RED SNAPPER POACHER ORDERED TO PAY $18,000

http://caldera.sero.nmfs.gov/fishery/pannounc.gen/pafann.001/nr01-005.pdf

CONTACT: Chris Smith, Public Affairs Officer FOR IMMEDIATE RELEASE

(727) 570-5301, Pager 888-955-4854 February 8, 2001

Cynthia Fenyk, NOAA General Counsel SERO NR01-005

(727) 570-5433

Gene Proulx, NOAA Office for Law Enforcement

(727) 570-5344

Late last month in Mobile, Ala., Albert C. Adams, owner and operator of the fishing vessel LILLIE

LOUISE, was ordered to pay a fine for unlawfully harvesting red snapper during the closure of this

recreational and commercial fishery, the National Oceanic and Atmospheric Administration announced today.

Administrative Law Judge P. Thomas McElligott, assessed an $18,000 civil monetary penalty as well

as a 120-day permit suspension against Adams for numerous charges including unlawfully harvesting 474

pounds of red snapper, possessing 29 undersized red snapper, making false statements to an authorized

officer regarding his fishing activities, and impeding the conduction of the investigation.

The charges filed by NOAA upheld the 1976 Magnuson-Stevens Fishery Conservation and

Management Act.

Judge McElligott's decision should alert the fishing community that those who break the rules

designed to rebuild the overfished red snapper fishery will be brought to justice,@ said NOAA Enforcement

Attorney Cynthia S. Fenyk. It simply does not pay to violate the law and is even more foolish to compound

any violation with lies and efforts at concealment.@

AA concerned citizen called us with information about Adams' poaching activity and NOAA

enforcement agents conducted the investigation that led to the charges,@ said Gene Proulx, Special Agent in

Charge of NOAAs Office for Law Enforcement's Southeast Office. This case illustrates how one wellfounded

call can help curtail poaching. Our enforcement staff will work with everyone to ensure that our

nations precious marine resources are harvested at a sustainable rate.@

Adams has 30 days to appeal the decision.

NOAA Fisheries urges all citizens to report suspected fishery violations during weekly business hours

of 8:00 a.m. - 4:30 p.m. Eastern, to its Southeast Region Law Enforcement Division at (727) 570-5344, or

after hours and weekends at its National Enforcement Hotline at (800) 853-1964.

This and other Southeast Regional news releases and fishery bulletins are available on the region’s

Internet home page: http://caldera.sero.nmfs.gov or NOAA’s Internet home page,

http://www.noaa.gov/public-affairs/press2001.html.

Florida Fish and Wildlife Conservation Commission

FWC OFFICERS NAB 13 SUSPECTS ON WILDLIFE AND MARINE FISH CHARGES

http://floridaconservation.org/whatsnew/00/bust.html
CONTACTS: Maj. Mike Wiwi (850) 488-6254
Gary Morse (863) 648-3206
Henry Cabbage (850) 566-0520

An extensive undercover investigation by the Florida Fish and Wildlife Conservation Commission (FWC) landed 13 individuals in jail today, charged with 101 violations of wildlife, marine fish and drug laws. Forty-three of the charges are felonies.

Maj. Mike Wiwi, head of the FWC's investigations, said Operation Alliance focused on possession and sale of protected species by individuals in Collier and Glades counties.

Felony charges include 37 counts of possession and/or sale of alligators, sale of cannabis and possession of cannabis with intent to sell. Misdemeanor charges include illegal possession and/or sale of stone crabs, gag grouper, snook, jewfish, alligators, a loggerhead sea turtle, cannabis and drug paraphernalia.

Col. Bob Edwards, director of the FWC's Division of Law Enforcement, said the Collier County Sheriff's Office assisted FWC officers in executing arrest warrants early today.

"We are sincerely grateful for the assistance of Collier County Sheriff Don Hunter and State Attorney Joe DeAllesandro, of the 20^th Judicial Circuit," Edwards said. "Their cooperation in this case reflects the highest level of professionalism that is essential to effective police work."

Individuals arrested today and placed in the Collier County Jail include:

• Richard Kenton Brown, 35, of Naples;
• Scott Alan Lucas, 45, of Plantation Island;
• Chester James Demere, 24 of Chokoloskee;
• Alfred Marion Grimm, 39, Everglades City;
• Lexie Lee Huggins, 37, of Chokoloskee;
• Zachary Aaron Wells, 21, of Everglades City;
• Robert J. Wells, 29, of Chokoloskee; and
• Matthew Mitchell, 33, of Everglades City.

One individual arrested today and placed in the Glades County Jail is Kelvin Townsend, 44, of Labelle.

One individual arrested today and placed in the Franklin County Jail is Harold Gene Goff, 54, currently of Apalachicola.

Three individuals arrested today by the Louisiana Department of Wildlife and Fish are:

• Ernest Phillip Goff, 57, currently of Tallahassee;
• Jeffrey Phillip Goff, 38, of Naples; and
• Thomas Malcolm Goff, 35, currently of Tallahassee.

Four suspects still are at large, and additional charges are pending.

HPC/OIS

Mission-to keep the commercial fisherman in business, while watching the fish stocks dwindle.

