Poaching BUSTS!

[ledhead36]

Watermen charged in illegal striped bass sales

State, federal investigators uncover extensive poaching ring in Md., Va.

By Candus Thomson January 31, 2009
State and federal investigators have broken up a black market involving watermen and fish dealers who sold millions of dollars' worth of striped bass, illegally taken from the Chesapeake Bay and Potomac River, to shops and restaurants across the country, according to court documents filed in federal court this week.

Four Maryland watermen, one Virginia waterman, two Washington fish dealers and an upscale Georgetown fish market have been named in criminal complaints, and officials said more are expected. In addition, two St. mary's County watermen were indicted by a federal grand jury last fall for their part in the poaching scheme, which law enforcement officials in Maryland and Virginia say is the largest ever.

The timing couldn't be worse for Maryland. On Monday, the region's fishing regulatory agency is to meet in Alexandria, Va., and state officials fear that the news could trigger harsh penalties that would cripple the multimillion-dollar commercial fishing industry in the Chesapeake Bay and drive up retail fish prices.

"These were fish pirates," said a high-ranking Virginia official, who asked not to be named because he was not authorized to speak about the case. "This was racketeering. Computers and records were seized. You're going to see some places go out of business."

The watermen and fish dealers have been charged under the Lacey Act, which prohibits the illegal taking of wildlife in one state for the purpose of selling it in another. Violations of the act carry a maximum penalty of five years in prison and a fine of up to $250,000, plus potential forfeiture of the boats and vehicles used.

Yesterday at U.S. District Court in Greenbelt, criminal complaints were filed against these watermen: Thomas L. Crowder Jr., 40, of Leonardtown; John W. Dean, 53, of Scotland; Charles Quade, 55, of Churchton; Keith Collins, 57, of Deale; and Thomas L. Hallock, 48, of Catharpin, Va.

"It's news to me," Dean said when reached by phone yesterday. "It may be me. I don't know."

"There have been a whole bunch of plea agreements, but I can't talk to you about it," Crowder said.

Law enforcement sources said individuals have admitted to poaching as much as $1 million worth of fish each over five years.

Annually, Maryland's 1,231 licensed watermen account for about 2 million pounds of the 7 million pounds of striped bass legally caught commercially on the Eastern Seaboard. The poaching scheme described in court documents and by sources means that the state vastly exceeded its annual striped bass quota for five years.

Maryland's watermen are required to report their catch at one of about 30 check stations, which are run by volunteers holding fish dealer licenses. Each fish must be tagged before it is unloaded from a boat. The check stations send the information - number of fish and weight of the catch - to the Department of Natural Resources in daily phone calls and file more comprehensive in weekly written reports.

But insufficient tag monitoring and allowing fish buyers to run check-in stations created a loophole that was exploited, Maryland officials acknowledge.

"This is a time to be sad about the lawlessness on the bay," said Maryland DNR Secretary John R. Griffin. "There's not a whole lot you can do to sugar-coat it. We toughened the rules last summer, but that obviously wasn't enough. It's become clear we need even more accountability."

The DNR is proposing regulations to tighten monitoring and enforcement of the commercial catch.

Andy Hughes, chairman of Coastal Conservation Association Maryland, called the poaching "both alarming in its scope and tremendously disappointing in that it was not dealt with many years earlier."

"We can't bring back the striped bass that have been stolen from us, but we can learn a lesson," Hughes said.

The investigation began in 2003, when Maryland Natural Resources Police tipped the U.S. Fish and Wildlife Service to poaching in the bay and the river. Here's how the scheme worked, according to sources and court documents:

Watermen, like Joseph Peter Nelson, 69, and Joseph Peter Nelson Jr., 45, of St. Mary's County, received additional tags by filing false reports with the state about the number and weight of the striped bass they caught illegally in Maryland waters.

After reaching his Potomac River quota, the younger Nelson allegedly began using his tags designated for Chesapeake Bay use. From 2003 to 2006, he also used the commercial license of a waterman referred to in the indictment as "J.R." to secure more tags and falsify that catch.

Instead of carrying out transactions dockside, the indictment says, undercover officers from Virginia Marine Police posing as wholesale buyers took delivery of the fish from the Nelsons or unnamed men listed as unindicted co-conspirators at a private home in St. Mary's County, a walk-in cooler, a parking lot and near a bridge on a county road.

Other watermen joined the scheme, creating a supply of striped bass so vast that poachers and dealers brought workers into fish packing houses after hours to process the catch, sources say.

Both Nelsons have pleaded not guilty and contend that the statements they made to Maryland officers were made before they were read their rights. Louis Fireison, lawyer for the younger Nelson, said he could not discuss the case at this point. Lisa Lunt, lawyer for the elder Nelson, declined to comment.

To catch buyers, undercover officers peddled undersized, oversized and out-of-season striped bass.

Court documents show that for four years, beginning in April 2003, Robert Moore and Robert Moore Jr., who own Cannon Seafood Inc., in Washington, sold illegal striped bass and helped other unnamed people buy and sell fish.
Griffin said he hopes to see more joint enforcement efforts on the bay, an idea seconded by Rod J. Rosenstein, U.S. Attorney for Maryland.

