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Expat's Fishing Boat Attacked by Philippine Officials


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Jess Bartone

This reminds me of a situation I found myself in quite a few years ago.

 

Me and a couple of mates had been out riding our bikes one sunny Saturday afternoon, and stopped at a pub for a cleansing ale or 3. One of the fellas got talking to an MC member. Next thing I know we'd been invited to continue drinking at their clubhouse. Reluctantly, I went along, but they turned out to be a friendly bunch of blokes, and pretty soon I was playing pool with one of the members. I got on a roll and started sinking balls pretty good. I stepped back to the bar between shots to swig on my beer, and another member leaned over, without looking at me, and said

 

"The Prez doesn't like getting beaten on his table by visitors".

 

The "Prez" was standing there looking at me, and he wasn't smiling. I walked around the table looking for a way out. He had six coloured balls left, and I had one. I considered just potting the black, but he would have lost face on that too, so I just pushed my coloured ball around the table until he caught up, and eventually "won". He shook my hand, smiled, and called "Next".

 

When I was young, my Dad taught us to box, but he also impressed upon us,

 

"Sometimes, son, discretion is the better part of valour"

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I just don't want this to fall on Norwegians, we are more in the habit of makings asses of ourself in bar's, getting drunk and stupid. This however, is most common among people from Tr
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mattwilkie

Fishing is always a strange business.. in the UK the fishing industry has pretty much been destoyed by the common market allowing Spanish ships into the UK waters. Personally I would happily torpedo them for being off the coast. At least the Philippines is acting to improve things. Do i agree with having a boat shot up? The video doesnt show what they actually did.. if they acted in a manner such as trying to outrun the government boat then they would have likely fired a few rounds to make them aware to stop and prepare to be boarded. We are in the Philippines like it or not we have to live within that society. Some things that are done in the Philippines if done in the west would be branded racist. But we made that choice when we arrived on the islands. Whole thing about the Philippines is not rebelling against the system but using and manipulating the system against itself.

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*nods* I lived in Poulsbo, Washington, so ja, I know about that. Then I moved to Ballard (part of Seattle) where there were mostly Swedes, so I was saved/damned (pick one). In both places there was the occasional Finn wandering around looking confused.

 

Note: Randy is an American but perhaps part of the reason he sounds " off - American " is because he lived in Japan for some time . :-)

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Keeping a high profile is what may keep him from harm.

 

Disrespecting filipinos?!! Get real--he is the one being harassed.

 

I guess Randy doesn't want to bend over when tapped on the shoulder.

 

I respect him for his position and standing up for his rights.

 

As far as Randy being a guest in this country, yeah maybe, but his wife whose name the boat is probably registered in is not a guest.

 

urther, I met randy and asked him about the scar on his hand. He told me he got while fighting rebel forces on Mindanao in the service of US Armed Forces (yeah, that mindanao in the Philippines where is is currently living). Maybe that gives him a sense of entitlement, however I wouldn't know as I didn't ask.

 

T

 

He's certainly maintaining a high profile for someone who's a guest in another country, isn't he? The nail that sticks up gets pounded down. He'd be better off keeping his mouth shut and letting his lawyer handle it in my opinion. And in future, assuming he doesn't get deported and blacklisted for disrespecting Filipinos, he should take pains to carefully obey all of the laws here.
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Classic case?? So your some kind of expert in these situations.

 

Please elaborate.

 

T

 

This guy really has no sense, and especially no sense to be living and acting that way in the Philippines.

It also appears from some of the videos that he feels this is humorous.

I can assure you that the people he is pissing off don't find it as humorous.

NEVER, EVER humiliate a filipino !!!!!!!!!!

Classic case of morons coming to the Philippines and thinking with their western minds. BAD IDEA.

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State trooper said "If I had a boat that big I'd be out in deep water anyway"

So now you are telling Randy how he should be fishing with the boat. Gotta love you armchair critics. Tell us about your experience fishing the Mindanoa Sea for commercial catch.

 

T

 

what the heck do you know about commercial fish

So the fishing boat was escorted to the pier by authorities and then they get back in and try to make a run for it. Did I see that right?

 

I certainly understand the guys frustration with the entire scenario but I question his response. Running from the authorities after they have already seized your boat or car or whatever is just going to make things worse. And they dont need a warrant to seize the boat if its doing something illegal they can just take it and arrest anyone they suspect.

 

Whats with his accent, has he been in the Philippines so long that he now talks like a Filipino?

 

 

And the entire reason for this was to protect the small time fisherman from big fishing boats. If I had a boat that big I'd be out in deep water anyway.

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Larry

 

Keep going with that thought. Maybe your on to something. Maybe the gingoog officials can add perjury to there list of charges. The nerve of Randy saying he owns the boat when we all know it is registered in his wife's name.

 

T

 

One thing that comes to my mind is that this American has made multiple public

claims to "own" the fishing boat. Under the fisheries laws of the Philippines,

and the 1987 constitution, commercial fishing can only be entertained by

Philippines citizens;

 

Section XII, article 2 of the 1987 constitution states;

 

"The State shall protect the nation's marine wealth in its archipelagic waters,

territorial sea, and exclusive economic zone, and reserve its use and enjoyment

exclusively to Filipino citizens."

 

Under the fisheries laws, a foriegner can fish for sport reasons only, not

commercially. He can fish, but not sell fish. If in fact as he claims he "owns"

this boat, he is breaking the law and his equipment (boat) can be confiscated.

 

He can legally own a maximum of 40% of a corporation that owns a boat, but if he

is going public that "he owns it" he may find himself on the short end of the

stick.

 

At any rate, something is "fishy".

 

Food for thought.

