Enforcement

August 13, 2013 — BELFAST, Maine — The smelts were just a red herring.

That was the determination of Judge Susan Sparaco Tuesday afternoon in Belfast District Court, after overseeing the criminal trial of two Hancock County fishermen who were charged with fishing for elvers without a license. The two men said they’d been fishing for smelts with their finely-meshed dip nets one night this April in the Goose River in Belfast, but Sparaco didn’t buy it.

“The story just does not stand up in my mind,” she said before finding the men guilty of all charges. “It really defies credibility that they would travel so far to go to a river not known for smelting.”

Ralph E. Fowler, Jr., 41, of Franklin, and Gregory A. Trundy, 49, of Hancock, may be the first in the state to face a criminal trial for charges related to fishing for the tiny, lucrative glass eels. Fishing for elvers without a license became a criminal offense on April 23, the same day that Matthew Talbot and Wesley Dean of the Maine Marine Patrol spotted Fowler and Trundy fishing with headlamps and dip nets in the Belfast river.

Sparaco sentenced the men to pay fines of $4,250 each but did not sentence them to any jail time. The class D crime of elver fishing without a license carries a mandatory $2,000 fine. Additionally, they were charged with fishing for elvers during a closed period, which also carries a mandatory $2,000 fine and elver fishing while standing in the water, for which they were fined $250 each.

Defense attorney Ferdinand Slater of Ellsworth said that his clients will appeal their convictions.

“They were fishing for smelts, not elvers,” he said after the trial concluded. “The evidence, in my opinion, doesn’t support a conviction of beyond reasonable doubt of fishing for elvers.”

Read the full story at the Bangor Daily News

August 12, 2013 — ELLSWORTH, Maine — Three members of the Passamaquoddy Tribe who were facing civil charges of fishing for elvers without a license have had their cases dismissed because they were charged using the wrong paperwork.

Dozens of members of the tribe are facing civil and criminal elver charges as a result of a dispute between the state and the tribe over what kind of authority the tribe has to determine how many elver fishing licenses it issues to its members. Elvers are juvenile American eels, which are in great demand in Asian markets.

This past March, just as the lucrative elver season was set to begin, the state set a limit of 200 licenses for the Passamaquoddys but the tribe instead issued 575. In response, the Maine Department of Marine Resources declared all but 200 of the tribal licenses to be invalid.

Tribal officials have said they have legal authority to manage their fishery and to issue as many tribal elver licenses as they see fit. In March, however, Maine Attorney General Janet Mills issued a legal opinion that indicated Maine’s “tribal members are subject to Maine’s regulatory authority over marine resources to the same extent as other Maine citizens.”

Before April 23, when fishing for elvers without a license became a criminal offense, any first offense for the infraction was considered a civil violation under Maine law.

In Hancock County, tribal member Christopher Neptune was facing a civil charge of fishing elvers without a license but the charge was dismissed on Aug. 1 by Ellsworth District Court Judge Bruce Mallonee, according to court documents.

Read the full story at the Bangor Daily News

August 8, 2013 — Demands for more precise, timelier, and more comprehensive fishery-dependent data continue to rise every year. Agency budget appropriations for data have been flat or declining. Constraining budgets and increasing data demands are together driving the need to evaluate our existing fishery-dependent data collection programs.

NOAA Fisheries initiated a strategic effort to consider the challenges and opportunities associated with the adoption of electronic technology tools to help improve the outcomes of our fishery-dependent data collection programs.  The goal of the effort is to achieve a more cost-effective and sustainable approach, taking advantage of the range of current and emerging technologies where applicable.

Discussion Draft Comments

NOAA Fisheries has prepared a Discussion Draft seeking your input on how Electronic Monitoring and Electronic Reporting (EM and ER) could be used to improve fishery-dependent data collection programs in federally-managed fisheries.

A Discussion Draft is a draft work in progress intended to stimulate reader thought and to extract reader’s reaction on a topic. The purpose is to mine reader’s additional ideas and contributions for completion of a final document.

What is the intended use for this document?

The objective of the Discussion Draft is to promote discussion and thinking within regions and across regions about EM/ER. Our goal for the final document, scheduled for completion this Fall, is to help managers and stakeholders consider the questions of how EM/ER tools can help contribute to a more cost-effective and sustainable collection of fishery dependent data in our federally-managed fisheries.

Are these proposed practices mandatory?

