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Finance

Fight Continues Over Crew’s Massive 883-Pound Catch, $1M on The Line

Jan. 9, 2013 4:35pm Becket Adams

Crew of The Citation Land Massive Marlin But Theyre Still Battline Over The Prize Money

Citation angler Andy Thomossan, left, and Eric Holmes stand next to their 883-pound blue marlin, which broke the record for the biggest blue marlin in the Big Rock Blue Marlin Tournament in Morehead City, N.C., June 14, 2010. (Chris Miller/The Daily News/AP Photo)

RALEIGH, N.C. (TheBlaze/AP) — About four hours after the fishing charter boat Citation left dock on the Outer Banks to compete in one of the country’s richest deep-sea fishing tournaments, crewmembers were in the fight of their lives. Something huge was hooked, but it was invisible to human sight as it dove for the ocean bottom about 27 miles off the North Carolina coast.

Five hours later they hauled up a monster, an 883-pound, 14-foot-long blue marlin. They knew the silvery-blue torpedo of muscle bigger than a bear would mean a huge payday in the June 2010 Big Rock Blue Marlin Tournament when they recorded their catch in coastal Morehead City.

“When we finally saw it we couldn’t believe it,” the Citation’s captain, Eric Holmes of Buxton, said at the time. “To catch a fish this big … it’s something. It really is. We got lucky and it’s good to be lucky.”

Here’s footage of their 2010 catch:

But their luck soured. The boat’s owners landed in a fight for the $910,000 in prize money that continued Tuesday with arguments to North Carolina’s Supreme Court.

Tournament officials disqualified the Citation’s crew because the 22-year-old first mate, Peter Wann of Alexandria, Va., did not have a $15 North Carolina fishing license when the fish was hooked. His license was purchased while the Citation was still two hours out to sea and chugging toward a landing.

Tournament rules state that a fishing license is required for everyone aboard a participating vessel, said E. Bradley Evans, a lawyer for the contest’s organizers. That rule was also emphasized at a pre-tournament meeting that Holmes and Wann did not attend.

The non-profit group that runs the tournament has no gain in disqualifying the Citation, but did so to protect the contest’s integrity, Evans said.

“If none of the rules are material, then people could take rifles and shoot fish. They could fish at any hours of the day if they want to,” Evans said. He said the rules were critical to the operation of the tournament and the most important aspect.

The boat Citation caught this 883-pound blue marlin on the first day of the 2010 Big Rock Blue Marlin tournament. (Courtesy Capitol Broadcasting Company & Dylan Ray)

Wann thought the Citation had a blanket license that covered the entire crew, and when he found out there may have been a question if his license was active he got online while still miles at sea and bought another while still outside the state’s territorial waters, which extend three miles from shore, said Darren Jackson, an attorney for the boat’s owners.

“Maybe it was just luck that they happened to have a computer with internet access out in the middle of the ocean, but they did. And they did get the license,” Jackson said.

State regulators couldn’t decide when or if Wann violated state fishing laws and had to amend the citation they issued the mate, Jackson said. While one tournament rule said North Carolina required a recreational fishing license for anyone aboard, the language didn’t state that failing to follow the state law could lead to disqualification from the contest, Jackson said. Disqualification for violating the fishing license rule was as unreasonable as if the same punishment were leveled for other violations that didn’t tilt the competition, like going too fast in a “no wake” zone or failing to have the proper number of lifejackets on board.

“They applied this provision with the most drastic remedy they could,” Jackson said. “It’s the ultimate decision. It’s their death penalty, so to speak. I would argue to you that’s the height of arbitrariness.”

The high court should send the case back for a jury to decide, Jackson said, not let stand a lower-court ruling that he said doesn’t pass the smell test.

The Citation’s lawsuit to reclaim its winnings was dismissed after it was transferred to the county where the tournament is based, and after local Superior Court Judge John Nobles Jr. decided its merits without a jury. Only just before the hearing did the Citation’s lawyers learn that Nobles was the former law partner and vacation buddy of the attorney representing the boat finishing second after Citation.

Claud Wheatly III and Nobles had taken several vacations together, including during the time the lawsuit had been under way, the Citation’s lawyers said. Owners of the second-place Carnivore stand to divide $999,453 after taking the winner’s share and part of the third-place money.

Wheatly noted to the high court that Citation’s lawyers have no evidence that Nobles displayed any prejudice or bias in the case.

Follow Becket Adams (@BecketAdams) on Twitter

Featured image courtesy the AP.