 

Larry in Dumaguete

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Jay

 

Why don't you try giving half of your retirement to some philippine government officials and then tell me about "half the loaf being better than none"

 

How do you know that the gingoog government officials would act in the same way against a boat owned by Pinoys? That comment is pure speculation on your part.

 

Lets see, Randy took his boat back. Yeah, but they were planning on burning it (normal part of confiscation?) and each day it stayed confiscated, the more it was pillaged by those holding the boat. In this case, I think Randy was applying your "half the loaf being better than none" catchism.

 

T

 

It would seem that Randy's boat was indeed fishing illegally, too close to shore. The government acted against his boat the same way they have against others that were owned by Pinoys. Randy, understandably, was upset, but he reacted rather than thinking clearly. First his boat fled from the law, then he stole the boat back after it was impounded- all adding to the charges against him. He wasn't very wise in my opinion.

 

The dismantling of the outriggers was necessary so the boat could be moored next to a pier. I saw some of those boats when I was in Bohol last weekend- they have long bamboo outriggers sticking way out on the sides, so they have to be moored away from docks and piers. Regarding other damage to the boat and the missing net, that's something Randy should have pursued via legal means.

 

I expect that now he's facing some rather hefty fines, jail time, deportation, some of the above, or all of the above. He should have taken the deal they offered him to get his boat repaired and returned to him in exchange for a portion of the catch. Better half a loaf than none. He could always move to another area and start fishing in different waters where that syndicate doesn't operate.

 

One thing I find interesting is that the syndicate was formed in the first place to counteract armed threats by bigger fishing boats against the small fishermen there, and that syndicate is now using the same tactics against the larger boats. Similar things seem to happen everywhere where the fish stocks are dwindling: when catches are poor people start fighting over the remaining fish. It happened over the salmon along British Columbia and over the codfish on the Grand Banks. In those cases they didn't have the navy firing on boats, but some of the fishermen did fire a few shots at each other.

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I think Randy's wife. Cherry, the registered owner of the boat, was captaining it.

 

So your an internet lawyer. Maybe you can refer Randy to your web sites so he can pick up some more hints on how to handle himself.

 

T

 

I don't quite understand why Randy was on the pier. How or who took him from his boat to bring him back to the pier?

I have to agree, alot of facts being left out, probably on both sides. I find it also odd, that he would be posting the videos on the internet, if a legal case plans to be brought. I am on afew forums, that discuss legal issues, and if ever anyone plans to bring suit, they are immediately advised to STOP posting anything on the internet. It is just "fuel" for the opposition.

 

I also find it stupid for him to post this with one of his videos on YouTube:

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In Australia if you are caught fishing illegally or are way over your bag limits, your boat, and everything in it, will be confiscated as well as your boat trailer and the car its attached to (if applicable). If you are found guilty you will never see them again. If you are cleared you will get them back. Sounds a lot like this situation. If you take the law into your own hands, more often than not, it will bite you on your ass big time.

Yeah i do feel for the guy a bit, but as the saying goes, "Don't put all your eggs in the one basket". He's not the first guy on this planet to have his livelyhood taken away from him, nor will he be the last. His reaction to this situation is just plain ridiculous.

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2_little_time
So your an internet lawyer. Maybe you can refer Randy to your web sites so he can pick up some more hints on how to handle himself.

 

Makes no difference who I am.

Almost anyone with some time in the Philippines knows how Randy acted was not the best thing to do.

What is the first thing anyone says that is in a pending legal situation? "We do not comment on pending litigation".

No truer words could be said. Don't say anything, because usually one does not know if they are saying something that could later incriminate them. Randy ranting on the pier and posting the videos on line, in my opinion was not a smart thing to do. What does he hope to accomplish? People usually have some motive or desired outcome when they do something, or why do it?

 

I do hope it all works out for him though.

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shadow
Larry

 

Keep going with that thought. Maybe your on to something. Maybe the gingoog officials can add perjury to there list of charges. The nerve of Randy saying he owns the boat when we all know it is registered in his wife's name.

 

T

 

What happens when a fish farts? Is it gas or just hot air?

 

:)

 

Larry in Dumaguete

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In Australia if you are caught fishing illegally or are way over your bag limits, your boat, and everything in it, will be confiscated as well as your boat trailer and the car its attached to (if applicable). If you are found guilty you will never see them again. If you are cleared you will get them back. Sounds a lot like this situation. If you take the law into your own hands, more often than not, it will bite you on your ass big time.

Yeah i do feel for the guy a bit, but as the saying goes, "Don't put all your eggs in the one basket". He's not the first guy on this planet to have his livelyhood taken away from him, nor will he be the last. His reaction to this situation is just plain ridiculous.

 

The same thing happens in the state where I am from in the United States.

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AKA

 

Since we are being so blunt, let me say that your comments here are ridiculous.

 

By your logic, if someone kills my dog by running it over with his car when he his drunk, I am not supposed to get too upset because it has happened to someone before and it will not be the last dog killed by a drunk driver????????

 

And gee, last time I checked, Mindanao is in the philippines, not australia. But I'll keep your information in mind if I am ever fishing in Australia.

 

T

 

In Australia if you are caught fishing illegally or are way over your bag limits, your boat, and everything in it, will be confiscated as well as your boat trailer and the car its attached to (if applicable). If you are found guilty you will never see them again. If you are cleared you will get them back. Sounds a lot like this situation. If you take the law into your own hands, more often than not, it will bite you on your ass big time.

Yeah i do feel for the guy a bit, but as the saying goes, "Don't put all your eggs in the one basket". He's not the first guy on this planet to have his livelyhood taken away from him, nor will he be the last. His reaction to this situation is just plain ridiculous.

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