Tag Archives: legal


Florida lobster poachers sent to jail; will pay 1.1 million USD to restore marine sanctuary

spiny lobsterA married couple based in Florida Keys have been sentenced to prison for lobster poaching and will have to pay 1.1 million USD to restore the marine sanctuary in which they carried out their illegal activities.

The husband was sentenced to 30 months in prison since he was he was deemed to be the ringleader while his wife got away with 7 months in prison and 7 months of house arrest. They will also forfeit three vessels and three vehicles. In a parallel civil action, the couple was ordered to pay $1.1 million toward the restoration of coral and sea grasses in the Florida Keys National Marine Sanctuary.

The couple was indicted last year on a conspiracy charge together with four other lobster-poachers. The six were arrested on the first day of the lobster season after federal agents caught them using hut-like ”casitas” to illegally harvest spiny lobsters from the sanctuary.

In the government’s probe, dubbed Operation Freezer Burn, agents found that the poaching – which had been carried out for two days – had resulted in 1,187 spiny lobsters being caught and stored in freezers at the couple’s home. According to the investigation, the retail market value for such a catch is $21,662 USD.

The couple and three others pleaded guilty, while one defendant was convicted at trial. The couple is expected to raise the money by selling their Cudjoe Key home and another property on Little Torch Key.

Shark Attack 3: Megalodon

Megalodon

When the writers of the movie “Shark Attack 3: Megalodon” decided they needed a book on sharks to set the stage for their newest b-flick, they didn’t make up a phoney professor and write the necessary lines on their own. Instead, they used a very real book written by a very real Manhattan based marine conservationists – and slipped in fake pages to make it sound as though the writer of this 1991 bestseller believes that C. megalodon is still around. Unsurprisingly, this didn’t sit well with shark expert Richard Ellis who disliked seeing an adulterated version of his book “Great White Shark” turning up on the big screen. Ellis is now suing the film’s distributor Lions Gate Entertainment, asking for a halt to the film’s distribution along with $150,000 in damages.

Who is C. megalodon?
Megalodon was an enormous shark that died out long ago. The oldest known remains of this species are about 18 million years of age and the shark is believed to have gone extinct in the Pleistocene epoch, probably about 1.5 million years ago. It is the largest carnivorous fish known to science. The maximum size of this prehistoric shark is a controversial subject, but most experts agree that it could reach a length of at least 18 metres (59 feet) and weigh at least 70 metric tons.

Kingdom: Animalia
Phylum: Chordata
Subphylum: Vertebrata
Class: Chondrichthyes
Subclass: Elasmobranchii
Order: Lamniformes
Family: Disputed; either Lamnidae or Otodontidae
Genus: Disputed; either Carcharocles or Carcharodon
Species: C. megalodon

Koi crime wave in East Yorks, UK

Twelve thefts of exotic fish and pond equipment have been reported over a three-week period across Hull, East Yorks.

Humberside Police Community Support Officer Sam Gregory said all the evidence suggests the culprits are using the Internet to seek out their targets.

Common Koi type for ponds
A picture of a kohaku Koi carp in a pond Copyright www.jjphoto.dk

Google shows what is in your garden and you can see people’s ponds“, Gregory explained.

One of the properties targeted has an eight foot fence and is set back from the road. The pond is in the corner and can’t be seen. Unless you were standing right next to the wall, you wouldn’t be able to hear the running water.”

In association with one of the thefts, where four small koi carps and some expensive lilies were taken, a neighbour report seeing two young men with a bike with a box on it and a big black net.

Criminals could use maps, phones and getaway cars but no one would argue that these technologies are responsible for the crime itself, that responsibility lies with the perpetrator”, a Google spokesperson said, adding that Google is just one of several providers of detailed satellite images.

Death sentence might be revoked for New York snakehead

Rocky, a snakehead living with its keeper Chris Deverso in New York State, might get a new lease on life.

Snakeheads are Asian predatory fishes capable of breathing oxygen from the air and move over land. They have been banned in the USA since they might wreck havoc with North American ecosystems if introduced to the wild.

catch from snakehead fishing
Channa marulius caught by fisherman.
Copyright www.jjphoto.dk

Due to this regulation, the Department of Environmental Conservation wanted to euthanize the pet snakehead, but Deverso – who has owned the fish since before the ban was put into action in 2004 – refused to give up his pet and has therefore been back and forth to court and fined for owning the illegal fish.

The Department of Environmental Conservation has now offered a compromise; they will grant Deverso an educational permit, provided that he fulfils the educational permit requirements. He must:

Install a lock on the top of the aquarium.

Holds an open house or lecture in his home for groups interested in learning about snakehead fish.