 "REVITALIZE THE NATION'S COMMERCIAL FISHERIES"

"Demand for quality seafood is rising. The domestic seafood industry, including its commercial fisheries, aquacultural husbandry, and processing firms, is hampered in responding to this opportunity. The harvesting sector is faced with declining fish stocks, deteriorating ecosystems, and competing uses. Aquacultural development is handicapped by weak governmental commitment, inadequate technology, lack of capital, high operating costs, environmental regulation, and competition for coastal space and resources. Seafood processors face growing foreign competition, supply shortages, and product safety and quality issues. All industry segments are affected by the changing and complex regulations governing water quality, safety, and conservation."

http://www.nsgo.seagrant.org/Plan/Ch1.html#2

http://www.olemiss.edu/orgs/masglp/18.3/enforce.htm

Kristen M. Fletcher, J.D., LL.M.,

and Elizabeth B. Speaker, 3L

In carrying out their mandate to enforce fisheries laws and regulations in the Gulf of Mexico, the United States Coast Guard (USCG) and the National Marine Fisheries Service (NMFS) have cited numerous fisheries violations in recent years, resulting in both fines and imprisonment for fishers and seafood dealers. The violations cover a broad scope of activities from falsifying permitting documents to fishing in a prohibited area. With millions of fishers in the Gulf each year, investigating and executing the various laws can be a daunting task. But, NMFS Special Agent Gene Proulx explains that the laws are "no more or less difficult to enforce [than other laws] . . . if you have the hours to devote to prosecution." ¹ The agencies have stepped up enforcement activities to meet the challenge inherent in rebuilding fish stocks and other marine species in the Gulf.

Gear Restrictions

This year, enforcement activities have targeted gear violations in shrimp trawls because 1998 is the first year that NMFS has required shrimp trawls to use both turtle excluder devices (TEDs) and bycatch reduction devices (BRDs). Designed to allow sea turtles and finfish out of the shrimp trawl nets, improper installation or sabotaging the gear renders them useless in protecting these non-target species.

After numerous sea turtle deaths and strandings in March, the USCG and NMFS increased enforcement activities including surprise night boardings of shrimp boats. Generally, the officers found high compliance. But, in an investigation off the Texas coast, USCG officers found a trawler with several TEDs that were sewn shut, purposefully blocking the escape hatches that allow sea turtles to go free. The NMFS assessed a $10,000 penalty and forfeiture of the shrimp and other fish seized during the investigation. Shortly thereafter, while conducting routine boardings, the USCG caught a Louisiana man trawling Lake Pontchartrain with the TED wired shut. The officials' clue was the sea turtle struggling in the trawl while the net was tied up to the boat. NMFS spokesperson Chris Smith admitted, "It's pretty rare. But, this guy had the whole nine yards: a TED sewn shut with a turtle in it, and it was a Kemp's ridley, the rarest of the rare sea turtles."² The investigation resulted in a $6,000 fine.

Actually finding a sea turtle stuck in a trawl certainly makes investigations less difficult. Often, sea turtles are found washed up on shore, dead or maimed. In some instances, the heads and limbs of the turtles have been cut off, presumably cut from fish and shrimp nets. In March, the NMFS and the Texas Department of Parks and Wildlife increased rewards offered for information about parties responsible for these mutilations.³ But, they are quick to note that such occurrences are not indictments of the shrimping industry as a whole. Generally, compliance with gear regulations has been high: USCG officers have boarded over 2,000 shrimp boats this year along the Gulf shore from Florida to Texas and found less than 30 TED violations.

However, investigators admit that this may not be an accurate accounting of violations. According to officials, investigating gear violations is difficult because of a "network" of fishers or shrimpers that communicate by radio that the Coast Guard is in the area to board and investigate vessels. Comparing it to motorists that flash their lights at other motorists after passing a speed trap, USCG enforcement officer John Sherlock explained that "[o]nce you do one boarding, the word is out." ⁴
 

Illegal Smuggling & Trafficking

While a communication network may work against agencies in gear investigations, it can help when a network of seafood dealers tips the agency that illegal trafficking is occurring. As a result of such a complaint, the NMFS levied its highest fine yet in the Gulf region last July. It fined a Pensacola, Florida, seafood dealer $1.26 million for a red snapper trafficking scheme and banned him from dealing in federally managed fish for three years. Investigators charged that the red snapper were illegally bought from recreational fishers, then shipped to Manhattan to be sold on the country's largest seafood market.⁵ Investigators found that the dealer dumped more than 30,000 pounds of red snapper onto the black market in a two-year period, surprising and disappointing investigators at this level of organized criminal activity which required purchase from possibly hundreds of recreational fishers. The scheme violated both the Magnuson Act, that protects red snapper as a federally managed fish, and the Lacey Act, that prohibits the interstate sale of illegally obtained wildlife.

Under the Magnuson Act and the Reef Fish Fishery Management Plan that manages the red snapper stock, red snapper caught by commercial fishers may be sold but those caught by recreational fishers may not. While the commercial season was closed, the dealer illegally bought red snapper caught by recreational fishers for about $2 a pound. He purchased these fish without a federal dealer's permit and then falsified records to cover his scheme. After the purchase, the dealer shipped the illegally obtained fish across state lines for a price of $3 to $4 a pound. This illegal shipment, coupled with false labeling of the shipments, constituted a violation of the nation's oldest wildlife protection statute, the Lacey Act.6 Officials continue to investigate the seafood market, transporters, and recreational fishers who supplied the red snapper.

