I'm not completely through the episode yet, but I see valid points from both Brian and Eric here. One thing to remember is that these guys had only been fishing for 4 years or less when a lot of this footage was taken, so they were still very new to the game; not an excuse but something to remember when comparing them to Rinella and others who themselves have admitted to doing stupid and illegal stuff when it was new to them as well.
Maybe the over-handling is addressed later in the podcast, but from what I've heard so far the differences between the official state press release and MW's account on the podcast are quite large and I would have expected you (Brian) to push them on #1) the improper/over-handling issue and #2) The claims by the FWS that they found videos of them targeting bull trout in other tributaries that can't be explained away by misreading the regs. Now, I have buddies who don't really fish all that much that are terrible with their handling of fish and if inexperience is the excuse than so be it.
The excuse that they didn't kill anything is a poor one IMO; it does give me a little solace but would you want someone who put on video that they were out trying to hunt say a bald eagle but never actually killed one to get off scot-free just because nothing died? Let's say someone went on a sheep hunt with a tranq gun without a license because they couldn't draw a tag; is that okay because nothing died?
I do agree that the permit process is antiquated and needs to be modernized now that you don't need a crew of 10 people to film a hunt and as someone who knows how dealing with the government can be, I wouldn't hold it against any filmmaker or individual who got in trouble for breaking those laws and I would in fact most likely jump on board in defending them, so I think that part of the conversation is a non-issue.
I also agree that any law enforcement officer could find something wrong with almost anyone if they wanted to and it does happen and people get screwed all the time. Also, people do take plea deals all the time because it will be cheaper in the long run and/or they just want the whole ordeal to be over. However, based on the press release (I will provide the relevant section below), it appeared that this was a regular occurrence instead of an isolated incident. I get it, we all screw up; take your lumps and move on. I wonder if they feel it will do more damage to their image by doing that, but I would bet that it wouldn't as people would stop talking about it.
The catch card thing; meh... I get it we all hate paperwork and as long as the biologists got all the information who cares. The reason it happened is pretty stupid too, but it's a waste of time to discuss; especially since they didn't get charged with it in the end. I agree that this is a letter of the law vs intent of the law thing and they followed the intent even though it shouldn't have been that hard to follow the letter.
As far as your point Brian about over-handling vs overexertion by using intentionally small tackle; I see no difference in it at all. I think that intentionally using too small of gear to challenge yourself, especially with fish like trout and salmon that are prone to deadloss, should be against the law and is certainly unethical. I once saw a video on youtube of a guy in the UK catching a 30lb+ rainbow on a 3wt fly rod, I assume to prove he could.
I listened to the podcast not having known anything about the situation or read the state's release and I too was on the 'they got screwed' boat. Now having read it, I find it hard to believe that the state would make up the fact that they were targeting bull trout in other tributaries and mishandling fish and am now quite skeptical of the whole thing. After having read it I can now see where Eric is coming from in saying that it sounded like excuses (that also sound like blatant lies) immediately following any sort of acknowledgement/admission of guilt.
Arnold contacted Sommers and Brown and advised them of his findings and asked for their assistance in investigating Montana Wild. Sommers obtained Search Warrants for the Montana Wild business and 5 computers, 13 hard drives, 2 cell phones, and other items were seized for analysis during the service of the search warrant. Sommers found over 2200 videos pertaining to the South Fork Flathead/Bob Marshall Wilderness fishing trip that occurred in July 2013; and videos of other trips where they were intentionally fishing for bull trout on the North Fork Blackfoot River and Spotted Bear River. Numerous videos showed the Boughton’s and Anthony Von Ruden intentionally fishing for bull trout in tributaries, such as Youngs Creek, White River, Big Salmon, and Little Salmon Creeks; these streams are closed to fishing for bull trout.Sommers notes that the fishing violations that took place on the South Fork Flathead River and its tributaries could have devastating impacts on the bull trout populations based on the over handling issue in which some fish were handled for up to 12 minutes or longer after they were in the net. In one instance a bull trout was caught, netted, handled and released (with the hook still attached) only to be fished again for underwater filming, concluding with the fish being netted, handled and released again.