Tab P, No. 1
NOAA/NMFS
SOUTHEAST DIVISION
OFFICE OF LAW ENFORCEMENT
QUARTERLY REPORT
GULF OF MEXICO
SECOND QUARTER FY 2006
JANUARY 1, 2006 - MARCH 31, 2006
To report fisheries violations,
call our National Hotline at 1-800-853-1964, or
visit our web site at www.nmfs.noaa.gov/ole/Southeast.htm
SOUTHEAST ENFORCEMENT DIVISION
Quarterly Report
JANUARY 1, 2006 - MARCH 31, 2006
Contents
Significant Actions .........................................................................................................3
Number of Cases Opened By Investigation Type Summary .........................................7
Complaint Action Summary ...........................................................................................8
Press Releases
.......................................................................................................9
Joint Enforcement Agreements Activity Summary
2
.................................................23
SIGNIFICANT ACTIONS
GULF OF MEXICO
ENFORCEMENT OPERATIONS
INTERNATIONAL INVESTIGATIONS
NOAA Special Agents in District III are working in conjunction with the Department of
Homeland Security and continue efforts along the US and Mexican border as well as through out
the Gulf of Mexico to interdict illegal shipments of smuggled seafood product.
NOAA Special Agents in District III continue to assist Department of Homeland Security (US
Customs) personnel at area Ports of Entry. The NOAA Special Agents assist and advise on
issues concerning NOAA related violations and importations.
NOAA Supervisory Special Agents in District III continue to assist and advise USCG personnel
on issues related to the incursion into US waters by foreign fishing vessels.
NOAA Special Agents in District III this quarter opened several cases involving Lacey Act
violations. US documented and Texas registered vessels have been observed and apprehended
after returning from illegal commercial charter and private recreational fishing trips into Mexican
waters.
FISH TRAP ENFORCEMENT
None to report from District III.
SHRIMP FISHING ENFORCEMENT
NOAA District III Special Agents of the Protected Resources Enforcement Team (PRET)
continue enforcement efforts by on-going operations along the Texas/Louisiana/Mississippi
coasts. At sea boardings are periodically conducted along with dockside inspections and visits to
area net shops. Those efforts are ongoing to insure compliance with Turtle Excluder Devise
(TEDS) regulations.
During this quarter, In District III several TED related cases were completed and submitted to
NOAA General Counsel for prosecution. Most involving the use of sewn TEDS. Those
investigations are expected to result in substantial fines and permit sanctions against the violators.
Some of the additional cases have NOVAs pending. This quarter as in the past found NOAA
Special Agents working closely with USCG Cutter crews as many of the violators were
apprehended far off shore. NOAA Special Agents often accompanied the USCG crews and
conducted the at sea boardings on fisheries enforcement missions. On still others the vessel were
encountered after issuance of “Be on the Look Out” orders that were disseminated by NOAA/OLE
to the USCG and state enforcement personnel.
3
NOAA Special Agents in District III continue in their efforts to educate the shrimp industry and
fishermen as to proper installation and maintenance methods as well as how to obtain assistance
from NOAA on TEDS related questions. Out reach is a high priority and Special Agents and
NOAA Gear Specialist emphasize the need to find out before your fish.
A shrimp boat captain was sentedcend by a federqal judge to one and one half years in federal
prison and three years supervised release for an incident steming from the use of illegal TEDS on
his vessel. The captain attempted to destroy some of the evidence which nearly resulted in injury
to a NOAA OLE Special Agent and a USCG boarding team member. In addition the captain was
barred by the court from involvement in the shrimp fishing industry for the period of his
sentence.
PERMIT AND REPORTING ENFORCEMENT
NOAA Special Agents in District III are conducting numerous investigations after receiving
almost continues reports concerning permit and reporting violations. These quarters resulted in
several cases being initiated and are on-going.
Inspection and review of seafood dealers and their reporting activity continue.
CHARTER / HEADBOAT ENFORCEMENT
NOAA Special Agents in District III have stepped up enforcement efforts after continued
complaints concerning charter vessel companies operating without federal permits.
For additional see: PERMIT AND REPORTING ENFORCEMENT
For additional see: INTERNATIONAL INVESTIGATIONS.
HIGHLY MIGRATORY SPECIES ENFORCEMENT
NOAA Special Agents in District III continue to field numerous complaints and are working with
USCG Cutter crews for off shore patrols concerning HMS vessels and the use of live bait.
