Magistrate hears fishing tales

PALMER - First they got snagged. Then they wriggled. They were fishing for dollars and hoped the magistrate would buy their stories hook, line and sinker. He didnt.

Violators of fishing regulations had to tell their fish stories in front of the Alaska State Trooper who cited them. They were fishing for dollars Thursday, trying to avoid a $110 fine for fishing in closed waters.

First up Thursday was a pair of anglers who trooper Thomas Akelkok of the Big Lake Post said were fishing for king salmon in the wrong water on the wrong day. Richard Garman of Wasilla and his friend, Patricia Rumberg, had hooks in Caswell Creek on July 12 in closed waters, Akelkok said.

They were practicing, Rumberg and Garman told Palmer District Court Magistrate David Zwink, but on July 12 they told the trooper they were fishing for king salmon, but didnt know the creek was closed to fishing.

The two had been fishing at Montana Creek where Garber was showing Rumberg, a novice, she said, how to cast off an open-face reel. The creek bank was too crowded.

She was having a devil of a time with my open-face reel. We were going to hit Caswell and then Willow (creeks). I figured the weekend before there had been no fish, figured no fish that weekend either, said Garber. We got halfway down the hill when a bunch of mosquitoes swarmed us.

They decided to cast a few times, anyway, but Garber cast about five times and Rumberg about twice. They were just putting the hooks back on their poles when the officer came into view, Garber told the court. They had been there only a few minutes before Akelkok showed up certainly not $110 worth of illegal fishing, Garber said.

I wont deny we were fishing for kings, but we were there only five minutes. The officer must have come in right behind us, he said. I cant afford $110.

Rumberg took over to back Garber up. The two were having a casting lesson, she said.

I had my fishing license only a couple of hours. It was too crowded at Montana Creek so I couldnt even get a lesson.

Magistrate Zwink was unimpressed.

How long have you been fishing in Alaska? he asked Garber.

Fifteen years, Garber responded.

How many times have you gone fishing during king season and there has been nobody fishing?, said Zwink. Thats your first indicator (that the water is closed).

Akelkok testified the pair had been using gear consistent with fishing for king salmon.

Zwink split the difference between the stories.

It was a joint mistake, he said. Ill cut both fines in half - $45 fine and $10 surcharge, $55 each. Come up here and pick up your paper work.

Thomas Fenner of Ft. Richardson, in construction equipment repair in the U.S. Army, was observed by Akelkof as he was fishing July 2 in Deception Creek which was closed for kings.

He was fishing for trout, not really hoping to catch one, Fenner said, and besides, he wasnt sure whether he was in Deception Creek or Willow Creek, where they run together. He and his buddies intended to fish in Willow Creek for salmon on July 3, 4 and 5. Akelkok caught him on the night of the July 2. They were killing time around a campfire nearby, waiting for their park reservations to start on July 3 when they decided to throw in a line, Fenner said.

It was the only gear I had. My intentions were to spend time wetting my hook. Was I fishing for trout? No. Was I fishing for kings? No. Im pleading innocent because my intentions cant be proven, Fenner said.

He could have been fishing for trout, though. He had caught jack kings (smaller than regular king salmon) on the same hook, he said.

If I could catch jack kings, I can catch trout on it.

The gear was for kings, Akelkof said. He fished it out of his packet and held it up in the courtroom. The judge wanted to see it.

The trooper stood in front of the judges bench as Zwink turned the gear over in his hands.

Its a large hook with heavy leader on it, Zwink observed. it doesnt make sense that someone is out fishing for trout on that gear. It doesnt wash.

Fenner cast one more time.

You could see there were no trout there. We were just having a couple of beers on the water, he said.

The action and gear are consistent with fishing for salmon, Zwink said. Otherwise you could just put a plug on to practice. I find you were fishing for salmon. I cant really buy your story, Mr. Fenner. That will be $110. Come up and pick up your paperwork.

Thus, trooper Akelkof proved to be the better angler: after all, he caught three big ones that didnt get away.