This investigation is unique because it is the first time enforcement officials have encountered a scheme involving the legal catches of recreational fishers for out-of-season sale. But, the use of the Lacey Act in enforcing fisheries violations is not new. Investigators recognize that with the high prices and limited commercial seasons for red snapper, bootlegging illegally taken snapper has become a fairly common problem for law enforcement. In 1996, NMFS investigators followed a trailer leaking water from Louisiana to Mississippi, noticing a "fishy" smell as the trailer sat in traffic. Once reaching its destination at a Mississippi seafood dealer's business, the NMFS officials found that the red snapper inside the trailer had been obtained during the closed commercial season and illegally offered for sale. The result was three convictions by a federal court in Louisiana, with a seafood dealer assessed $17,000 and sentenced 21 months imprisonment.⁷

This year, a Louisiana seafood dealer was sentenced to 18 months in prison for conspiring to violate the Lacey Act by transporting 9,000 pounds of illegally obtained red snapper across state lines. The fish were hauled in a tractor-trailer from Grand Isle, Louisiana to Houston where game wardens from the Texas Parks and Wildlife Department found the snapper on a routine check of a seafood dealer establishment. Interestingly, the Louisiana dealer was also ordered to pay over $27,000 in restitution to the state of Louisiana for the illegal taking of the fish.
 

Location, Location, Location

With managed species, the Gulf is not necessarily open access. Rather, certain areas of the Gulf remain closed to some or all fishing to protect crucial breeding habitat, fish or shellfish species, or coral reefs. In January, after an investigation by the USCG and NMFS, the owners and operators of two Florida commercial fishing vessels were charged with illegal longline fishing in closed waters and illegal taking of reef fish and protected coral species. The waters at issue, 10 miles west of Fort Myers, Florida, had been closed since 1990 to longlining to protect the spawning habitat of red grouper and other reef fish. Fines for the illegal fishing included $36,500 and a 30-day prohibition on fishing. NMFS Special Agent Gene Proulx explained that investigations for fishing in closed waters focus on "determining how frequently these [fishers] enter the restricted area and fish illegally and how extensively vessels share information in order to remain undetected while poaching."⁸

In March, NMFS officers fined the operator of a vessel for improper use of fish traps in a protected area off the Florida coast and for disposal of the fish traps after the approach of an enforcement vessel. Investigators also remain concerned about the increasing number of cases of illegal fishing in the Tortugas Shrimp Sanctuary in Florida. State and federal enforcement officers gathered to discuss possible solutions. The agencies are considering increasing penalties or requiring a master license for shrimp vessel operators that could be revoked for multiple violations.

Permits & Catch Limits

Enforcement officials must also execute laws requiring permits and limiting catches in the Gulf. In order to fish a federally regulated stock in the Gulf of Mexico, permits are required and may be issued based on the applicant's catch from previous years. For instance, to obtain a red snapper commercial permit for the 1993 season, a fisher had to show that the vessel he or she owned or operated had landed 5,000 pounds or more of red snapper in at least two of the three years of 1990, 1991, and 1992. One owner submitted improper information, knowing that the vessel had not met this threshold in two of those years, and was convicted under the federal criminal false statement provision.⁹

Even with a permit, fishers must still observe catch limits. Last February, NMFS and USCG agents seized thousands of pounds of fish and shellfish from fishers with catches in excess of set limits. One vessel operator was cited for possessing 32 king mackerel in excess of the allowable bag limits and others for reef fish.
 

Conclusion

Recognizing that enforcement of fisheries laws will continue to be challenging, the USCG and NMFS officials hope that their efforts in the Gulf will enhance fisheries management and stock recovery. When asked about red snapper violations, Andy Kemmerer, NMFS Regional Administrator for the Southeast Region, admits there is good news and bad news. "The good news is the recovery is just beginning; the bad news is a lot of people feel that because the snapper population is recovering, that they should be allowed to fish it harder. And, red snapper is a very valuable fish, so they are going to attract people that violate the law." 10
 

NOTES

1. Telephone Interview with Gene Proulx, Special Agent, Southeast Region, National Marine Fisheries Service (September 30, 1998).

2. Brian Thevenot, Caught Red-Handed, Turtle Catcher Pays, The Times-Picayune, July 17, 1998, B4.

3. Reward Increased for Leads in Killing of Turtles in Gulf, Austin American-Statesman, April 11, 1998, B7.

4. Caught Red-Handed, Turtle Catcher Pays, at B4.

5. Brian Thevenot, Seafood Dealer Fined for Red Snapper Scheme, The Times-Picayune, July 15, 1998, A13 (quoting Gene Proulx of the Southeast Enforcement Office, National Marine Fisheries Service).

6. Lacey Act, 16 U.S.C. §§ 3371 - 3378 (1998).

7. See United States v. Collins, 1997 Westlaw 738615 (E.D. La. 1997).

8. NOAA Press Release, NOAA's NMFS Cites Commercial Fishermen in Florida West Coast Closed Area (Jan. 16, 1998).

9. See United States v. Tomeny, 144 F.3d 749 (11th Cir. 1998).

10. Seafood Dealer Fined for Red Snapper Scheme, at A13.

Crab Processor Shut Down for Sanitary Violations

http://www.fda.gov/fdac/departs/1998/598_irs.html

On April 20, the U.S. District Court for the Eastern District of Louisiana entered a consent decree of permanent injunction against Henry Vechery and Joyce Krantz of May's Seafood. The decree spells out the company's need to follow a modern food safety system known as Hazard Analysis and Critical Control Point (HACCP).

However, at press time FDA learned that May's Seafood decided to discontinue its crabmeat processing operations. The company continues to operate a live crab business, which was not affected by the court action.

HACCP focuses on identifying and preventing hazards that could cause food-borne illnesses rather than relying on spotchecks of manufacturing processes and random sampling of finished seafood products. HACCP became mandatory for all seafood processors in December 1997. (See "Critical Steps Toward Safer Seafood" in the November-December 1997 FDA Consumer.)

FDA inspected May's Seafood three times between 1995 and 1996, each time warning the company to correct "gross insanitary conditions," such as poor employee food handling practices and signs of mice and vermin infestation. After receiving each of the warnings, Krantz, May's Seafood manager, told FDA that the company would correct the violations.