Several vessels were apprehended this quarter and penalties issued through NOAA General
Counsel.
NOAA Special Agents in District III are engaged in efforts to monitor, document, and prosecute
violations of VMS issues on HMS vessels in the Gulf of Mexico. Several VMS related cases are
on-going and others have been submitted to NOAA General Counsel for prosecution.
RECREATIONAL FISHERIES ENFORCEMENT
NOAA Special Agents in District III are assisting Texas, Louisiana, and Mississippi
Conservation Enforcement Officers on numerous recreational fishing issues.
NOAA Special Agents in district III continue to work cases related to the sale of recreationally
4
caught fish to restaurants.
For additional see: CHARTER/HEADBOAT ENFORCEMENT
RED SNAPPER ENFORCEMENT
NOAA Special Agents In District III are working with state conservation enforcement personnel
on reports of recreational and commercial vessels engaged in the illegal take of red snapper.
NOAA Special Agents in District III continue efforts in a case resulting in the arrests, indictment,
and guilty pleas of two subjects on a red snapper federal felony related investigation.
Two subjects are awaiting sentencing on the smuggling of red snapper by using false
compartments.
A vessel seizure is also pending on red snapper related case.
The use of false compartments to conceal thousands of pounds of the fish (primarily red snapper)
and smuggle it from federal waters into the states of Texas, Louisiana, and Mississippi continues
to be a major topic of concern for NOAA/OLE. Efforts continue to combat this activity.
For additional see: CHARTER / HEADBOAT ENFORCEMENT
VMS ENFORCEMENT
NOAA Special Agents in District III are working with southeast regional VMS personnel on
several vessels expected of tampering with VMS units while engaged in illegal fishing activity.
Several cases were made this quarter on VMS issues.
A decision in federal court is pending on one VMS related case.
For additional see: HIGHLY MIGRATORY SPECIES ENFORCEMENT
OBSERVER ENFORCEMENT
None to report for District III.
ENDANGERED SPECIES
NOAA District III Supervisory Special Agents continue to work with managers and other
members of the sea turtle stranding network to closely monitor sea turtle stranding along the
Texas coast.
For addition see: INTERNATIONAL INVESTIGATIONS.
For additional see: SHRIMP FISHING ENFORCEMENT.
5
HABITAT DEGRADATION
None to report from District III.
MARINE MAMMEL PROTECTION
NOAA Special Agents in District III are conducting an investigation into the striking of a whale
by an Italian freighter near Corpus Christi, Texas. Case continues.
NOAA Special Agents in District III are awaiting the issuance of a penalty by NOAA General
Counsel after the completion of a case involving the shooting of dolphins by a commercial
fishing vessel captain.
HOMELAND SECURITY
Special Agents of District III in Stennis, Mississippi, Harlingen and Galveston, Texas, are
members of the Border Enforcement Initiative and Anti Terrorism Advisory Committee.
Meetings and training are held in New Orleans, Louisiana as well as Brownsville, Houston, and
Corpus Christi, Texas. These multi-agencies: federal, state, and local committees are set up to
combat border crime and terrorism activity along the US Mexican border and along the Gulf
coast.
In addition NOAA Special Agents of District III stay fully involved in port security issues in New
Orleans, Louisiana and Brownsville, Houston, and Corpus Christi, Texas. NOAA patrol vessels
are on stand by and equipped in case of emergency or request by FBI, USCG, or other federal,
state, or local authority.
NOAA Texas Special Agents in district III are and will continue to work with other law
enforcement agencies on issues involving fishing vessels and narcotics smuggling and money
laundering activity.
A NOAA District III Special Agent has been assigned as South East Regional Homeland Security
Officer. This in efforts to better coordinate Homeland Security issues with NOAA OLE Head
Quarters and the Department of Homeland Security.
6
NUMBER OF CASES OPENED BY INVESTIGATION TYPE
FY 2005 and FY 2006 (SECOND Quarter)
FY 2005
Investigation Type
FY 2006
2nd
Quarter
Total
For Year
2nd
Quarter
Year
To Date
0
0
0
ESA
0
23
98
7
18
Lacey Act
7
24
2
12
Magnuson Act
45
227
38
83
MMPA
3
6
4
6
MS
98
510
106
142
1
1
2
2
177
866
159
263
AT
Other Federal or
State Regulations
TOTAL
Fiscal Year 2006 by Quarter
Cases Opened By Investigation Types
600
550
500
450
400
350
300
250
200
150
100
50
0
1st Qtr 2nd 3rd Qtr4th Qtr Total
Qtr
FM
MS
ES
LA
MM
7
AT
OTHERS
COMPLAINT ACTION
JANUARY 1, 2006 - MARCH 31, 2006 (SECOND QUARTER)
COMPLAINT ACTIONS BY TYPE
Investigation
Type
Opened
Pending
Transferred
Lack of Enf.
