June
3, 2011
Hatteras-based Citation ‘disinvited’ to Big Rock
Tournament, still appealing last year’s decision
BY CATHERINE KOZAK

The Hatteras-based charter boat that gained worldwide notoriety last
year for being disqualified from more than $1 million in winnings
thanks to a lapsed $15 fishing license, won’t be fishing in next week’s
Big Rock Blue Marlin Tournament.
Organizers apparently don’t want to risk more sticky publicity or
making legal matters worse.
“The Citation has been asked not to participate in Big Rock by the
board of directors,” Mike Topp, one of the vessel’s owners, said from
Costa Rica.
Topp, a defense contractor who lives in Frisco, said that tournament
officials sent a letter to his attorney, Andy Gay, about a month ago
that made it clear that the Citation was “disinvited” to the June
10-18, 2011 event. That, he said, effectively ended the
matter.
“They didn’t ask my opinion,” he said.
Gay, with the Zebulon law firm of Gay, Jackson & McNally, said
that
the board’s reasoning was that the Citation would be “too much of a
distraction” in the tournament. His clients, who include two other
owners, say it is the tournament’s loss --- the boat would have paid
about $10,000 to participate.
“So if they don’t want their money,” Gay said about his clients’
reaction, “so be it. It was more like kind of rubbing salt in their
wounds to my clients.”
Instead, the Citation plans to participate in other area tournaments,
Gay said, including Ocean City, Virginia Beach and Pirate’s Cove.
Big Rock tournament director Crystal Hesmere said that with legal
action pending, the board did not want to diminish the event’s goals.
“We want to focus on having another great tournament and raising money
for charity,” she said.
Captained by Eric Holmes of Buxton, the Citation’s crew hauled in a
record-breaking 883-pound blue marlin last June on the first day of the
52nd annual Big Rock Tournament.
The monster fish was the first blue marlin angler Andy Thomasson of
Richmond had ever hooked, according to the Blue Rock’s website.
But about a week later, Big Rock officials disqualified the Citation,
revoking its winnings of $912,825 in the Blue Marlin Division and
$318,750 in the Fabulous Fishermen’s Level.
Organizers said that the boat had broken tournament rules because its
mate Peter Wann lacked a valid recreational saltwater fishing license
until two hours after the fish was caught.
The board then declared the second-place boat, Carnivore, as the first
place tournament winner.
A lawsuit challenging the board’s decision was dismissed in March, and
Gay filed an appeal. His clients agreed to pay $100,000 bond to hold
the prize money until the matter is decided. Gay said it could take
about a year from filing for the case to be heard.
An appeal of Wann’s guilty verdict on the license violation is expected
to be heard in Carteret County Superior Court this summer, Gay said.
Gay contends that, although Wann was late in getting his license, there
was no violation of state law because when the marlin was caught, the
vessel was in international waters. And by the time the vessel
re-entered state waters, Wann had gotten his license online.
Big Rock organizers, however, argued that tournament rules required
Wann to possess the license, no matter what jurisdiction in which the
fish was caught.
The court’s ruling will have more to do with its willingness to get
involved in what it may regard as tournament business, Gay said, rather
than whether the law was broken.
“I don’t think that there is any question that legally,” he said, “we
are right.”
You can follow the tournament at www.thebigrock.com.