casimir81
I just listened to this story on the Ron and Don show tonight. I think Bob Bailey and some people of the diving community should be worried about an upcoming lawsuit. It does not matter if they agree with what was done with the octopus or not it was completely legal. Dylan followed the Fish & Wildlife rules to the T.
“OCTOPUS
Must be caught with hands or instrument which does not penetrate the OCTOPUS, except that octopus taken while angling with hook and line may be retained.
ALL WATERS
except MARINE AREA 12 GIANT PACIFIC Year-round No min. size. Daily limit 1. NO CHEMICALS OR IRRITANTS ALLOWED.
MARINE AREA 12 ALL SPECIES CLOSED”
http://wdfw.wa.gov/fishing/shellfish/statewide_rules.html
No laws were broken and he has been slandered received death threats, and suffered personal and financial loss due to one mans championing of his personal views at the expense of a fisherman that was following the law of Washington State.
There are several ways a person must go about proving that libel has taken place. For example, in the United States, first, the person must prove that the statement was false. Second, the person must prove that the statement caused harm. Third, the person must prove that the statement was made without adequate research into the truthfulness of the statement
1. It has been stated that the Octopus was female when a) Bob Bailey was not down there and had no way of knowing the sex of the Octopus and b) a fish and wild life official had inspected the octopus and said no laws were broken. The female Octopus statements are lies.
2)Dylan has stated on the radio that he lost his job due to this. Financial harm
3) There could not have been much research put in by Bob Bailey or else he would have known that what Dylan did was completely legal and there was no call to defame him.
If I were a lawyer I would be very interested in this case.