Mechanicsville man agrees to forfeit boat after pleading guilty to oystering violation

Wednesday, Sept. 2, 2009

St. Mary's prosecutors dismissed four other oystering charges and a trailer registration citation also filed against 33-year-old James Phillip Nelson from the investigation by Maryland Natural Resources Police.

Cpl. David Bailey filed a charges application alleging that the state wildlife officers saw Nelson dredging for oysters last November at Cohouck's oyster bar and again in January at the Mill Point oyster bar.

The January incident was videotaped, charging papers state, and the investigation revealed that the boat went in a circular motion as it was attached by a line to a dredge consisting of an iron frame and woven net.

The dredge was emptied onto the boat's culling board, charging papers state, and the natural resources police contacting Nelson on both occasions put five bushels of oysters back in the water in November and determined that half of the three bushels of oysters harvested during the January incident were undersized.

Prosecutors advised the law officers to seize the boat, unregistered trailer and Nelson's pickup truck, court papers state.

A judge signed an order Thursday noting Nelson's agreement to the forfeiture of the 18-foot Atlantic center-console fiberglass vessel and its 110 hp motor to the law enforcement agency "for disposition at its discretion."

Nelson said Tuesday that he had no choice but to enter the plea agreement, despite its impact on his livelihood.

"I told them that I use that [boat] to make a living. They didn't even take that into consideration," Nelson said. "I was just out there trying to feed my family."

The boat is owned by Nelson's girlfriend, Melanie A. Wheeler, according to court records.

"It wasn't even in my name," Nelson said.

jwharton@somdnews.com