waiting a short distance away and when he waved the detector over the tail of the leftover trout, it positively detected the tags. Obtaining a search warrant, Powell and other game wardens went to the restaurant and were told Baker “is out fishing.” An inspection of the kitchen found about 20 trout on a cutting board. “About half of them were tagged, which is to be expected,” Powell said. “A certain number of trout are not caught in the first week of planting so they carry over.”
Powell said River Cafe dinner receipts for a full year were seized.
“It is estimated that up to 60 trout dinners were served at the restaurant,” he said. “The receipts showed that Baker had spent $36.72 for the entire year on purchase of trout. That just doesn’t add up to 60 dinners.
“The Fish and Game takes a very dim view of commercializing fishing,” Powell said. “That was what was done here. You can’t put a price tag on any critter.”
“They (DFG) did a good job on this case,” Siskiyou County DA Kirk Andrus said. “Coming up with proof that someone is catching trout and then selling the fish in an eating establishment is not an easy thing to prove. They got it done, which is pretty impressive. We said we would prosecute if they could prove that was what was being done. When it comes to protecting public health, we’ll follow through.