Resources
Unfounded
Intel Only
Endangered
Species (ES)
2
0
0
0
0
2
Lacey Act (LA)
1
0
0
0
0
1
Magnuson Act
(FM)
8
1
0
1
2
4
Marine Mammal
(MM)
1
0
0
0
0
1
Marine
Sanctuary (MS)
1
1
0
0
0
0
Other
Regulations
2
0
1
0
0
1
TOTAL
15
2
1
1
2
9
Number of Complaints Assigned CCN=s
15
Number of Complaints Upgraded
0
Unfounded Complaints Assigned CCN=s
2
Number of Hotline Complaints
0
Complaint Actions By Type
100
90
80
70
60
50
40
30
20
10
0
1st Qtr
FM
2nd Qtr
ES
3rd Qtr
LA
MM
4th Qtr
MS
OT
Totals
Department of Commerce
National Oceanic and Atmospheric Administration
NOAA Fisheries Service
- Office for Law Enforcement
FOR IMMEDIATE RELEASE
January 12, 2006
CONTACT:
Mark Oswell
(301) 427-2300
NOAA ISSUES ADDITIONAL $10,000 PENALTY TO TEXAS CHARTER OPERATION
FOR ILLEGAL FISHING
National Oceanic and Atmospheric Administration’s (NOAA) Office of General Counsel for
Enforcement and Litigation issued the owner/operator of the fishing vessel (FV) Murphy’s Law a
$10,000 Notice of Violation and Assessment (NOVA) and a 15 day Notice of Permit Sanction
(NOPS).
On January 27, 2005, NOAA Fisheries Service Office for Law Enforcement (OLE) Special
Agents in cooperation with the United States Coast Guard Cutter (USCGC) Steelhead and USCG
Corpus Christi Aviation Wing performed an enforcement operation in the Gulf of Mexico off the
shore of South Padre Island, Texas. The FV Murphy’s Law was spotted by USCG aircraft
actively fishing during closed season in the Federal Exclusive Economic Zone (EEZ). The FV
Murphy’s Law was subsequently boarded by OLE special agents from the USCG Cutter
Steelhead. During the boarding it was determined that the captain of the “headboat,” Stephen
Murphy, had allowed all twenty-two patrons aboard to illegally catch and retain red snapper in
and from federal waters during the closed red snapper season.
The season for recreational fishing of red snapper in the EEZ is from April 21 to November 1.
The EEZ defines federal waters and spans from 9 miles off the coast of Texas to 200 miles.
The South Padre Island-based charter operation is also pending an $80,000 NOVA for illegal
sales of red snapper. The owner/operator has 30 days from the time of receiving the NOVA and
NOPS to request a hearing in front of an Administrative Law Judge to contest the charges,
assessments and sanctions.
To report illegal fishing activities contact the NOAA Fisheries Service’s Enforcement Hot Line
at 800-853-1964.
NOAA Fisheries’ primary mission is to protect and conserve our nation’s living marine resources
- this includes most species of marine mammals (whales, dolphins, porpoises, seals and sea
9
lions). Additional information about NOAA Fisheries Service’s marine mammal viewing
guidelines and regulations can be found at: www.nmfs.noaa.gov/pr/education/viewing.htm
NOAA, an agency of the U.S. Department of Commerce, is dedicated to enhancing economic
security and national safety through the prediction and research of weather and climate-related
events and providing environmental stewardship of the nation's coastal and marine resources.
10
Department of Commerce
National Oceanic and Atmospheric Administration
NOAA Fisheries Service
- Office for Law Enforcement
FOR IMMEDIATE RELEASE
January 12, 2006
CONTACT:
Mark Oswell
(301) 427-2300
NOAA ISSUES $80,000 PENALTY TO CHARTER OPERATION FOR THE SALE OF
RED SNAPPER
National Oceanic and Atmospheric Administration’s (NOAA) Office of General Counsel for
Enforcement and Litigation issued owners and operators of the FV Murphy’s Law, Stephen
Murphy and Matt Murphy, an $80,000 Notice of Violation and Assessment (NOVA) and a 300
day Notice of Permit Sanction (NOPS).