But in an inspection June 30 through July 3, 1997, FDA found live mice in the processing areas and in areas where cooked products were held. FDA investigators also noted poor employee practices, such as workers failing to wash their hands, filthy processing equipment, and structural defects that allowed mice and rats to enter. Again, the company said it would correct the violations.

Three months later, an FDA inspection again noted vermin in the plant, filthy equipment, and continued sanitary violations by employees.

In December, the Justice Department submitted a complaint to the U.S. District Court requesting an injunction on behalf of FDA.

In signing the consent decree, May's Seafood agreed also to:

• thoroughly clean and renovate the facility to render it free of potential contaminants
• rid the crabmeat processing plant of vermin and insect infestation
• appoint a sanitation control manager to ensure sanitary conditions in the facility
• perform laboratory tests periodically to check for filth in crabmeat products
• pay FDA for its supervision and inspections related to the court order.

--John Henkel

http://www.msnbc.com/news/530447.asp

THE FDA has made progress in improving seafood safety since instituting strict new regulations in 1997, but large gaps remain, the report says.
       Over half of FDA inspections of domestic seafood processors found serious violations, yet the government didn’t move quickly to make those companies shape up, the investigators found.
       “The potential health risks associated with these violations are significant,” says the report by the General Accounting Office, Congress’ investigative arm.
       As for imported seafood, even when FDA inspectors find serious problems at foreign seafood plants, the agency doesn’t automatically stop and examine those companies’ products once they arrive at U.S. ports, the report concluded.
       Sens. Tom Harkin, D-Iowa, and Richard Lugar, R-Ind., who requested the investigation, plan hearings this spring to further probe FDA’s oversight of seafood safety.

“I would not call an inspection system with little inspection and virtually no enforcement an inspection system. I’d call it an outbreak waiting to happen,” Harkin said.
       FDA food safety officials, many of whom were attending a seafood industry-sponsored meeting in Florida on how to improve safety, didn’t immediately comment.
       But the seafood industry disputed many of the findings, saying companies are working hard to implement the FDA rules and ensure safer products.
       “There’s indications that seafood is safer than ever,” said Richard Gutting, president of the National Fisheries Institute, citing preliminary statistics suggesting seafood-associated disease outbreaks have dropped by half since the FDA implemented its safety rules in 1997. “We remain committed to further improving the program."

But consumer advocates said the report shows glaring problems that FDA and Congress must act to fix.
       “The report confirms that FDA’s food safety program gets a failing grade,” said Caroline Smith DeWaal of the Center for Science in the Public Interest, who has long criticized the agency for not inspecting enough seafood companies or requiring them to actually test seafood for bacterial contamination. “Congress needs to give FDA significant new resources to remedy these problems.”
       In 1997, the FDA issued new seafood safety rules called HACCP, the “hazard analysis and critical control point system.” Basically, every seafood plant must follow a customized plan to prove it took steps to prevent seafood contamination at every stop between the fishing boat and shipping out to consumers. Step No. 1 for processors buying tuna, for instance, is to ensure the fish were adequately chilled on the boat and didn’t stay at sea too long because scombroid poisoning can occur if tuna even slightly decomposes. The FDA estimated that the program could prevent 60,000 of the estimated 114,000 food poisonings Americans suffer from bad seafood each year.

  But three years later, the GAO report found only 44 percent of seafood companies with HACCP plans met the minimal requirements, and questioned why FDA didn’t force more seafood handlers - like hundreds of fishing vessels - to follow the rules, too.
       Worse, GAO investigators found over half of FDA seafood plant inspections identified serious violations but the FDA delayed sending warning letters telling the companies how, and how quickly, to fix the problems.
       Fewer than one-third of seafood importers that FDA inspected could document they were following the rules. Yet, even when FDA cited serious problems at those plants, the agency didn’t automatically stop shipments at the U.S. border.

Officials unsure if any of spoiled food had been sold

http://www.floridatoday.com/news/local/stories/2000/mar/loc030900h.htm

By Aaron Davis
FLORIDA TODAY

PORT CANAVERAL, Fla. - Environmental officers Wednesday seized mountains of spoiled seafood from a Port Canaveral company that sells wholesale and retail to grocery stores, restaurants and residents.

Six truckloads of fish, shrimp and lobster -- totaling more than 25 tons -- were removed from walk-in freezers at Thelma Lou's Seafood, 740 Scallop Drive. The meat was stacked on floors where the owner's cats had been allowed to roam.

"It's disgusting in there," said Jeff Luce, a marine patrol officer with the state's Fish and Wildlife Conservation Commission. "The smell of cat urine is everywhere and hydraulic fluid from the forklift has leaked all over."

While officers continue hauling an additional 10,000 to 15,000 pounds of the fouled seafood to a Brevard County landfill today, state and federal authorities will begin piecing together the company's records to determine whether any of the soiled seafood has been sold to consumers.

"An invoice might say "sold to Smith's Grocery Store,' " Capt. Mickey Otwell said. "But we don't know if that's Smith's Grocery in New Hampshire or here . . . It will be several days before we know where this stuff went."

It's unclear if the company ever intended to sell the spoiled meat, Marine Patrol officers said.

In early February, Marine Patrol officers seized 3,600 pounds of seafood from Thelma Lou's that was stored in an unworking freezer. "We couldn't get back into the other freezers to get a good look then," said Mark Gray, the officer who conducted the February search.

When Marine Patrol returned this week for a follow-up visit, they discovered last month's find was just a fraction of what was there. "This is some of the worst looking seafood I've ever seen -- and it's the largest seizure in my 17 years on the force," Otwell said.