Pay an annual permit fee of $500.

I never went to college; I never made much. I’m just an average guy who stood up for what I believed in and hopefully in time I’ll be granted the permit and it’ll all be worth it,” said Deverso. I’ve taken care of him for 11 years, it’s my family pet; $500 is a lot of money but if it saves his life, it’s worth it.”

Good news for Florida freshwater turtles

Red eared slider floridaFlorida will soon have the strictest conservation law for the harvest of imperilled freshwater turtles in the U.S. The new legislation pertains to all freshwater turtles on Florida’s imperilled species list plus species that look similar to the imperilled species, which include common snapping turtles and cooters.

• Commercial harvesting of these freshwater turtles will be prohibited.
• Individuals will still be allowed to take these freshwater turtles for non-commercial use, but no more than one turtle per day per person.
• Transporting more than one of these turtles per day will be prohibited.
• Collecting freshwater turtle eggs will be prohibited.

Turtle farms that depend on turtles collected from the wild will still be allowed to collect turtles, but only if adhering to a strict set of rules and only in order to establish reproduction in captivity to make the farm self-sustaining.

“I believe this industry should be moved to aquaculture, said Rodney Barreto, chairman of the Florida Fish and Wildlife Conservation Commission (FWC). “That’s the logical place for it to be.”

The closed season for the take of softshell turtles, May 1 to July 31, will not change under the new rule.

U.S. citizen heavily fined for injuring Belize reef

Two years after destroying part of the Belize barrier reef, an U.S. skipper has been ordered by a Belize court to pay BZ$3.4 million, roughly equivalent of US$1.7 million, for the damage.

On May 2, 2007, the skipper was trying to reach harbour in his double hull catamaran when it ran aground in the Lighthouse Reef Atoll, causing damage to a piece of the reef measuring 125 feet by 75 feet.

Belizean magistrate Ed Usher ruled that the skipper did not exercise due diligence in navigating the atoll. Since the catamaran was so large, 37 feet x 21 feet, the person in charge should have hired a pilot and sufficient crew to navigate the reef safely. By neglecting to do so, the skipper recklessly caused a disaster that resulted in a loss to the environment.

The skipper must pay BZ$50,000 (US$25,000) within two months, but have been given a five year respite for the remainder of the fine. His catamaran, estimated to be worth around US$300,000, will however be held by Belizean authorities until he comes up with the money.

11 suspected abalone poachers arrested in California may be facing $40,000 fine

Eleven suspected abalone poachers have been arrested in northern California, officials said Friday.

Since the tide was unusually low in Mendocino County, California Department of Fish & Game wardens were aware of the increased risk of poaching activity and kept their eyes on the coast line, including the coral reefs that had become exposed as the water disappeared.

At about 6.15 a.m. on Wednesday wardens noticed suspicious divers exiting waters near Caspar, south of Fort Bragg. Fish & Game Lt. Kathy Ponting, who runs the special operations unit, said her team drove to a spot near the suspicious divers and began surveillance.

Unaware of the wardens’ presence, the divers collected abalone from the reef and placed them in tall grass near the beach.

Then a large van pulled up near the dive area and we watched them load up a bunch of abalone in plastic bags into the van,” Ponting said. The divers went back to the sea, while wardens decided to follow the van. After pulling it over, they discovered 50 abalones inside.

Abalones can sell for up to $100 dollars, but collection is strictly regulated since these molluscs need many years to develop. It can take 12 years for a specimen to reach the legal size. With a California fishing license and an abalone stamp card you are allowed to fetch 24 specimens per year, but no more than three per day. It is also illegal to collect them for sale, and anyone caught with a dozen or more will be considered possessing them with the intention of selling them.

red abalone
Red Abalone. The only type that can be harvested.

When the van did not return to the divers, the alleged poachers loaded a pickup truck. The wardens followed the car to a nearby hotel and found coolers filled with abalone inside the divers’ hotel room. Most of the abalones were smaller than the legal size.

The wardens found a total of 166 abalones with the group, Ponting said. The suspects were booked on charges of felony conspiracy to harvest abalone for commercial purposes, which carries a fine of up to $40,000, said Game Warden Patrick Foy. Two vehicles also were

seized along with $6,000 in cash.

The black market for abalone is large and poaching is widespread, despite official efforts to eradicate the practise.

We always only catch the tip of the iceberg, there is so much

abalone poaching going on because of the black market,” Ponting

explained. “We can pick almost any group and watch them poaching

abalone. It’s really unsettling.”

What is an abalone?