"This is not the sort of case you can prove by looking at a fish once it's on a plate in a restaurant or somebody's kitchen. You have to actually be there when the fish are caught and when they're sold at the first stage," Rosenstein said. "I hope that this will be a model for other similar investigations because it's really critical that we join forces to pursue these kinds of cases."

DNR officials worry that this poaching scheme might eventually lead to Atlantic States Marine Fisheries Commission sanctions.

ASMFC Commissioner Pat Augustine of New York predicted that his fellow commissioners "will demand some form of punishment when this hits the table ... that could shut down commercial striped bass fishing in the Chesapeake. Maryland needs to come to the table eating humble pie."

[cowherder]

Great job catching these guys!

May 7, 2009
Capping a lengthy undercover investigation, Conservation Officers with the Department of Environmental Protection’s Division of Fish and Wildlife have cited eight people for illegally taking and selling river herring from South Jersey waters. Fishermen are allowed to take up to 35 herring per day, but are not allowed to possess more than 35 herring at one time, or sell herring, unless they hold certain commercial fishing licenses.

Herring are anadromous fish, meaning they live in saltwater, but return to fresh water to spawn in the spring. In recent years, herring migrations have precipitously declined, raising concern and prompting regulatory action by federal and state government. Since Colonial times, many populations of blueback herring and alewife, collectively known as river herring, have faced threats from commercial and recreational fishing, habitat loss from dam construction, silt and pollution – among others.

The National Marine Fisheries Service identified a 90 percent decline in commercial landings of herring between 1985 and 2004, and those numbers have continued to decrease. The closure of river herring fisheries by Atlantic coastal states -- including Massachusetts, Rhode Island, Connecticut, Virginia and North Carolina -- and documented declines in river herring abundance have raised questions about the adequacy of current management of the species to promote healthy fish stocks.

Given the circumstances, the Delaware River Basin Fish & Wildlife Management Cooperative’s Fisheries Technical Committee in 2008 took regulatory steps to reduce the current daily limit of 35 river herring to 10. If approved in Pennsylvania, the regulation would take effect in 2010. A regulation to reduce the herring limit to 10 is also proposed for New Jersey’s fresh waters and would require anglers wishing to possess more than 10 fish to produce a receipt proving that they purchased the extra herring.

The seriousness of the decline is also reflected by a May 7 Atlantic States Marine Fisheries Commission approval of an amendment to the Interstate Fishery Management Plan for river herring. The amendment prohibits commercial and recreational fisheries for herring in marine waters beginning Jan. 1, 2012, unless a state or jurisdiction develops and submits for approval a sustainable management plan by Jan. 1, 2010. The amendment defines a sustainable fishery as "a commercial and/or recreational fishery that will not diminish the potential future stock reproduction and recruitment."

During the past several years in New Jersey, amateur harvesters have refined their gear and techniques to boost the size of their catch. However, as conscientious sportsmen witnessed anglers taking more than the 35 herring a day limit, they reported it to the DEP’s Division of Fish and Wildlife. Through information and surveillance, Conservation Officers learned that hundreds of thousands of herring likely have been illegally taken and sold out of the waters in Atlantic County. Anglers stockpiled many of these fish in holding pens, a violation of New Jersey’s possession limit.

Herring are prized as bait in the increasingly popular recreational striped bass fishery, and at a price tag of up to $5 a piece, the demand and profit incentives has fueled black market commercialization at the expense of the species.

In an effort to help protect this important wildlife resource, plainclothes Conservation Officers worked for more than 14 months alongside herring fishermen in Mays Landing in Atlantic County on the Great Egg Harbor River, and compiled evidence on at least 16 people for taking more than the legal daily limit of herring, having more than the possession limits and for illegally selling herring.


On May 3, Conservation Officers executed search warrants at three locations in Atlantic County, and wrapped up the undercover investigation, led by Lt. Greg Honachefsky by citing eight men with dozens of violations in connection with illegally catching and selling herring. Eight others were apprehended and charged last spring at the start of the investigation. All told, possible penalties for the violations exceed $33,000. The eight men cited this week are:

• Peter May, 29, of Hutto, Texas, formerly of Mays Landing, was charged with possession of 350 river herring over the legal limit, unlawful use of a bait seine, and unlawfully screening a river.
• Thomas Valiante, 49, of Galloway, was charged with possession of 270 river herring over the legal limit, unlawful use of a bait seine, and unlawful screening of a river.
• Anthony Compton, 37, of Mays Landing, was charged with possession of 37 herring over the legal limit and conspiracy to sell wildlife illegally.
• Victor Stott, 69, of Barnegat Light, was charged with 25 river herring over the legal limit.
• Joseph Milza, 52, of Egg Harbor City, was charged with 31 river herring over the legal limit, unlawful sale of wildlife and conspiracy to unlawfully sell or purchase wildlife.
• Mark Constantino, 19, of Egg Harbor Township, was charged with illegal sale of wildlife.
• Thomas Vanzant, 24, of Brigantine, was charged with possession of 119 river herring over the legal limit, unlawful sale of wildlife, conspiracy to sell wildlife illegally, and failure to keep required records.
• John Hoagland, 27, of Egg Harbor Township, was charged with possession of 125 river herring over the legal limit, unlawful sale of wildlife, conspiracy to illegally sell wildlife and failure to keep required records.