Officers said they found bags of shrimp dating to 1996, and some of the fish was decayed so much that it fell apart when handled. "It seems as though the freezers were thawed and refrozen several times," Luce said. Bottles of milk, sausage and other frozen items were found in the freezer also.

The owner of Thelma Lou's, 58-year-old Jim R. Ward, was charged with possessing under-sized lobster and storing unsafe seafood by the Marine Patrol. Each charge carries a fine of $236 as well as possible jail time. Ward likely will face additional charges from the Marine Patrol, Otwell said. The arrest record contained no home address for Ward.

In addition, Ward was ticketed for having leaky oil drums on the property. The charge could result in a 60-day jail sentence, said Gary Swenk, special investigator for the Department of Environmental Protection in Orlando.

Hopefully, investigators found all the contaminated meat before it was sold, said Dr. Heidar Heshmati, director of the county's Health Department.

Heshmati said there have been no reported illnesses attributed to seafood in the county in recent weeks. "I don't think we've seen any of this (seafood) circulating around Brevard," Heshmati   said.

The chemicals, urine and repeated thawing of the seafood likely inundated the meat with bacteria, viruses and parasites that would cause gastrointestinal problems or worse if consumed, Heshmati said.

Marine Patrol officers temporarily closed Thelma Lou's Wednesday while they removed most of the store's seafood. One freezer full of seafood was deemed edible and left alone, Otwell said.

Ward will be allowed to reopen Thelma Lou's, but will receive a review in two weeks to make sure the company has properly cleaned its facilities, said Wayne Derstine, environmental administrator for the Department of Agriculture's Division of Food Safety. Thelma Lou's food permit could be revoked at that time if the freezers aren't spotless, Derstine said.

"But they are basically out of business," Derstine said. "They have nothing to sell."

Jim Ward did not return repeated phone calls Wednesday, but fishermen at the port were shocked when the Marine Patrol stepped in.

"Jim was a great guy to us. He always helped us out when we came to port," said Brian Fisher, first mate of the Gulf Prince II, who has shrimped off Port Canaveral for the past 19 years. "I hate to see him go down like this."

http://www.publicaffairs.noaa.gov/releases2000/jun00/noaa00r121.html

A Louisiana seafood dealer and fisherman who violated federal shark fishery regulations by retaining, selling and purchasing shark caught when the fishery was closed have settled their cases with NOAA's Office of General Counsel. The two have agreed to a total of $178,000 in penalties and follow other sanctions.

NOAA charged Mark Vogel, a vessel captain from Kenner, La., and Sharkco Seafood International, Inc., a seafood dealer in Venice, La., with civil administrative penalties and permit sanctions for violating the closure regulations, reporting requirements and trip limits in the Gulf of Mexico shark fishery in 1996 and 1997.

In the settlement, Vogel and Sharkco Seafood International, Inc. admitted all violations as charged. Subject to certain terms, conditions and a probationary period, Vogel will pay a penalty of $20,000 and perform 500 hours of community service. Additionally, Vogel and his wife, Rachel Heidel, who are co-owners of the vessel used in the violations, agreed to lifetime bans from federal fishing. Sharkco Seafood International, Inc. will pay a penalty of $150,000, subject to certain terms, conditions and a probationary period. Additionally, proceeds in the amount of $8,759.37 from the sale of 10,937 pounds of blacktip shark and 303 pounds of fins that were seized from the company in April 1997, were forfeited to the agency.

"Vogel and Sharkco Seafood International agreed that they violated the shark regulations on multiple occasions and will pay for those violations," said prosecutor and Senior Enforcement Attorney Karen Antrim Raine of NOAA's Office of General Counsel. "This case should be a warning to those who violate federal fishery laws that NOAA will investigate and prosecute these and other fishery violations. Many shark populations are overfished. We must protect this national resource and ensure that fishing quotas are observed for those who follow the rules."

The case began when federally-deputized Louisiana officers inspected Sharkco Seafood International, Inc. during a federal shark closure and found over 10,000 pounds of shark. The shark were later determined to have come from the fishing vessel Fly Boy (subsequently renamed Night Moves), a federally permitted vessel. The illegal actions occurred during federal shark fishery closures in September through December 1996, and in April 1997. Subsequent investigation by a NOAA Fisheries Enforcement Special Agent resulted in multiple charges:

• Vogel unlawfully retained or sold or attempted to sell shark to Sharkco;
• Sharkco Seafood International, Inc. unlawfully purchased or attempted to purchase
• the shark; both falsified or failed to make required reports.

Vogel and Sharkco Seafood International, Inc. were additionally charged with landing or possessing shark in excess of the 4,000 pound trip limit. Sharkco Seafood International, Inc. subsequently possessed, had custody or control of, or purchased the shark without making the proper reports.

Reports of fishery violations during weekly business hours should go to the Southeast Region Law Enforcement Division at (727) 570-5344, or after hours and weekends at its National Enforcement Hotline at (800) 853-1964.

This and other Southeast Regional news releases and fishery bulletins are available on the region's Internet home page: http://caldera.sero.nmfs.gov.

NOAA Fisheries is an agency of the Department of Commerce's National Oceanic and Atmospheric Administration. The agency conducts scientific research and provides services and products to support fisheries management, fisheries development, trade, and industry assistance, enforcement, and protected species and habitat conservation programs.

State/Federal Task Force Cracks Down on Marine Poaching in Chesapeake Bay Area -- February 2, 2001

NMFS Northeast Region

N E W S

"This task force is a major undertaking and I am pleased that we've been able to show significant results," said special agent Logan Gregory of NOAA Fisheries Enforcement, who led the effort for the agency. "By combining funds, equipment, and personnel the task force is able to increase effort and efficiency," he said. "We believe that cooperative law enforcement is essential to enforcing marine resource protection laws."