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Comments (17)

aythya
Posted on January 11, 2013 at 12:07am
As a North Carolinian , and fisherman familiar with the tournament the argument that not having the license was not specified as grounds for disqualification of without merit. Other rules, geographical limits on where you can fish, hours that are legal to fish, etc. are all grounds for disqualification if broken and everyone knows it. Blanket licenses for boats apply only to for hire charters and any captain in the tournament knows that also, especially one from this state. When you spend the thousands of dollars of entry fees ($18,000 last year to be in the top tier prize wise) to fish the Big Rock, have literally millions invested in boat and gear you can darn well bet the captain had read the rules , having attended the captain’s meeting or not. Citation screwed up. They need to get over it.

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- dmerwin
  Posted on January 11, 2013 at 1:49am
  Don’t have the license. Shouldn’t be fishing! Sorry, lots of honest people screwed, otherwise. NO empathy here.
  
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Turin
Posted on January 10, 2013 at 10:16am
Licensing = coercive government shakedown for more money. This dispute is ridiculous. It doesn’t pass the smell test.

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TexOkie
Posted on January 9, 2013 at 8:28pm
“If none of the rules are material, then people could take rifles and shoot fish.”

If the Second Ammendment means nothing then they certainly would not be able to take rifles and shoot fish.

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denkat56
Posted on January 9, 2013 at 7:19pm
I think you need to set up a panel headed by Biden, get a couple of exec orders ready, and most of all at a moments notice be able to blame Bush.

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Junter
Posted on January 9, 2013 at 7:15pm
The judge should have recused himself from this case. As as judge he should know this.

re·cuse
/riˈkyo͞oz/
Verb

Challenge (a judge, prosecutor, or juror) as unqualified to perform legal duties because of a possible conflict of interest or lack of…: “a motion to recuse the prosecutor”
(of a judge) Excuse oneself from a case because of a possible conflict of interest or lack of impartiality.

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OUTLAW_WEALTH
Posted on January 9, 2013 at 6:47pm
Licensing is barbaric. This is why the Magna Carta was signed, LOOK IT UP.

The King had his own private reserve, and insisted that the peasants be “regulated”.

That’s the only fishy thing about this story.

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- cmonnow
  Posted on January 9, 2013 at 7:51pm
  right. we should be able to kill anything, anytime, anywhere !!! that is freedom !!!
  
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- atechgeek
  Posted on January 10, 2013 at 10:03am
  Licensing is a requirement of the contest. It was written in the rules and if the “1st Mate” did not have a license and the Captain didn’t know about it … they should be disqualified. Was it oversight or stupidity? Purchasing the license on the way in, as they did, makes me believe stupidity was in play.
  Now if it was the 1st mate’s wife who was along for the ride .. sure .. keep the money .. she wasn’t involved in the catching of the fish. Not the case here .. the 1st mate is responsible for baiting and setting the lines.
  
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The-Monk
Posted on January 9, 2013 at 6:17pm
Something smells fishy here…..

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BigDaddyTex
Posted on January 9, 2013 at 5:55pm
I get a new hunting and fishing license every August. EVERY August! It’s good for a year. If I need a special stamp/endorsement, I get it BEFORE the trip…. So easy, even a Texan can do it!
These guys should have taken care of bidness BEFORE the trip so there’s NO QUESTION….
just sayin’………
VIC138′s right: Get a big payday from the Japanese and move on!

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vic138
Posted on January 9, 2013 at 5:18pm
Maybe they should sell it the japanese for 2M and call it a day.

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- atechgeek
  Posted on January 10, 2013 at 10:36am
  Marlin goes fro about $1 per pound .. I believe you are thinking about Bluefin Tuna. If it were Bluefin Tuna, the Gubbamint be in der right away to confiscate it.
  
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Minnaloushe
Posted on January 9, 2013 at 5:09pm
Poaching on the King’s Grounds! Off with their heads!

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Darmok and Jalad at Tanagra
Posted on January 9, 2013 at 5:07pm
But there was good intent by the first mate. That should matter, but just to make the whole crew feel better, maybe a nice participation trophy and some free obama bucks and cell phones will do.

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woodyee
Posted on January 9, 2013 at 5:04pm
The story says that the fisherman did not obtain a license until the boat was already en-route back to the docks.

That means that their fishing was over. If the fishing was over, then the unlicensed gentleman was admittedly fishing without a license, which is a violation of law AND tournament regulations.

They must have money to burn because, unless the tournament directors cave (unlikely), they’re going to lose…

on the other hand, if they’re Obammy bundlers, then we might just find out that the prize was actually ten million, and that they DID win it…

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Eastinfection
Posted on January 9, 2013 at 4:59pm
when i was a teen, we used to drag kegs to a lakeside in the woods, start a bonfire, and party till we got busted…
those of us that had fishing licenses were spared a ticket, while the others had to pay a trespassing fine.
always had a license.
never been fishing once.

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