Through an extensive investigation by NOAA Fisheries Service Office for Law Enforcement
special agents, it is alleged that Stephen D. Murphy of Captain Murphy’s Charters landed and
retained undersize red snapper and sold them to an area restaurant. The red snapper were sold
from his headboat operation without commercial permits, to Louie's Backyard Restaurant of
South Padre Island, Texas. The South Padre Island-based charter operation is alleged to have
conducted at least 134 illegal sales to the restaurant dating back to 2000.
“Numerous complaints had been made by the public about this charter vessel to our Harlingen
field office,” said Special Agent Ken Blackburn, OLE – Southeast Division. “These complaints
were instrumental in developing this case.”
The owner/operator has 30 days from the time of receiving both the NOVA and the NOPS to
request a hearing in front of an Administrative Law Judge to contest the charges, assessments and
sanctions.
To report illegal fishing activities contact the NOAA Fisheries Service’s Enforcement Hot Line
at 800-853-1964.
NOAA Fisheries’ primary mission is to protect and conserve our nation’s living marine resources
- this includes most species of marine mammals (whales, dolphins, porpoises, seals and sea
lions). Additional information about NOAA Fisheries Service’s marine mammal viewing
guidelines and regulations can be found at: www.nmfs.noaa.gov/pr/education/viewing.htm
11
NOAA, an agency of the U.S. Department of Commerce, is dedicated to enhancing economic
security and national safety through the prediction and research of weather and climate-related
events and providing environmental stewardship of the nation's coastal and marine resources.
12
Department of Homeland Security
United States Coast Guard
- District 8
FOR IMMEDIATE RELEASE
January 13, 2006
CONTACT:
PA2 Andrew Kendrick
(832) 293-1304
6,330 POUNDS OF SHRIMP SEIZED
HOUSTON - The Coast Guard and National Oceanic and Atmospheric Administration (NOAA)
worked together to terminate the voyage and seize the catch of a commercial fishing boat
Thursday evening for violating federal law in the Gulf of Mexico.
During a routine patrol, a law enforcement team from the Coast Guard Cutter Heron boarded the
fishing boat Ike and Zack approximately 70 miles south of Galveston, Texas, in the Exclusive
Economic Zone (EEZ). While checking for compliance with all federal and local regulations, it
was discovered that the fishing vessel (FV) Ike and Zack was shrimp fishing with two of their
four Turtle Excluder Devices (TEDs), and one Bycatch Reduction Device (BYRD) sewn shut.
The Heron's crew discovered approximately 6,330 pounds of shrimp on board worth $17,126.
The FV Ike and Zack was escorted back to Galveston. The shrimp was sold today at market value
with the proceeds deposited into an escrow fund until the account is adjudicated.
The Coast Guard and NOAA Fisheries Service, Office for Law Enforcement will be investigating
the case.
The Heron is an 87-foot Coastal Patrol Boat home ported in Sabine Pass, Texas.
13
Department of Justice
United State Attorney
- Southern District of Florida
FOR IMMEDIATE RELEASE
January 25, 2006
CONTACT:
Yovanny Lopez
(305) 961-9316
SEAFOOD DISTRIBUTOR CHARGED WITH ILLEGAL
IMPORTATION OF UNDERSIZED LOBSTER
R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Hal
Robbins, Special Agent-in-Charge, NOAA Fisheries Service Office for Law Enforcement Southeast Region, announced today that a federal Grand Jury sitting in Miami yesterday has
charged defendants Antonio Martinez-Malo, 51, Liliana Martinez-Malo, 46, both of Miami, and
Anchor Seafood, Inc., currently located at 10265 SW 70th Street, Miami, Florida, in a two-count
felony indictment.
Anchor Seafood, Inc. is a business operated by Antonio Martinez-Malo, the President and sole
shareholder, and his wife, Liliana Martinez-Malo. The corporation and the two individual
defendants have been charged with making forty (40) illegal shipments of undersized spiny
lobster tails from January, 2000 through January, 2001. The Indictment alleges that during this
time, the defendants imported from Jamaica, sold, and transported over 16,000 pounds of 2, 3,
and 4 ounce spiny lobster tails valued at $229,000, which is a violation of both Jamaican and
Florida law, both of which have strict size and weight limits for spiny lobster.