In the coming months, evidence collected in these joint operations is expected to support more cases. These include approximately 100 violations of state fishery laws in which more than a dozen individuals and businesses are implicated, investigation of at least 10 individuals on federal charges of trafficking in tainted wildlife, and cases unrelated to marine resources.

In all, four interlaced law enforcement operations have been conducted since 1998, focusing on such valuable commercial species as Atlantic tuna, Atlantic striped bass, sturgeon, blue crab, oysters, and flounder. Operations included surveillance, interviews, and undercover operations where agents posed as seafood buyers and sellers.

One operation included voluntary inspections of more than 90 seafood-hauling trucks by agents and officers during routine weigh-station stops on Virginia's Eastern Shore. Violations of state and federal marine resource laws were documented in approximately 25 percent of the inspections.

Evidence collected as part of that operation resulted in cases against four Virginia seafood dealers. Hampton Seafood Inc., Shore Seafood Inc., Edwards Seafood, and Mend Inc. recently plead guilty in Norfolk federal court to trafficking in tainted wildlife and have received up to $4,000.00 each in fines.

In another case based on that operation, seafood dealer Darryl L. Lilliston was brought to trial last September and convicted of a felony Lacey Act violation for trafficking undersized blue crabs from Virginia to Maryland. Assistant United States Attorney Robert Krask prosecuted the case. Lilliston, of Lilliston Seafood, was sentenced this month to four months imprisonment, four months home confinement, and three years supervised probation for the violation.

NOAA Office of Law Enforcement is the only federal office dedicated full time to the protection and conservation of the nation's living marine resources, including fish and marine mammals. To report fishery violations in the Northeast, call the NOAA Office of Law Enforcement Hotline at 800-853-1964.

NOAA/National Marine Fisheries Service * One Blackburn Drive * Gloucester, MA * 01930

Multi-Agency Task Force

Uncovers More than 100 Violations

Involving Individuals and Businesses

Contact:
Logan Gregory
NOAA Fisheries Enforcement
PH: (757) 595-2692

Gloucester, Mass. -- NOAA enforcement attorneys are seeking $70,000 in fines and a one-year and three-month suspension of federal fishing rights from a Montauk man for multiple violations of federal fishing rules.

George M. Miller, owner and operator of the fishing vessel Chrissy K, is alleged in the six-count notice to have falsified or otherwise compromised information on required trip reports, to have made false statements to investigators, and to have asked a fish dealer to destroy evidence of his violations.

"This vessel is a small part of a larger problem uncovered in Fulton Fish Market and elsewhere," says Mitch MacDonald, NOAA enforcement attorney. "These violations slow down rebuilding of fish stocks," he says, "that hurts everybody, especially those who are fishing legally."

Miller's alleged violations involve summer flounder, and, in some cases, other species as well. The rules violated are intended to monitor landings against annual quotas, to assure accurate information on which to base fishery management decisions, and to provide accurate information on the economic importance of the U.S. seafood business.

The false statements are alleged to have occurred when NOAA Fisheries special agents interviewed Miller about his activities. Interference in the investigation is alleged to have occurred when, after one such interview, Miller phoned Robert Valenti, owner of Multi- Aquaculture, a fish dealer operating at the Fulton Fish Market in New York City. Miller allegedly told Valenti of the ongoing investigation, and asked Valenti to destroy any documentation of his sales to the company. Charges against Valenti and Multi-Aquaculture are pending further review by the NOAA.

Some of Miller's alleged illegal activities are related to the investigation of Joseph H. Carter, Inc., another major seafood dealer operating from Fulton Fish Market. As a result of that investigation, Carter has been charged with large-scale non-reporting and with submitting false reports and is facing potential $1.72 million civil penalty and five-year ban on purchasing federally regulated species. Carter is alleged to have failed to report, or to have falsely reported landings of fish caught in federal fisheries, including purchases of a significant portion of the summer flounder quota allocated to the State of New York.

Miller is the third fishing vessel owner/operator (and the first from New York) who sold fish to Carter to be charged with submitting false reports.

The two other owner/operators charged to date were from Gloucester, Massachusetts. Emilio Spinola of the fishing vessel St. Mary and Carlo Moceri of the fishing vessel Morning Star were charged previously, admitted the violations, were forced to sell their vessels, paid civil penalties, and were permanently removed from commercial fishing.

The investigation of Carter also uncovered alleged violations by another Fulton Fish Market dealer, Pickle Barrel Seafood, Inc. Pickle Barrel is facing $80,000 in civil penalties for purchasing federally regulated species without a federal permit, purchasing from a vessel that was unpermitted, and failing to report those purchases. Another fish dealer from a different region, and up to seven additional New York vessels are expected to be charged in the near future.

These violations are civil matters, not criminal, and a subsequent hearing would be before an administrative law judge. That judge's decision may be appealed to the NOAA Administrator and through the federal court system. If the administrative law judge finds for the government, he or she may also determine a civil penalty up to a maximum of $110,000 for each count charged and may sanction the vessel and operator permits, including permanently revoking them.

FOR IMMEDIATE RELEASE

ENRD

WEDNESDAY MAY 31, 2000

(202) 514-2008

WWW.USDOJ.GOV

TDD (202) 514-1888

FOUR INDICTED IN CONSPIRACY TO

SMUGGLE LOBSTERS INTO U.S.