To report violations of fish and game laws, call the DEP’s 24-hour hotline at 877-WARN DEP (877- 927-6337). Information can be reported anonymously and will be kept confidential.

[wish4fish]

i stopped fishing the delaware because the herring was going down in latest years, not worth it, now i see why. azzholes like this taking more than the limit, throw the book at the *****!

[stripermania]

It about time they catch some of those scumbuckets. I am tired off the good fisherman being blamed for the the other lamebrains do.

[finchaser]

Probably nothing will happen this is the 3rd or 4th time they have caught Victor. Remember there are no marine judges,regular judges could care less as it's outside of there expertise . As it says possible penalties for the violations .

[williehookem]

Probably nothing will happen this is the 3rd or 4th time they have caught Victor. Remember there are no marine judges,regular judges could care less as it's outside of there expertise . As it says possible penalties for the violations .

It kills me that these guys will get a slap on the wrist if what you said is true finchaser. That's why they keep doing it, they know the penalties will not be that bad if caught.

[DarkSkies]

I started this thread because there seems to be no shame anymore when people are caught poaching. It's no big deal, just part of doing business, no guilt.

Instead of separating different threads out for each state, let's realiize that poaching occurs in all states, and poaching of striped bass occurs in all EEZ coastal areas, not just in NC and VA.

The ASMFC posts records every year of people caught poaching. Feel free to locate those public records from the meetings and post them in this thread. Thanks people.

[DarkSkies]

This first one comes courtesy of Bababooey, who originally posted it in the EEZ thread.
http://stripersandanglers.com/Forum/...?t=5801&page=8


Thanks.




http://www.jdnews.com/news/illegal-7...s-efforts.html


Fishermen caught with nearly 3,000 pounds of illegal bass

February 12, 2010 5:45 PM

DAILY NEWS STAFF

Coast Guard and National Oceanic and Atmospheric Administration personnel combined efforts Tuesday to stop illegal striped bass fishing off Oregon Inlet and found one vessel with illegally caught fish that had more than 2,900 pounds of fish aboard.

The economic pressures being felt nationwide and the meteorological conditions driving the striped bass population farther off shore into warmer waters have set the stage for a situation that may entice fishermen to break the law, according to a news release from the Fifth Coast Guard District.
In an effort to ensure the longevity of the striped bass population and maintain a level playing field for all fishermen, federal authorities are taking action.

On Tuesday, in response to multiple reports of commercial and recreational striped bass fishing within the Exclusive Economic Zone, the Coast Guard and NOAA conducted a joint effort to curtail this illegal activity.

Fishing for striped bass is permitted within state waters, but catching or possessing striped bass outside three nautical miles from shore is a violation of federal regulations. In an effort to catch fishermen participating in this illegal activity, the Coast Guard mounted a patrol within known fishing grounds off Oregon Inlet, using Station Oregon Inlet’s small boats with the assistance of additional boarding team personnel from Station Hatteras Inlet, the release said.

One of the boarding teams sighted the fishing vessel Lady Samaira as it was heading back into port. It was within the Exclusive Economic Zone when the team boarded the vessel to ensure compliance with both fishery and vessel safety regulations.
Their investigation revealed more than 150 striped bass aboard the vessel. The boarding team documented their findings and relayed all pertinent information to NOAA, the regulatory agency for such violations, for further guidance. As a result of the boarding team’s findings, NOAA asked the Coast Guard to direct the Lady Samaira to port where NOAA agents met the vessel.

When the vessel moored in North Carolina there were less fish aboard, approximately 100 striped bass. The fish, weighing in at almost 3,000 pounds, were abandoned by the vessel’s captain to the NOAA Office of Law Enforcement.

Typically, if less than 10 illegal fish are discovered, in addition to having to abandon their catch the master is levied a $100 fine per fish and the matter is closed. In this case, the NOAA OLE investigation continues, and the final action to be taken against the master or vessel has yet to be determined.

This case, while significant, is just one example of illegal striped bass fishing activity recently interdicted by federal, state, and local authorities, the Coast Guard said.

[DarkSkies]

Feel free to post any others from the ASMFC meeting reports or other sites where these public records are listed.

The legal stuff:
Please be aware when a citation is written, the person it is given to is not a poacher until they're convicted or plead guilty in a court of law.

Let's try to keep a focus on that here, thanks.

[DarkSkies]

Sent in by OGB, thanks!

Marine Region

*On 9/14/09 COs Scott and Swift conducted an evening patrol in Perth Amboy, Belmar, Avon and Point Pleasant Beach. The result of the patrol netted six summonses for possession of 15 undersized tautog, one summons for undersized crabs and a summons for an undersized striped bass.

