Citation owners will continue their fight to claim $1 million Big Rock tournament prize

Owners of the Hatteras-based Citation are taking their fight to a higher court in an effort to regain more than $1 million in winnings denied them in the 2010 Big Rock Marlin Tournament.

An appeal was filed this week in Carteret County to challenge the March 14 ruling in Superior Court that upheld The Big Rock Foundation’s decision to disqualify the vessel because a mate lacked a fishing license.

“My anticipation is it will take anywhere from nine months to two years to be heard,” said Andy Gay, the Zebulon lawyer representing the Citation.

Meanwhile, Gay said, the boat’s owners have agreed to post a $100,000 bond to hold the money for the first-place winnings until the court case is decided.

The 883-pound marlin the Citation crew hooked on the first day of the contest had been the largest blue marlin brought to the dock in the 52-year history of the tournament. But on June 22, The Big Rock Board of Directors disqualified the boat, shutting it out of its winnings of $912,825 in the Blue Marlin Division and $318,750 in the Fabulous Fishermen’s Level.

Organizers had learned that the Citation’s mate Peter Wann did not have a $15 recreational saltwater fishing license until he obtained one online two hours after the marlin was caught.  On that basis, the board declared the second-place boat, Carnivore, the first prize tournament winner, awarding $999,543 to angler John Parks for a 528.3-pound marlin.

Michael Topp, one of the Citation’s owners, said this week that Wann  — who has said did not know until too late that his licensed had expired —- was not fired, despite rumors to the contrary. But the mate, Topp said, did resign several months after the incident and move to Florida.

Topp, a defense contractor who lives in Frisco, said he has faith that Gay is “looking out for our best interests” in pursuing the appeal. Reached in Costa Rica, where he spends the winter, Topp said that he and his partners, Duncan Thomasson and Martin Kooyman, purchased the charter boat two years ago.

Even though Wann was late in getting his fishing license, he did not violate state law, Gay said. In the lawsuit filed July 1 for plaintiffs Citation, Gay contended that when the marlin was caught, the vessel was in international waters. By the time it re-entered state waters, Wann had his license in hand.

Gay, with Gay, Jackson & McNally, said that Duke University environmental law professor Ryke Longest, retained as expert witness, testified in a deposition that state license requirements would not apply to individuals fishing for billfish in federal waters.

But Big Rock organizers said the contest rules required Wann to possess the license, state waters or no state waters.

By ruling in favor of Big Rock, the Superior Court judge affirmed in the summary judgment that the Citation was “disqualified properly,” said attorney Brad Evans, with Ward and Smith in Greenville.

“Obviously, the board is pleased with the decision,” Evans said. “And we’re confident that the trial court did make the right decision and it will be upheld on appeal.”

Although Topp said it’s still soon to decide whether the Citation will enter this summer’s Big Rock Marlin Tournament  —- “We’ve discussed it,” he said —– Gay said the vessel will be there if Big Rock  “accepts their money” and lets them fish.

Evans said he has heard no discussion on the subject from Big Rock.

“The idea is, they want to catch a 900-pounder this time,” Gay said, dryly.

“I think we’re going to require they have several licenses.”