No. The guidance in the document is not prescriptive, mandatory or regulatory in nature. As consideration of EM/ER proceeds in the eight Council regions it is hoped that additional feedback and guidance will be submitted for addition to this document over time as a “living document” to improve the knowledge base and information available to assist decision makers.

Who should read this document?

This document is for anyone interested in evaluating EM/ER tools for possible adoption; those that are interested in refining their programs and learning from other regions’ experiences; and for those who already have experience with implementing EM/ER who are willing to share their knowledge with others. There are lessons learned that can be applied across regions and fisheries and this knowledge could assist others in designing their programs and save others from wasted time, effort and expense.

How to Comment on the Document:

To submit your input, advice or best practices to be included in the document, send an email to: nmfspolicy@noaa.gov. Your comments will be posted for others to view.

The deadline for submitting comments is September 30th, 2013.

Learn more about the document/View comments

Read the release from NOAA

 

August 1, 2013 — Federal prosecutors on Wednesday charged a Long Island fisherman with wire fraud and falsification of federal records in connection with a scheme they say resulted in the illegal harvesting of more than 86,000 pounds of fluke over three years.

During an appearance at U.S. District Court in Central Islip on Wednesday, Charles Wertz Jr. of East Meadow entered a plea of not guilty to the charges, which stem from fishing that federal prosecutors say took place between 2009 and 2011.

Christopher Hale, a trial attorney for the U.S. Department of Justice's Environmental Crimes Section, said prosecutors were negotiating a plea agreement with Wertz and requested an adjournment until later this month. U.S. District Judge Joseph F. Bianco granted the adjournment.

Wertz, 53, was released on his own recognizance. He and his attorney, Ronald Russo of Manhattan, declined to comment.

Feds charged in a 10-page criminal information that Wertz unlawfully harvested fluke valued at more than $199,000 by manipulating a federal program known as research set-asides. The program allows fishermen to buy additional quotas beyond legal limits. Regulators use the proceeds from set-aside auctions to fund fisheries research.

Feds charged that Wertz and his C&C Ocean Fishery Ltd. in Freeport underreported the actual amount of fluke taken during that three-year period by 86,080 pounds, filing 137 falsified fishing reports via the Internet. The document alleges Wertz took advantage of the research set-aside program by harvesting fluke beyond state limits but failing to properly report the catch against his research set-aside allotment.

Read the full story at Newsday 

 

June 13, 2013 — The owners of a commercial fishing vessel have been fined $100,000 for harvesting clams in uncertified waters and then trying to sell the potentially tainted shellfish, the New York State Department of Environmental Conservation said Thursday.

Bay Head Inc. of Bellport, owners of a 70-foot ocean surf clam harvesting boat, agreed to the penalty after an investigation by the state agency.

Read the full story at Newsday

 

May 24, 2013 — A tiny eel that sells for nearly $2,000 a pound has created a stir in New Jersey. An Atlantic County Grand Jury indicted three Maine fishermen in connection with illegally trapping thousands of undersized American Eels in Absecon, Acting Atlantic County Prosecutor Jim McClain announced.

On May 16, Dale Witham, 55, of Medomak, Robert Royce, 63, of West Rockport, and Neal Kennedy, 53, of Thomaston, were indicted for conspiracy, criminal trespassing and the unlawful possession of wildlife for the purpose of sale (N.J.S.A. 23:4-27).

On March 13, the defendants were arrested by members of the New Jersey Department of Environmental Protection – Division of Fish & Wildlife.

The price of the baby American Eel, also known as the glass eel or elver, has fluctuated over the past decade, dropping as low a $25 a pound at one point, according to Boston.com. But following a 2010 European moratorium on exporting eels and a depleted Japanese stock that was aggravated by the 2011 tsunami, prices took off last year to meet Asia’s voracious appetite for eel. Last spring, eels were going for $2,600 a pound.

Read the full story at the New Jersey Newsroom 

 

May 6, 2013 — The strange fugitive hunt that played out Friday in the vast saltmarsh between Seabrook and Hampton Falls has landed two Maine brothers in jail.

But it has also put a spotlight on the illegal practice of harvesting a tiny, slimy fish that can command upward $1,800 per pound.

Known as “elvers,” the targets of the harvest are juvenile American eels — not more than 6 inches long. And at this time of year, they migrate up rivers in large schools.

Different from the more familiar slime eels and eels used as bait by fishermen off Gloucester and Cape Ann, the elvers are thin as spaghetti and translucent — but they are a hot commodity in Japan, where they are raised in fish farms to full size and sold to consumers.