*While responding to the seemingly endless complaints in Barnegat Light, on 9/26/09 CO Swift set up a surveillance along a path used by illegal fishermen and their accomplices. CO Swift observed a female carrying a backpack walking to a vehicle. CO Swift then observed two male fishermen walking up the path approximately 100 yards behind the female. He inspected the fishermen who possessed one legal tautog. When questioned by CO Swift, the fishermen initially denied knowing the woman with the backpack. CO Swift obtained the backpack which contained 7 undersized tautog. As CO Swift went back to his vehicle to write a summons, a local resident alerted him that the woman made several trips back and forth to the vehicle during the day. CO Swift went back to the subject’s vehicle and found an additional 9 undersized tautog. All three individuals were issued summons for possession of undersized tautog, possession of over limit tautog and interference.

*On 9/25/09 Lt. Fresco and CO Swift set up a surveillance on the Point Pleasant canal in reference to many ongoing complaints. One individual was observed running fish back to a vehicle and was apprehended with four undersized tautog and one summer flounder out of season. Another individual was also apprehended for running fish back to their vehicle with undersized scup and tautog. Later that day the officers met up with CO Dravis to conduct an inspection of the FV Paramount in Brielle. An individual fishing on that vessel contacted CO Dravis in reference to violations by patrons as well as their descriptions. Two individuals were apprehended with 27 undersized black sea bass.

*On 09/25/09 CO Jones was watching a fisherman on a jetty in Deal. The fisherman eventually packed up his gear and started to come off the jetty. At this time another fisherman arrived and started to walk onto the jetty. The original fisherman gave the new fisherman a wide berth and hid his bucket on the side opposite this fisherman's view so the new fisherman could not see into the bucket. CO Jones watched the fisherman walk onto the beach and then proceed up the beach passing the normal access location and go to a more remote access location further up. CO Jones arrived at the second access site and climbed out of his patrol vehicle. When the fisherman, who was now climbing stairs towards the parking lot, saw CO Jones standing at the top of the access, he quickly turned around, ran down a flight of stairs, and threw the bucket over the railing and into the weeds. CO Jones advised the individual to retrieve the bucket. At this time the fluke season had been closed for 21 days. CO Jones inspected the contents of the bucket and found five fluke. The fisherman was issued a summons for having five fluke during closed season.

*On 09/26/09 CO Jones walked the Keansburg Pier inspecting fisherman as he went. He encountered a father and teenage son who were attempting to leave. Both men walked past CO Jones as he tried to inspect them. CO Jones now had to get in front of both fisherman and stop them so he could conduct the inspection. The father kept his teenage son on the far side of him away from CO Jones. The father then showed CO Jones an empty bucket and said "no fish". The men then tried to walk away. CO Jones again got in front of both men and asked to see the contents of the soft-bodied cooler which the teenage son had strapped across his shoulder. The teenage son said "its' only drinks". CO Jones had the teenage son remove the top drink and plastic bag. Underneath the plastic bag CO Jones observed scup. Upon inspection CO Jones found the soft-bodied cooler held 40 porgies of which 39 were short.The father took responsibility for all the fish and the appropriate summonses were issued.

*On 10/01/09 CO Jones conducted surveillance of a fisherman fishing along the Arthur Kill in Perth Amboy. CO Jones observed the individual catch two porgies before the fisherman packed up his gear to leave. CO Jones arrived at the parking location as the fisherman was approaching his vehicle. Upon seeing CO Jones the fisherman walked to the passenger side of his vehicle and threw his bag of fish under the vehicle. CO Jones had the fisherman retrieve his bag of fish and upon inspection found that the bag contained 5 bluefish, and 37 porgies (scup). All 37 porgies were short. The appropriate summonses were issued.

*On 10/5/09 COs Soell and Swift set up surveillance on exits used by fishermen fishing on the Barnegat Light jetty. CO Swift observed two individuals with fishing equipment dragging a cooler to their vehicle. CO Swift inspected the cooler and it container 17 undersized tautog. Summonses were issued to both individuals for possession of undersized and over limit tautog. Meanwhile, CO Soell received a call from a local resident on another exit that a male and female were returning to their vehicle. The resident observed the female carry two buckets to their vehicle during the course of the day. The COs stopped the vehicle as they were leaving the area. When asked if they had caught any fish, the individuals showed the officers two buckets containing approximately 30 bergalls. CO Swift spotted a backpack in the vehicle and asked to inspect it. The backpack contained 10 undersized tautog. The male admitted to catching all of the fish and received a summonses for possession of 10 undersized tautog and 9 over bag limit.

That same evening, CO Swift observed a female walk to a vehicle with a backpack. When she returned to the path the backpack appeared empty. Approximately fifteen minutes later a male carrying a backpack and no apparent fishing equipment, returned to the same vehicle and proceeded to leave the area in his vehicle. The COs followed the vehicle which then stopped at a gas station. The COs questioned the male if he had been fishing and he replied that he did. When asked if he possessed any fish he stated, “no”. CO Soell asked if he had a cooler and permission to inspect it, to which the male consented. The cooler contained 40 tautog which were hidden under a jacket inside the cooler. The backpack he was observed carrying contained another 9 tautog. Out of a total of 49 tautog, 30 were undersized. The male was issued summonses for possessing 48 tautog over the limit and 30 undersized tautog. It turns out that all of these fish were caught utilizing hand lines. As a side note, the woman originally observed going to the vehicle was apparently left behind by the male and was observed by COs walking down the main roadway on Long Beach Island. Over the course of that patrol, 84 illegal tautog were seized.