According to the allegations contained in the Indictment, the Martinez-Malos violated the false
labeling, records, and identification provisions of the Lacey Act, a fish and wildlife protection
law, by concealing the actual size of the lobster tails through the coding system they used on the
exterior of boxes and on their invoices. The Indictment charges the defendants with conspiring to
violate the Lacey Act and the anti-smuggling laws, and with one count of smuggling. If convicted
on these charges, the individual defendants each face five (5) years of imprisonment and possible
fines of $250,000 on each of the charged counts. The corporation faces possible fines of
$500,000 per count if convicted. Additionally, if found guilty, the defendants could be required
to forfeit the value of the illegal shipments.
Mr. Acosta commended the investigative efforts of the NOAA Fisheries Service Office for Law
Enforcement. The prosecution is being handled by Assistant U.S. Attorney Diane Patrick of the
Economic and Environmental Crimes Section.
A copy of this press release may be found on the website of the United States Attorney's Office
for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and
14
information may be found on the website of the District Court for the Southern District of Florida
at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
15
Department of Commerce
National Oceanic and Atmospheric Administration
NOAA Fisheries Service
- Office for Law Enforcement
FOR IMMEDIATE RELEASE
February 3, 2006
CONTACT:
Contact: Mark Oswell / James Pollock
(301) 427-2300
HARRASSMENT OF ELEPHANT SEALS RESULTS IN CLOSURE OF TWO
CALIFORNIA BEACHES
NOAA Fisheries Service Office for Law Enforcement (OLE) and California Department of Parks
and Recreation closed Arroyo Laguna State Beach and the Piedras Blancas Beach to the public
due to several recent claims of elephant seal harassment.
Officials dispatched to Arroyo Laguna State Beach discovered a large hole cut in the protective
fencing, allowing spectators access to an elephant seal haul out site—a location where seals exit
the water to rest, avoid predators, give birth, care for their pups, or molt. Officers did not witness
signs of harassment but closed both haul out sites to the public as a precaution.
Arroyo Laguna State Beach and Piedras Blancas beaches are recognized breeding grounds to a
population of up to 14,000 elephant seals annually. The elephant seals pose little threat to
respectful observers; however, when visitors harass or approach haul out sites the seals can
become hostile and combative.
“We recommend that tourists stay back at least 50 feet and view the seals from the designated
vista point located nearby,” said OLE - Southwest Division Enforcement officer Robert Yerena.
“NOAA Fisheries Service Seal and Sea Lion Watching Guidelines recommend limiting viewing
time to 30 minutes or less, avoid making loud noises or abrupt movements, and keeping pets on a
leash.”
Elephant seals, and all other marine mammal species, are protected under the Marine Mammal
Protection Act of 1972 (MMPA) making illegal the harassment and feeding of mammals in the
wild. Violations of the MMPA can result in civil penalties of up to $11,000 and criminal fines of
up to $20,000 and incarceration.
If people find a seal or other marine mammal entangled, struck by a vehicle or boat, or otherwise
visibly injured, NOAA Fisheries Service requests that they contact the Office for Law
Enforcement hotline at 1-800-853-1964.
NOAA Fisheries Service is dedicated to protecting and preserving our nation’s living marine
resources and their habitats through scientific research, management and enforcement. NOAA
Fisheries Service provides effective stewardship of these resources for the benefit of the nation,
16
supporting coastal communities that depend upon them, and helping to provide safe and healthy
seafood to consumers and recreational opportunities for the American public.
The National Oceanic and Atmospheric Administration, an agency of the U.S. Commerce
Department, is dedicated to enhancing economic security and national safety through the
prediction and research of weather and climate-related events and providing environmental
stewardship of our nation’s coastal and marine resources. Through the emerging Global Earth
Observation System of Systems (GEOSS), NOAA is working with its federal partners and nearly
60 countries to develop a global monitoring network that is as integrated as the planet it
observes.
17
Department of Justice
Environment and Natural Resources Division
Washington, DC
FOR IMMEDIATE RELEASE
February 10, 2006
CONTACT:
DOJ Public Affairs
(202) 514-2007
Commercial Fishing Vessel's Crewmember Pleads Guilty to Concealing Thousands of
Pounds of Red Snapper Smuggled into the United States
WASHINGTON, D.C. – Tam Le, crewmember of the Galveston, Texas-based commercial
fishing vessel Thanh Tam, pleaded guilty in federal court to concealing red snapper which was
illegally imported into the United States, the Justice Department announced today. Le and other
crewmembers caught the fish in violation of the Magnuson–Stevens Fishery Conservation and
Management Act (Magnuson–Stevens Act). Both Le and the Thanh Tam’s captain were indicted
by a grand jury in Houston, Texas on November 23, 2005 for offenses surrounding the illegal
importation of red snapper in 2004 and 2005. The concealment charge carries a maximum
penalty of five years imprisonment and a fine of $250,000.
