Yes. The fish was not caught purposely with the net. It was BY CATCH. The fisherman bought the tag incase this happened thinking it would cover him. Do you think he would have bought the tag and then called it in before he made port if he knew it was illegal? The point of "rod and reel only" is to outlaw intentional net fishing for tuna. This is an example of our gooberment not being able to see the forrest for the trees.
Im not disagreeing with you that bluefin need to be protected. They need to be prevented from being harvested COMMERCIALLY. However I would like to know where you got that population number from cause im calling BS.
Overall what we have in this situation is the .gov micro managing our lives and preventing another honest American from making a living. If the government would allow the fish to be harvested and sold incase of accidental bycatch like this, the fish was dead anyway, the fisherman would have made some $$, the .gov would have made some $$ in form of the tags and tax on income and the wonderful fish wouldnt have been wasted. Now, the fisherman is out of money, the .gov is spending tax payers $$ dealing with this case, and the magnificent animal is going to be held as evidence and then eventually thrown out after it starts to stink.