*The National Marine Fisheries Service made a closure of the black sea bass recreational harvest season to federally permitted party and charter vessels, effective October 5th . On October 4th, prior to the federal recreational black sea bass season closure, CO Snellbaker organized a boarding of the charter vessel Capt Collet in Atlantic City. At 1600 hrs, CO Snellbaker, CO Nicklow and Lt. Canale boarded the vessel as they returned to the dock on Maryland Ave. The Conservation Officers encountered 15 patrons from Maryland and Washington, DC. When the inspection was complete, Officers, Snellbaker, Nicklow and Lt. Canale documented a total of 613 undersize black sea bass, 404 black sea bass possessed over the daily bag limit of 25 fish per person, 5 undersize scup, and 5 undersize fluke which were also possessed during the closed season for the charter. Although individual totals varied, violations per patron averaged 40 undersized fish and 26 fish over the limit. Officers issued a total of 32 summonses to the patrons of the CV Capt Collet for their violations. All of the seized fish were donated to the Atlantic City Rescue Mission.

*CO Petruccelli, assisted by NMFS Special Agent Jason Couse, apprehended the F/V Sonja H with several violations of New Jersey’s Commercial fishing regulations. On the evening of September 23, CO Petruccelli observed FV Sonja H enter its dock area in Cape May Harbor. While observing the vessel from an adjacent dock, CO Petruccelli was seen by the owner of H&H Fisheries LLC, Blair Hansen.

H&H Fisheries is the documented owner of the FV Sonja H. Mr. Hansen was able to warn the captain of the vessel, Jasen Hansen, about CO Petruccelli’s presence. Jasen Hansen immediately dumped illegal black sea bass and tautog overboard into the harbor. CO Petruccelli arrived to find black sea bass and tautog from the FV Sonja H floating in the water. With the assistance of the vessel captain, Jasen Hansen, CO Petruccelli retrieved most of the discarded fish. CO Petruccelli documented that the FV Sonja H landed 70lb of black sea bass during the closed commercial season, 35lb of tautog during the closed commercial tautog season, 17 undersize lobsters and the possession of 2 egg bearing lobsters. Additionally, a federal violation for failing to complete a Fishing Vessel Trip Report and a State violation for interference for the attempt to discard the illegal fish were documented. CO Petruccelli issued 9 summonses: four to the Vessel owner and five to the captain. Federal Charges for the logbook violation are pending.





A full list of all activities/violations including hunting/game law infractions can be found here:

http://njcoa.blogspot.com/

[DarkSkies]

Some more:


Marine Region

*CO Swift recently settled a case in Highlands Borough Court stemming from fillet permit violations observed by undercover officers on the party FV Elaine B II on 7/31/09. The mate and captain pleaded guilty and paid a total of $600.00 in penalties plus costs. The vessel also had its fillet permit suspended for a period of 60 days.

*CO Scott also settled a case in Middletown Township Court involving a commercial conch pot fisherman. The individual pleaded guilty to this second violation for placing of conch pots in a marked or charted channel. He paid a penalty of $750.00 plus costs.

*On 11/7/09, CO Soell settled a case in Barnegat Light Municipal Court involving an individual who was apprehended with 48 tautog over limit and 30 undersized tautog. This individual pleaded guilty and was assessed a penalty of $2340.00 plus court costs.

*On 11/15/09 District 7 COs conducted a plain-clothes operation at Barnegat Light SP jetty in response to complaints from local citizens of unlawful activity. The officers posing as fishermen, observed several instances in which fishermen deliberately attempted to conceal their illegal catches and avoid detection. Groups of fishermen would send out illegal fish with individuals in backpacks with no fishing equipment, while the rest of the group brought out legal fish and all the equipment. The carriers of the illegal catch would walk out to side streets along the beach to be later picked up by their counterparts or go to separate vehicles. A total of 15 individuals were apprehended by the officers with a total of 23 summonses issued. Summonses issued included: 2 summonses for possession of a total of 23 winter flounder out of season; 8 summonses for possession of a total of 23 tautog, over bag limit; 4 summonses for possession of a total of 10 undersized tautog; and 9 summonses for interfering with the duties of a CO.

*On 11/22/09 COs Scott and Swift observed a fisherman returning to the Neptune City ramp. They recognized this individual as a habitual marine fish violator who is currently awaiting trial on another case involving 47 summer flounder out of season. An inspection of the vessel revealed 6 undersized striped bass. Summonses were issued for 6 short striped bass and 2 over limit.

*CO Scott later inspected the charter fishing vessel, Right of Way II that just returned to the Belmar Municipal Marina in the Shark River, from a tautog fishing trip. The inspection was uneventful. A short time later, CO Swift while driving through the Belmar Marina parking lot, observed a well-dressed individual carrying a bag of three, large tautog. When questioned by CO Swift, this individual claimed he bought the fish from the Right of Way II. CO Swift took the individual back to the vessel to point out the seller, who turned out to be one of the patrons. A summons was issued to the patron for sale of tautog without a permit. Earlier that day while on boat patrol with USCG Sandy Hook, CO Scott inspected a sport fisherman in possession of 12 tautog, 6 over the daily possession limit. A summons was issued for the overage.

