Porpora

Appellant appeals from a judgment of conviction after a court trial. The appellant was found guilty of violating section 8388.1 of the Fish and Game Code (commercial fisherman making a catch having more than 40 percent Pacific mackerel).

Statement of Facts

In the early afternoon of June 27, 1977, the commercial fishing vessel, Southern Monarch, with its captain, Vincenzo Popora, appellant, docked at the Star-Kist facility on Terminal Island. The vessel was loaded with a catch of fish weighing 71 'A tons.

*1055 The practice of commercial fishermen at this facility was to bring in their catch where it was weighed, processed and canned. As the fish left the vessel and were brought into the facility it was- the duty of officials from the Department of Fish and Game (Department), to inspect the load in order to determine whether or not it exceeded the tolerance limits 2 of Pacific mackerel. On hand to inspect the fish catch were Michael Wade, a game warden and Margaret Baker (Baker), an employee of the Department.

The unloading of the fish was conducted in the following manner: The fish were pumped from the holds of the vessel through a coupling unit which moved the fish…