WASHINGTON -- A federal grand jury in Mobile, Ala., has returned an indictment charging four individuals with smuggling into the United States numerous shipments of lobster that were harvested in violation of Honduran laws. The defendants, David Henson McNab of Honduras, Robert D. Blandford and Abner J. Schoenwetter of Florida, and Dianne H. Huang of New Jersey, also are charged with conspiracy.

According to the indictment, from 1995 through May 2000, the defendants engaged in a conspiracy to import into the United States Caribbean spiny lobster tails and shrimp harvested in Honduras, in violation of Honduran regulations designed to preserve a sustainable lobster fishery. Once in the United States, the conspirators sold the illegal lobster tails to U.S. seafood companies.

McNab owns one of the largest fleets of lobster-fishing vessels in Honduras, and the indictment charges that workers on McNab's vessels harvested lobster that were under the legal size limit set by Honduras. They also harvested egg-bearing lobsters in violation of Honduran regulations and harvested lobster and shrimp during the closed seasons set by Honduras. To conceal the catch of egg-bearing lobsters, the parts of the lobster tails to which the eggs were attached were clipped off.

Blandford and his associate Schoenwetter allegedly agreed to buy the lobster tails from McNab's company, according to the indictment. Once in the United States, Blandford or Schoenwetter would sell the lobster tails to American seafood companies, particularly the company that employed Huang. On occasion, some of the undersized lobster were transported into Florida, in violation of the state's lobster-size regulations. Blandford, Schoenwetter and Huang often received commissions or agent fees for their roles in the illegal importations.

In addition, Blandford and Huang are charged with violations of the Lacey Act, a federal wildlife statute; McNab and Blandford are charged with money laundering violations; and Blandford and Schoenwetter are charged with obstruction of justice. The smuggling and Lacey Act violations are punishable by up to 5 years in prison and up to a $250,000 fine, while the money laundering and obstruction violations are punishable by up to 10 years in prison and up to a $250,000 fine. McNab, Blandford and Huang were arrested last week and will be arraigned shortly. Schoenwetter turned himself in to the United States Marshal's office in Mobile on Tuesday.

The Caribbean (or Florida) spiny lobster (Panulirus argus) is found in salt waters from Florida to Brazil, including the waters off Honduras, comprising one of the world's largest commercial lobster fisheries. Biologists believe that the offspring of lobster populations off the Western Caribbean coast, including Honduras, are key sources for replenishing the lobster stocks in the Southeast United States.

The spiny lobster is one of Honduras' most important natural resources, and the country regulates the commercial fishing of spiny lobster in order to prevent the exploitation and collapse of this resource. The United States, as the largest importer and consumer of Honduran spiny lobster, also has a significant interest in a commercially sustainable harvest.

The investigation of this case was lead by Special Agents of the National Marine Fisheries Service, with assistance from the FBI and the IRS. The case is being prosecuted by the U.S. Attorney's Office, Southern District of Alabama, with the assistance of the Wildlife and Marine Resources Section of the U.S. Department of Justice.

An indictment is a formal accusation and is not proof of guilt. Defendants are presumed innocent until and unless they are found guilty.

###

00-301

What a joke this industry is.

STUART FISH HOUSE CITED FOLLOWING FOUR-MONTH STING

http://floridaconservation.org/whatsnew/region/stuartsting-so.html

April 6, 2001
Contact: Jim Huffstodt 561/625-5122

WEST PALM BEACH--A Stuart wholesale fish dealer was cited recently for purchasing fish from an improperly licensed commercial fisherman and failure to record the catch as required by law. The illegal commercial fisherman was, in fact, an undercover officer with the Florida Fish and Wildlife Conservation Commission (FWC).

Van T. Hruby, 45, the owner of Portside Seafood, Inc., 1206 Railroad Ave., Stuart, was cited for nine misdemeanor violations. Manager Kevin W. Scott, 37, of Stuart was cited for 15 misdemeanor charges. The charges stemmed from a four-month long undercover investigation culminating in an inspection of the fish house by uniformed officers on Thursday, April 5.

Lt. Jeff Ardelean of the FWC South Region Investigations unit said the permit requirements and related paperwork are crucial in accurately monitoring and protecting the saltwater fishery. Agency fishery biologists, for example, base commercial regulations, seasons, and harvest ceilings on data provided by "trip tickets" noting species taken, quantity, and date.

The defendants will be arraigned in Martin County Courthouse on May 3. Each charge is a second degree misdemeanor punishable by up to 60 days in jail and/or a $500 fine. Ardelean stated that the alleged violations could also lead to the revocation of the suspect's wholesale fish dealer's license for up to one year.

FWC officers issued the citations and also conducted an inspection of the fish house facility. Additional charges against the owner resulted, including failure to keep trip tickets for the required three years, several short sheephead, one short mangrove snapper, and one charge of making an illegal retail sale.

"This undercover operation is one example of how the newly reorganized Division of Law Enforcement has become more efficient in addressing major violations," said Major Don Holway, FWC Bureau Chief, East Operations.

"The south region investigation section has taken the lead in targeting violators who are profiting from the illegal commercialization of our natural resources," he said. "This includes both the suppliers and the buyers of illegal products. This arrest should send a clear message to would be violators that our officers are working in plain clothes to stop all levels of violations.

"On January 5, 2001, the FWC restructured the division of law enforcement by merging the former marine enforcement bureau and the inland enforcement bureau," he said. "The state is now divided into two field operations bureaus: East Operations and West Operations. Both are comprised of officers from the former bureaus.

"As part of the restructuring, the resources protection unit functions of the former marine bureau, were placed within the investigation section," he said. "This has made more assets available to target the hardcore violators throughout the state."

JTH/OIS

It took a year for the case to go to trial but a Franklin County jury last week found a father and son guilty of major netting violations.