Police say the lure of that handsome price brought Matthew Kinney, 29, of Bremen, Maine, and his brother Justin, 35, of Mount Vernon, Maine, to the Hampton Falls River in an attempt to illegally catch elvers. According to Lt. Michael Eastman of New Hampshire Fish and Game, the two were spotted at around 5 a.m. by a routine Fish and Game patrol.

Read the full story at the Gloucester Daily Times

 

 

May 4, 2013 — Two alleged eel smugglers are facing numerous charges after attempting to slip away from police who were on to their operation, police said.

Matthew Kinney, 29, of Bremen, Maine, and his brother, Justin Kinney, 35, of Mount Vernon, Maine, took a "substantial amount" of baby eels Friday morning in Hampton Falls, according to Fish and Game Lt. Mike Eastman.

Matthew Kinney allegedly assaulted a police officer while he was being arrested and fled into the water near a bridge on Route 1, then the woods, with one handcuff around his wrist and having been pepper-sprayed by police. A state police K-9 unit and helicopter were used to track his path, leading police to the Hampton Falls Inn, where he was arrested.

Justin Kinney also attempted to flee, but was slowed in a marsh and was apprehended, police said in a press conference outside the Seabrook Police Department, where the suspects were booked Friday morning.

Both men face charges of disobeying a conservation officer, taking American eels less than 6 inches, and taking eels without a harvest permit. Matthew Kinney faces three counts of felony-level simple assault and resisting arrest for allegedly assaulting a uniformed police officer; his bail was set at $5,000 cash. Justin Kinney was charged with giving false information to a law enforcement officer; his bail was set at $2,500 cash.

Read the full story at Seacoast Online

 

 

May 1, 2013 — Two former Commerce Department agents who publicly smeared the Office of the Inspector General under the leadership of Inspector General Todd Zinser pleaded guilty on Tuesday to filing false expense claims and committing attendance fraud, according to the Justice Department.

While under investigation, the former agents made allegations against Inspector General Zinser and his senior staff with complaints to the Commerce Secretary, the FBI, the U.S. Attorney’s Office, and the Office for Civil Rights.

Reports produced by Inspector General Zinser and his staff, and their investigations have been instrumental in addresssing problems in fisheries enforcement and management. (See links below.)

Inspector General  Zinser said Tuesday that the former agents waged a smear campaign against his office while they were under investigation.  “In addition to the fraud perpetrated on the U.S. taxpayers, these now former employees also retaliated by carrying out a destructive campaign of disparagement and false allegations against the Office of the Inspector General,” the Inspector General said in a statement. 

Rachel Ondrik, 35, of Frederick, and Kirk Yamatani, 38, of Ashburn, who both worked as special agents for the Commerce Department’s inspector general’s office, sought payments for more than $36,000 apiece in false relocation expenses, according to their plea agreements. 

Read the full story at the Washington Post

 

Additional articles on the Office of Inspector General's investingations into fisheries enforcement:

Summary of the Inspector General's Report on NOAA Fisheries Law Enforcement

Inspector General releases final report on serious problems with NOAA's fisheries enforcement

IG questions summary of NOAA asset fund audit

SAVING SEAFOOD RADIO: Commerce Department Inspector General Todd Zinser and New Bedford Mayor Scott Lang discuss the upcoming IG investigation of rule-making

IG cites NOAA for lack of response

Fed IG auditing NOAA policies

 

Reports issued by Inspector General Todd Zinser on NOAA Fisheries Office of Law Enforcement:

Review of NOAA Fisheries Enforcement Programs and Operations

Final Report – Review of NOAA Fisheries Enforcement Programs and Operations

Review of NOAA Fisheries Enforcement Asset Forfeiture Fund

 

 

PORTLAND, Maine (AP) — April 14, 2013 — Regulators have rescheduled public hearings in Maine on proposed regulations for the American eel fishery.

The Atlantic States Marine Fisheries Commission says there will be a single hearing in Maine, on April 30 at the Augusta Armory. That hearing consolidates three hearings previously scheduled to take place in the coming week in in Ellsworth, Machias and Yarmouth.

The ASMFC is holding hearings from Maine to Georgia that kick off Monday in New Hampshire. The proposed regulations are the result of a stock assessment that concluded the eel population is technically depleted.

Read the full story from the Associated Press at the Boston Globe