Nope...no need to seize them as evidence; the fish would serve handsomely in that capacity. They are being seized as the "instruments of the crime," in as much as they were used in the commission of the crime...kind of like a get away car at a bank robbery, or a cat burglar's lock pick set.
IMHO, it would be like seizing somebody's car for speeding.
I know the article doesn’t say this, but doesn’t that mean that the rods and tackle should be taken ?
In a drive-by shooting, guns and vehicles are confiscated - even guns not used in the crime (Makes sense). But if someone drove to a bank and threatened to rob it (Remember.. Non-violent crime there) would they confiscate the car he drove there too ?
This seizure of the boat seems like a way to generate revenue at auction. And it’s basically theft. Taking fishing gear would be similar to taking a cat-burglar’s lock picks. Taking the boat is similar to taking the cat burglar’s car.
Of course, lock-picks are apples to oranges as well. Were I stopped with a lock-pick set and no credentials to have one, it would be seized from me as well.
I still can’t find an accurate metaphor here. Maybe when it comes to fishing, the “Vehicle” can certainly be the tool in the commission of a crime.