Bob Nichols, 46, 823 Otter Creek Road, Sopchoppy and Damon A. Nichols, 21, 30 Aaron Strickland Road, Crawfordville were each adjudicated guilty and fined $250 in Franklin County Judge Van Russell's court. The Nichols' had been charged with possession of a monofilament gill net, and possession of 51 mullet or more and an entangling net.

The Nichols' were arrested Aug. 31, 2000 just after daylight near Turkey Point Shoal in Franklin County after being observed pulling a large monofilament gill net. Officers of the Florida Fish and Wildlife Conservation Commission (FWC) seized 1,000 pounds of mullet and a 5,000 square foot gill net at the time. The mullet were ordered sold and the proceeds forfeited to the state of Florida. A motion for forfeiture of the net has been filed with the courts.

Both men are commercial fishermen and the marine violations they were convicted of are considered 'major violations' under FWC rules. They face civil fines and revocation of their commercial fishing licenses.

SK:OIS

FT. MYERS - The Florida Fish and Wildlife Conservation Commission (FWC) confiscated a staggering 1.1 miles of illegal fishing nets in a month-long enforcement detail in Charlotte Harbor.

"The special effort was aimed at curbing the use of illegal fishing gear banned by a revision to the state constitution in 1994," said Capt. Denis Grealish, law enforcement supervisor for Lee and Charlotte Counties.

On July 26, at about 1:30 a.m., an FWC helicopter patrol observed a commercial fishing skiff operating without navigation lights near Pirates Harbor. Officers found the suspect vessel moored alongside another boat with 1,200 yards of trammel net on board. James Birren, 54, of 18933 Shettle Rd., Land-O-Lakes, had his net seized and was charged with operating a vessel without proper navigation lights and a violation of transit rules. Transit rules require commercial fishermen using fishing gear legal in federal waters but illegal in state waters, to travel directly to and from fishing grounds without deviating from their course. Initial transit violations are punishable by up to 60 days in jail and up to $500 in fines. Second offenses are punishable by jail terms up to six months and/or a $1,000 fine.

In two separate incidents near Jug Creek Marina on July 17, FWC officers seized more than 700 yards of illegal gill nets. Ron Lolly, 48, of 14271 Lolly Rd. and Richard Delacey, 42, of 5459 Thomas St., both of Bokeelia, were cited for using an illegal gill net, transit violations, quality control violations and not having their net marked with a salt water products license number. Both Lolly and Delacey were issued notices to appear. This is Delacey's ninth arrest and Lolly's 13th arrest on similar charges.

As officers were finishing with Delacey and Lolly, another vessel arrived at the Jug Creek Marina only to flee when approached. Officers pursued the vessel until it ran aground. The occupant escaped on foot but 300 yards of gill net was recovered from the boat.

"This type of special effort has become an effective deterrent against continued abuse of the fishery by illegal recreational and commercial fishermen," said Grealish.

Grealish indicated that special details are commonly used in areas where illegal fishing is a chronic problem, but he would not speculate how long the increased enforcement effort will continue in the Charlotte Harbor area.

The FWC encourages all conservationists to help protect Florida's fish and wildlife resources by reporting violations through the toll-free Wildlife Alert hotline at 1-888-404-FWCC (3922), anytime day or night.

GRM/OIS

PANACEA RESIDENTS CHARGED WITH VIOLATING COMMERCIAL GROUPER CLOSURE

February 23, 2001 http://floridaconservation.org/whatsnew/region/panacea-arrest-nw.html
CONTACT: Major Kent Thompson (850) 233-5150

Three Panacea men were arrested Wednesday evening at Posey's Restaurant in Panacea and face numerous state and federal charges for apparently violating the ban on the commercial harvest and sale of gag, red and black grouper.

Florida Fish and Wildlife Conservation Commission (FWC) law enforcement officers arrested Wesley Byrd, 62, P.O. Box 884; John D. Adams, 33, P.O. Box 931; and John Noah Posey, Sr., 62, P.O. Box 294. Posey is the owner of Posey's Restaurant.

Officers seized 44 fresh gag and red grouper and 3 black sea bass (rock bass). The fish were estimated to weigh between 300 and 400 pounds.

Earlier this month both the FWC and the National Marine Fisheries Service (NMFS), a branch of the National Oceanographic and Atmospheric Administration, announced the Gulf of Mexico was closed to the commercial harvest and sale of gag, red and black grouper from Feb. 15 - Mar. 15 in both state and federal waters. In the Gulf of Mexico federal waters begin nine nautical miles from shore.

Recreational anglers, however, are unaffected by the closure. They can still possess no more than five grouper per day and they must be a minimum of 22 inches in length.

"We had information that grouper were being caught and sold contrary to the law," said Lt. Jeff Schremser, a law enforcement supervisor who works out of the FWC's Carrabelle field office. "On Wednesday we observed Wesley Byrd and John Adams as they came in from the Gulf and maintained surveillance of them until they were arrested at Posey's Restaurant."

Byrd and Adams were each charged with possession of over the bag limit of gag grouper; possession of undersize gag and red grouper; failure to obtain a Saltwater Products License; selling grouper during the federal closure; and failure to obtain a reef fish permit. Posey was charged with buying grouper during the federal closure.

On Thursday afternoon Schremser said they obtained a judge's order and receipted the fish to the Wakulla County Senior Citizen's Center.

NMFS officials have already been in touch with the FWC and may file federal charges against the three men. As a federal agency the NMFS can seek substantial civil fines and penalties in marine cases involving violations of federal regulations.

SK:OIS

http://caldera.sero.nmfs.gov/fishery/pannounc.gen/pafann.200/rel200.htm