*CO Dravis conducted a dockside inspection of a sport fishing vessel in Brielle on 11/22/09. As he approached this vessel, he observed some of the three occupants scurrying around to fill out striped bass bonus tags. CO Dravis asked what they had caught and one of the fishermen stated they had 8 striped bass. At the time they had not filled out any of the bonus tags. When CO Dravis told them he was going to inspect the vessel’s fish holds, one individual told them they were also in possession of a summer flounder. The holds contained 8 striped bass and a 24 inch summer flounder. A summons was issued to the captain for not filling out the bonus tags and possession of summer flounder during the closed season.

[seamonkey]

Well it seems they are no longer prosecuting these cases in local courts, it's about time some stiff penalties were handed down!!

http://www.justice.gov/opa/pr/2010/J...-enrd-769.html

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, July 1, 2010



Jury Convicts District of Columbia Fish Wholesaler & Two Employees for Purchasing Illegally Harvested Striped Bass


WASHINGTON—Following a five-week trial, a fish wholesaler and two of its employees were found guilty with purchasing illegally harvested striped bass, known locally as rockfish, from the Potomac River in Virginia and Maryland from 1995 through 2007, the Justice Department announced today.

Ocean Pro Ltd. d/b/a Profish, one of the largest District of Columbia seafood wholesalers, its vice-president Timothy Lydon of Bethesda, Md., and its fish buyer, Benjamin Clough of Graysonville, Md., were all convicted of a felony conspiracy to violate the Lacey Act. Ocean Pro and Lydon were also convicted of three felony Lacey Act violations, and Clough was convicted of three Lacey Act violations and a felony false statement charge. The Lacey Act is a federal law that prohibits individuals or corporations from transporting, selling or buying fish and wildlife harvested illegally.

Profish and Lydon began buying striped bass from Virginia fishermen fishing on the Potomac River in 1995. Lydon and Profish agreed to buy striped bass that they knew was illegally harvested by seven fishermen between 1995 and 2007. Clough joined Profish in 2001, and he continued to knowingly purchase the illegally harvested striped bass through 2007. In total, the defendants purchased over 270,000 pounds of striped bass illegally harvested from Maryland and Virginia waters, with a fair market retail value over $1.6 million.

Evidence was also introduced at trial that they altered records regarding their striped bass purchases, and changed records indicating the harvest date on shellfish to make it appear that they were harvested more recently than they were.

Commercial striped bass fishermen are given a quota that they are allowed to catch each year. The fishermen are issued a set number of plastic tags that they are required to affix to every striped bass harvested. In addition, during certain times of the spring, commercial striped bass fishing is prohibited, or, if allowed, a maximum striped bass size limit is imposed that prohibits the harvest of striped bass over that size.

The quota restrictions and tagging requirements are designed to prevent the over-harvest of striped bass, and the seasonal closing and size restrictions are designed to protect striped bass while they are spawning and to protect the larger, sexually mature and more productive spawning fish.

These restrictions were implemented in the early 1990s following the crash of the striped bass fishery in the 1980s, which resulted in a moratorium on commercial striped bass harvest from 1985 to 1990.

Profish, Lydon, and Clough were willing to buy commercially caught striped bass, which were over the applicable size limit during the spawning season and did not have the required tags affixed. This allowed commercial fishermen to catch and sell more striped bass than they were allowed, and to catch and sell protected spawning striped bass from 1995 through 2007.

In early spring each year, striped bass (Morone saxatilis), known regionally as rockfish, enter the estuary or river where they were born to spawn, and then return to ocean waters to live, migrating along the coastline. Fish spawned from the Chesapeake Bay ecosystem contribute the greatest number of striped bass to the Atlantic coastal fishery, and the commercial fishery for Atlantic coastal striped bass is based primarily on migrations of fish born in the Chesapeake Bay area. Striped bass do not die after spawning. They may live up to 30 years and reach 50 pounds or more. The population of coastal Atlantic striped bass depends heavily upon the capability of older, larger, female striped bass to successfully reproduce.

The charges are a result of the investigation by an interstate task force formed by the U.S. Fish and Wildlife Service, the Maryland Natural Resources Police and the Virginia Marine Police, Special Investigative Unit in 2003. The task force conducted undercover purchases and sales of striped bass in 2003, engaged in covert observation of commercial fishing operations in the Chesapeake Bay and Potomac River area, and conducted detailed analysis of area striped bass catch reporting and commercial business sales records from 2003 through 2007.

To date, including these convictions, the task force has resulted in felony 22 felony convictions: fourteen fishermen from Maryland and Virginia, five individuals who operated seafood wholesale companies, and three seafood wholesale companies in Maryland, Virginia, and the District of Colombia.

These cases were prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the District of Maryland.

[lostatsea]

Good too hear it.

[albiealert]

Now that the prosecution has some teeth, these guys may think twice next time.

[DarkSkies]

Now that the prosecution has some teeth, these guys may think twice next time.

Good point Albie.

