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A Massachusetts fisherman pulled in an 881-pound tuna this week only to have the federal authorities take it away. It sounds like a libertarian twist on the classic novella by Ernest Hemingway, The Old Man and the Sea, but for Carlos Rafael, the saga is completely true.

Rafael and his crew were using nets to catch bottom-dwellers when they inadvertently snagged the giant tuna. However, federal fishery enforcement agents took control of the behemoth when the boat returned to port. The reason for the seizure was procedural: While Rafael had the appropriate permits, fishermen are only allowed to catch tuna with a rod and reel.

It would seem that unlike the fictional New England shark hunters in Jaws, Rafael didn't need a bigger boat, just a better permit.


In an interview with the Standard-Times of New Bedford, Rafael disputes the claims from the National Oceanic and Atmospheric Administration's (NOAA) enforcement division that the humungous tuna was trawled from the bottom of the Atlantic. "They didn't catch that fish on the bottom," he said. "They probably got it in the mid-water when they were setting out and it just got corralled in the net. That only happens once in a blue moon."

And while Rafael is denied the mother of all fish stories, the federal impoundment of his catch also means he's probably losing out on a giant payday. A 754-pound tuna recently sold for nearly $396,000. NOAA regulators do not share any of the proceeds from the fish's eventual sale with a fisherman found in violation of federal rules.

"They said it had to be caught with rod and reel," a frustrated Rafael said. "We didn't try to hide anything. We did everything by the book. Nobody ever told me we couldn't catch it with a net."

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