The abalone is a medium sized to very large edible sea snail prized for its exquisite flavour. There is roughly 100 known species world wide, all of them being gastropod molluscs belonging to the genus Haliotis. You may stumble upon a species marketed as “Chilean abalone” in the food trade, but this is not a real abalone; its name is Concholepas concholepas and it belongs to an entirely different family.

Since abalones are found in so many different parts of the world, they are known under many different names, such as abulón in Spanish, ormer in Jersey and Guernsey, pāua in

New Zealand, muttonfish or muttonshells in Australia, perlemoen in South Africa, and Venus’s-ears, ear-shells, and sea-ears in British and American English.

Abalones reach sexual maturity when they are comparatively small, but they won’t produce any significant amount of offspring until they grow bigger. A small abalone may release around 10,000 eggs at a time, which may sound like a big number but is dwarfed compared to the 11 million eggs released at a time by really large abalones. As a result of this, the removal of abalones from the sea before they have a chance to grow large is highly detrimental to the survival of the species.

Abalone has been farmed since the 1950s in Japan and China, and during the 1990s the practise spread to other parts of the world in response to dwindling wild populations. Today, it is possible to purchase farmed abalone and refrain from removing specimens from the wild. China and Japan are still major producers of abalone, but has been joined by Korea, Thailand, Australia, New Zealand, South Africa, Namibia, Iceland, Ireland, Canada, USA, Mexico, and Chile.

Catching abalone in California

As mentioned above, it is legal to fetch a certain amount of abalone per day and year in Californian waters if you have a California fishing license and an abalone stamp card. The abalone stamp card has 24 tags and captured abalones must be tagged immediately. The legal size is (a minimum of) seven inches (178 mm) measured across the shell. A person may be in possession of no more than three abalones at any given time. Other regulations to keep in mind are listed below. Always check with the California Department of Fish & Game before you go abalone hunting in California to find out if there have been any regulatory changes.

· Scuba diving for abalone is always prohibited; you may only pick them from the shore or use breath-hold techniques.

· Abalone may only be taken from April to November, not including July.

· You may only take Red abalones; no Black, White, Pink, or Flat abalones.

· You may not take any abalones south of the mouth of the San Francisco Bay.

· You may not sell any part of the abalone, including the shell.

· Only abalones still attached to the shell can be legally transported.

Head of the International Whaling Commission steps down; leaving the question of “scientific whaling” unresolved

IWCJapan needed to cede more ground, says outgoing head of the International Whaling Commission (IWC) William Hogarth*, voicing regrets over his failure to design a compromise regarding Japanese “lethal research” on whales.

After a meeting next month in Portugal, Hogarth will step down as both US delegate and head of the world whaling body. While announcing his disappointment in leaving the chairmanship without having resolved the “scientific whaling” issue, Hogarth also said that his efforts brought civility to the IWC, where annual meetings had long been showdowns between pro- and anti-whaling nations.

Norway and Iceland are the only nations that hunt whales in open defiance of the 1986 IWC moratorium; Japan is instead using a loophole in the moratorium that allows for lethal research.

In a series of closed-door negotiations with Japan and other nations lead by Hogarth, Japan allegedly offered to reduce but not end its annual Antarctic whale hunts; an offer which infuriated the neighbouring countries Australia and New Zealand.

Japan accuses Western nations of cultural insensitivity and is currently pushing for the IWC to accept whaling of the coast of Japan, since whaling is a time-honoured Japanese tradition.

One of the highlights of Hogarth’s time as head of the International Whaling Commission was a compromise brokered by him in 2007, in which Japan agreed to suspend plans to expand its hunt to include Humpback whales – a species that haven’t been hunted by Japanese whalers for several decades.

* William Hogarth is a biologist and dean of the University of South Florida’s College of Marine Science.

Television presenter on trial for pouring shampoo into aquarium

denmarkTo demonstrate the level of toxic material in a brand of anti-dandruff shampoo, a Danish television presenter poured diluted shampoo into a fish tank on a 2004 episode of the consumer affairs show she fronted.

Lisbeth Kloester, a television presenter on the Danish public channel DV1, is now on trial for causing unnecessary suffering to animals.

After being subjected to the shampoo, all but one of 12 guppy fish housed in the aquarium died within four days and a veterinary practitioner watching the show decided to press charges. Under Danish law, causing unnecessary suffering to animals is an offence and Kloester could face a fine if convicted.

Kloester has pleaded not guilty and her lawyer Tuge Tried said he expected his client to be acquitted at the trial on Tuesday.

The allegations are this experiment caused the fish’s fear and suffering…but expert witnesses told the court on May 12 that this was not the case,” he said. “Fish are killed by suffocation in industrial fisheries and we throw live lobsters into boiling water, but we don’t press charges against fisherman or restaurant owners.”