Finchaser talks about this all the time in the poaching posts. He correctly points out that there aren't many teeth in the system to really address the poaching problem. For years he has been saying that until they address this, poaching prosecutions are weak and ineffective.

People are happy to hear guys got busted. When it comes down to the court date, they plea out to a lesser charge and a minimal fine. Kind of like robbing a bank, and pleading out to spitting on the sidewalk as you left the bank, with other charges being dropped.

This is a significant change in policy. At least some folks are serious about seeing justice done. What's more significant is the press release, straight from the DOJ.

Now if the DOJ only started going after EEZ striped bass violations like they went after these guys, we would know they are truly serious about applying the law equally.

But hey, this is a start, so I'm happy to hear it.

[blitzhunter]

To date, including these convictions, the task force has resulted in felony 22 felony convictions: fourteen fishermen from Maryland and Virginia, five individuals who operated seafood wholesale companies, and three seafood wholesale companies in Maryland, Virginia, and the District of Colombia.

These cases were prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the District of Maryland.

Ge get em boys!

[surferman]

I get so mad when I read this. The gov't should sink their boats or take them away!



ANNAPOLIS (November 27, 2010) – On November 24, the Maryland Natural Resources Police (NRP) charged Jerome William Janda, Jr., 55, from Tilghman, Md. with multiply striped bass (rockfish) violations after an investigation relating to illegal fishing activities in the Tilghman area.

On November 10 at approximately 2:35 a.m., NRP officers observed Janda Jr. and his fishing vessel exit Knapp’s Narrows without using his navigational lights and proceed to a pound net located on the south side of Poplar Island, Talbot County. The officers observed the occupants of the vessel fish the pound net and then docked at Lowes Wharf.

At approximately 4:00 a.m., the officers confronted Janda Jr. and the two other occupants on the vessel, Jerome William Janda, 3rd, 28, from Tilghman, and Burton Robert Curtis, 25, of an unknown address. The officers found the individuals loading untagged striped bass onto a truck. The Officers seized the 2,731 pounds of untagged rockfish.

Initially, the officers thought Janda Jr. was 1,784 pounds over his seasonal allocation limit according to the information noted on his allocation card. Subsequent investigation into the seafood dealer’s records indicated that Janda Jr. was illegally checking striped bass caught from a pound net as fish caught by a commercial hook and line fisherman. This record information indicated that Janda Jr. exceeded his quota by 7,568 pounds (2,273 fish). Janda Jr. would have obtained his limit on October 6 had the catch been check-in properly.

Commercial fisherman are allowed to catch striped bass by using three gear types; hook and line, drift gill nets, and pound nets. Each gear type has specific poundage of fish that can be caught by each gear during specific periods of the year. A striped bass pound net and striped bass drift gill net license can not be held by the same licensee at the same time. All commercially taken striped bass must be tagged and checked into a designated check-in station. Janda Jr. had a pound net license that had 3,760 pound quota. The 2010 pound net and hook and line season runs from June 1 to November 30. The last segment of drift gill net season starts on December 1 until December 31.

Janda Jr. was charged with 21 counts of using striped bass allocation permits assigned to another, 19 counts of using striped bass tags assigned to another, 14 counts of exceeding seasonal allocation limit of striped bass, one count of possessing striped bass greater than 36” commercial size, one count of possession of undersize flounder, one count of possession of untagged striped bass, and one count of operating a vessel at night without proper navigational lights.

Jerome Janda, 3rd was charged with one count of aiding and abetting exceeding seasonal allocation limit of striped bass and one count of possession of untagged striped bass.

A court date has been set for February 17, 2011 in the District Court of Maryland in Talbot County. The maximum penalty for each count is $1000 plus $1500 per each striped bass. The investigation is on-going and additional charges may follow.

Source: Maryland Natural Resources Police
Return to Headline News

[hookedonbass]

This is the first time I remember them handing out actual prison time. Glad to see it!




http://www.fis.com/fis/worldnews/wor...id=39496&ndb=1

Illegal rockfish scheme investigation results in USD 1 million fines
UNITED STATES
Wednesday, December 01, 2010, 15:30 (GMT + 9)
Ocean Pro Ltd (Profish) plus its vice-president and its fish buyer were sentenced recently in US District Court in Greenbelt, Maryland, for illegally harvesting striped bass for over a decade from the Potomac River. This has been called the largest ever commercial fish poaching plot in the Chesapeake Bay.

Timothy Lydon, a part owner and officer in Profish, one of Washington's primary seafood wholesalers, last week was sentenced to 21 months in prison and fined USD 60,000. Benjamin Clough, a fish-buyer for the company, was sentenced to 15 months in prison and fined USD 7,500.

Profish was sentenced to three years probation, fined USD 575,000, restitution in the amount of USD 300,000 and a special assessment of USD 5,000. Gordon Jett, a fisher who supplied the striped bass or rockfish, was sentenced to five months in prison, five months of home of detention and fined USD 4,572 in restitution.

