Nelson has a history of poaching convictions dating back to the mid-1990’s involving illegal crabbing, oyster harvesting and hunting.
James Phillip Nelson, 41, of Hollywood
A St. Mary’s County man whose Maryland commercial waterman’s license was revoked in 2015 for oyster harvesting violations has been banned from any oystering activity on the Potomac River for the coming season.
James Phillip Nelson, 41, of California, was convicted in St. Mary’s County District Court in February of harvesting oysters from a closed area on the river near Point Lookout. Maryland Natural Resources Police officers determined that Nelson was well within the marked boundary for the protected area.
At its meeting Sept. 7, the Potomac River Fisheries Commission decided that Nelson’s “brazen” actions required punitive measures. As a result, the waterman cannot serve as a crewman or be aboard a boat that is harvesting oysters during the 2017-18 season. In addition, he was placed on probation and can face further sanctions should he be convicted of future violations.
In November 2015, Nelson had his Maryland license permanently revoked by a St. Mary’s County District Court judge after he was convicted of harvesting oysters from a polluted area and keeping oysters that were between 28 and 48 percent undersized, a second offense on both counts. He was fined $3,750, with $2,000 of it suspended, and was ordered to pay court costs. He also was sentenced to three years of unsupervised probation on each of the three charges.
Nelson has a history of convictions dating back to the mid-1990s involving illegal crabbing, oyster harvesting and hunting.
St. Mary’s Waterman has Oyster License Permanently Revoked
A St. Mary’s County waterman had his commercial license permanently revoked by a district court judge after a hearing on multiple poaching charges.
James Phillip Nelson, 39, of Hollywood, is prohibited from working in the oyster fishery in any capacity after he was convicted of harvesting oysters from a polluted area, and possessing oysters that were between 28 percent and 48 percent undersized, a second offense on both counts.
However, charges that Nelson disobeyed Maryland Natural Resources Police officers and hindered their investigation were placed on the stet docket, postponed indefinitely.
Nelson was arrested on April 14, the last day of the 2014-2015 oyster season, after he became agitated and refused to obey officers as they attempted to check his catch at Feldman’s Marine Railway in Drayden.
Officers conducting surveillance saw Nelson leave the dock and return at about 2:50 p.m. As an officer approached Nelson and his helper after they trailered the vessel, Nelson attempted to reverse his trailer toward the boat ramp. During the distraction, the helper hid a bucket among the outbuildings.
Nelson was angry and refused to comply with multiple orders from the officers, who attempted to handcuff him to keep him in one location. The waterman continued to resist and was sprayed with oleoresin capsicum—also known as pepper spray. He was taken into custody and driven to the St. Mary’s County Detention Center.
Officers inspected and measured the 12 bushels of oysters on Nelson’s vessel and found that 10 bushels contained between seven and 10 percent undersized oysters. The bucket retrieved from the outbuildings contained 28 percent undersized oysters. A pile of oysters dumped near the boat ramp, equivalent to three-quarters of a bushel, contained 48 percent undersized oysters.
Nelson has a history of poaching convictions dating back to the mid-1990’s involving illegal crabbing, oyster harvesting and hunting.
Maryland Natural Resources Police Charge Local Waterman with Oyster Violation
James Phillip Nelson, 40, of Hollywood
A St. Mary’s County waterman was arrested Tuesday, April 14,2015, the last day of the season, after he hindered attempts by NRP officers to check his catch.
James Phillip Nelson, 38, of Hollywood, was charged with obstructing a law enforcement officer and refusing to obey a lawful order. In addition, NRP will be issuing citations for oyster law violations.
Officers checking catches at Feldman’s Marine Railway saw Nelson leave the dock and return at about 2:50 p.m. As the officer approached Nelson and his helper after they trailered the vessel, Nelson attempted to reverse his trailer toward the boat ramp. During the distraction, the helper hid a bucket among the outbuildings.
Nelson was angry and refused to comply with multiple orders from the officers, who attempted to handcuff him to keep him in one location. The waterman continued to resist and was sprayed with oleoresin capsicum, or OC, spray. He was taken into custody and driven to the St. Mary’s County Detention Center.
Officers inspected and measured the 12 bushels of oysters on Nelson’s vessel and found that 10 bushels contained between seven and 10 percent undersized oysters. The bucket contained 28 percent undersized oysters.
Nelson is to be charged with overharvesting, improper tagging and having unculled oysters.
