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  1. #1
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    Default Jury Convicts District of Columbia Fish Wholesaler & Two Employees

    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.

  2. #2
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    Good too hear it.

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

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    Quote Originally Posted by albiealert View Post
    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.

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    Quote Originally Posted by seamonkey View Post
    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!

  6. #6
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    Default more Maryland poachers

    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

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    Default Washington DC fish firm Profish owner, VP, and buyer sentenced to prison

    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

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    Quote Originally Posted by hookedonbass View Post
    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.

  9. #9
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    1995-2007, that's 12 years of poaching. Lots of illegal fish. Glad they threw the book at them.

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    Quote Originally Posted by hookedonbass View Post
    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.

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    Glad to hear that justice prevailed.

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    Default Re: Poaching records

    1300 poaching violations, scumbags!

    http://www.miamiherald.com/2013/02/1...iolations.html


    • Tuesday, 03.12.13


    Two face 1,300 fishing violations
    BY KEVIN WADLOW

    Boat owner Evelio Lazar Egusquiza Fornes (above) of Miami and mate Jorge Nesto Gellart face more than 1,000 counts of violating fishery law. KeysNet.com
    Photo BY KEVIN WADLOW
    KeysNet.com
    Two commercial fishermen have been charged with a total of more than 1,300 conservation violations after being found inside a no-take zone in the Dry Tortugas, marine law-enforcement officers report.
    Both men were cited last week for harvesting 664 yellowtail snapper — one misdemeanor count for each fish — seized from the commercial boat Candelaria, according to the Florida Fish and Wildlife Conservation Commission.
    Boat owner Evelio Lazar Egusquiza Fornes, 49, of Miami and mate Jorge Nesto Gellart, 49, also were charged with fishing inside the Tortugas Ecological Reserve, a no-fishing zone enacted under the Florida Keys National Marine Sanctuary, and other violations.
    "The two occupants were actively harvesting yellowtail snapper by hook and line, and were very surprised to see us," FWC Lt. Josh Peters wrote in a report.
    Signals from the boat's vessel monitoring system, a radio beacon required aboard commercial boats in some federal waters, showed the boat was stopped inside the no-take area, Peters reported. Officers patrolling the Dry Tortugas responded and located the Candelaria in the northern reserve.
    "A chum bag, lines and baited hooks were in the water," Peters said. "An inspection of the vessel's catch revealed some of the yellowtail were still alive and fighting for life."
    The Tortugas reserves were established to protect the area's marine ecosystem from effects of harvesting marine life, including fish. Commercial boats can navigate through the zones but cannot stop if they have fish aboard.
    The 781 pounds of confiscated yellowtail was sold for $2,558, which will be held in escrow until the case is decided.
    "We see occasional cases from the Tortugas but this is one of the bigger ones," said FWC Officer Bobby Dube, an agency spokesman
    Read more here: http://www.miamiherald.com/2013/02/1...#storylink=cpy

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