All the defendants’ fines will go to the Cooperative Endangered Species Conservation Fund and restitution will go to the Commonwealth of Virginia Marine Resources Commission and the State of Maryland Department of Natural Resources.
"When fishermen and fish wholesalers do not comply with the law, they imperil the entire fishery and adversely impact livelihoods of those in the fishing industry who abide by the law, and reap an impermissible economic advantage through their non-compliance," said Ignacia S Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. "The Chesapeake Bay watershed is a national treasure, and the striped bass fishery is an important resource that we must protect from plunder for our enjoyment and that of future generations."
Following a five-week jury trial, Lydon, Clough and Profish last July were judged guilty of purchasing illegally caught striped bass from the Potomac River in Virginia and Maryland from 1995-2007. All were convicted of conspiracy and violations of the Lacey Act, which prohibits the transport, sale or purchase of illegally harvested fish and wildlife.
In total, the defendants were sentenced to more than 140 months in prison, and total fines and restitution exceed USD 1,361,000.
A unit of federal and state lawyers as well as undercover officers investigated the black market operation for five years. It ended in 19 men and three corporations being convicted.
By Natalia Real
editorial@fis.com
www.fis.com

[DarkSkies]

This is the first time I remember them handing out actual prison time. Glad to see it!




http://www.fis.com/fis/worldnews/wor...id=39496&ndb=1

Illegal rockfish scheme investigation results in USD 1 million fines
UNITED STATES
Wednesday, December 01, 2010, 15:30 (GMT + 9)
Ocean Pro Ltd (Profish) plus its vice-president and its fish buyer were sentenced recently in US District Court in Greenbelt, Maryland, for illegally harvesting striped bass for over a decade from the Potomac River. This has been called the largest ever commercial fish poaching plot in the Chesapeake Bay.

Timothy Lydon, a part owner and officer in Profish, one of Washington's primary seafood wholesalers, last week was sentenced to 21 months in prison and fined USD 60,000. Benjamin Clough, a fish-buyer for the company, was sentenced to 15 months in prison and fined USD 7,500.

Profish was sentenced to three years probation, fined USD 575,000, restitution in the amount of USD 300,000 and a special assessment of USD 5,000. Gordon Jett, a fisher who supplied the striped bass or rockfish, was sentenced to five months in prison, five months of home of detention and fined USD 4,572 in restitution.

I believe there's no parole in the federal system, so I think these people will have to do the time given.

For the decade of poaching they did, the sentencing is small. However, the fact that they were sentenced at all is significant. The gov't is trying to send messages to commercial poachers out there. I hope this one came through loud and clear. Thanks for posting this, guys.

[bluesdude71]

This is the first time I remember them handing out actual prison time. Glad to see it!




http://www.fis.com/fis/worldnews/wor...id=39496&ndb=1

Illegal rockfish scheme investigation results in USD 1 million fines
UNITED STATES
Wednesday, December 01, 2010, 15:30 (GMT + 9)
Ocean Pro Ltd (Profish) plus its vice-president and its fish buyer were sentenced recently in US District Court in Greenbelt, Maryland, for illegally harvesting striped bass for over a decade from the Potomac River. This has been called the largest ever commercial fish poaching plot in the Chesapeake Bay.

Timothy Lydon, a part owner and officer in Profish, one of Washington's primary seafood wholesalers, last week was sentenced to 21 months in prison and fined USD 60,000. Benjamin Clough, a fish-buyer for the company, was sentenced to 15 months in prison and fined USD 7,500.

Follow up on Profish. They appealed. The conviction stood
:


NEWS March 28, 2012

Three judges for the 4th district appeals court, covering Maryland and Virginia and DC, upheld the conviction of Ocean Pro Industries for an illegal sale of striped bass. Judge Neimeyer, writing for the unanimous three judge opinion, said that Maryland and Virginia had sufficient interest in striped bass so as to be able to impose restitution payments on the company.

The summary of the opinion from Judge Niemeyer:

Oceanpro Industries, Ltd., doing business as "Profish, Ltd." ("Oceanpro"), a seafood wholesaler in the District of Columbia, and two Oceanpro employees, Timothy Lydon (officer and fish buyer) and Benjamin Clough, III (fish buyer), were convicted for purchasing untagged and oversized striped bass, in violation of the Lacey Act, 16 U.S.C. § 3372(a)(2)(A) (prohibiting the purchase in interstate commerce of fish or wild-life sold in violation of state law).

Oceanpro and Clough were also convicted for giving a false statement to federal law enforcement officers during the course of the investigation of the crimes, in violation of 18 U.S.C. § 1001. In addition to imposing fines and prison sentences, the district court ordered the three defendants, jointly and severally, to pay Maryland and Virginia $300,000 in restitution, to be divided equally between the States.

On appeal, Oceanpro and Clough challenge the District of Maryland's venue for the false statement offense because the false statement was made at the offices of Oceanpro in the District of Columbia, not in Maryland. In addition, all of the defendants contend that the order of restitution to the States was improper because the States did not have a sufficient interest in the illegally caught fish so as to make them "victims," as is required for receiving the benefit of a restitution order.

We reject both arguments, concluding that venue for the false statement charge was proper in the District of Maryland and that Maryland and Virginia's interest in striped bass was sufficient to make the States "victims" and therefore to justify an award to them of restitution. Accordingly, we affirm.