On March 2, 2005, the Thanh Tam was boarded by special agents of the National Oceanic &
Atmospheric Administration (NOAA) Fisheries Service Office for Law Enforcement as it was
returning from a commercial fishing trip which began on February 22, 2005, before the red
snapper commercial fishing season had officially opened. A hidden compartment that contained
5,641 pounds of red snapper was discovered beneath the vessel’s deck during a search of the
vessel. More than 2,700 individual fish within the concealed compartment were less than the
legal minimum size limit of 15 inches.
“ This case involved egregious violations of catch limits for red snapper, which were enacted as
part of a comprehensive system designed to protect our nation’s fish populations from illegal
over-fishing,” said David M. Uhlmann, Chief of Environmental Crimes for the Justice
Department’s Environmental and Natural Resources Division. “Over-fishing threatens the
survival of fish populations across the globe, and the Justice Department is committed to
vigorous prosecution of criminal fisheries violations like those that committed by the defendants
in this case.”
Historically, the red snapper fishery has been severely over-fished due to its marketability. The
Magnuson–Stevens Act regulates commercial fishing activities in the waters extending from the
seaward boundary of each coastal state to 200 miles out to sea. In order to ensure red snapper
stocks for the future, the Magnuson–Stevens Act’s fishery management plan for the Gulf of
Mexico requires that legally-permitted commercial fishing vessels only harvest red snapper
during an open season, maintain a maximum single trip limitation of 2,000 pounds and take only
red snapper having a minimum length measurement of 15 inches.
18
Le’s sentencing is scheduled for May 19, 2006.
This investigation was conducted by special agents from the NOAA Fisheries Service Office for
Law Enforcement with assistance provided by game wardens with the Texas Parks and Wildlife
Department. The case is being prosecuted by Trial Attorney Georgiann Cerese of the Department
of Justice’s Environment and Natural Resources Division, Environmental Crimes Section.
19
Department of Justice
United State Attorney
- Southern District of Texas
FOR IMMEDIATE RELEASE
March 09, 2006
CONTACT: Nancy G. Herrera - 713-567-9301
John Yembrick - 713-567-9388
SHRIMP BOAT CAPTAIN SENTENCED TO FEDERAL PRISON
(CORPUS CHRISTI, TX) The captain of a commercial shrimping vessel, Raul De La Garza, 62,
a Mexican national, was sentenced to a prison term for his attempt to conceal fishing violations
from federal agents. United States Attorney Chuck Rosenberg reported that Chief United States
District Judge Hayden Head sentenced De La Garza to 16 months in federal prison, followed by
three years of supervised release, and a fine of $10,000. The defendant was also prohibited from
working as a captain of - or in any other capacity on - a commercial
shrimping or fishing vessel during the term of his supervised release.
On August 19, 2005, the crew of the United States Coast Guard Cutter Steelhead, working with
Special Agents of the National Oceanic and Atmospheric Administration (NOAA), encountered
the fishing vessel “La Panchita” near the Flower Gardens National Marine Sanctuary,
approximately 90 nautical miles south of New Orleans. Federal agents boarded the La Panchita
as it was engaged in commercial shrimping. The Captain of the vessel, Raul De LA
Garza, destroyed evidence of a crime by intentionally releasing the two port side nets with their
associated equipment and allowing them to fall to the ocean floor. The nets were determined to
have their federally required “turtle excluder devices” (TEDs) sewn closed in violation of the
Endangered Species Act. The captain was prevented from releasing the starboard side nets,
which were also discovered to have disabled TEDs, devices that provide an “escape hatch”
allowing sea turtles, protected by the Endangered Species Act, to escape from shrimp nets.
Following the discovery of these and other violations, the La Panchita’s voyage was terminated
and the fish and shrimp in the hold were seized by federal authorities.
Raul De La Garza pleaded guilty on October 26, 2005, to one count of covering up a material
fact by trick, scheme, or device, specifically referring to the release and attempted release of
shrimp nets containing disabled TEDs.
This case was investigated by the National Oceanic and Atmospheric Administration with the
assistance of the United States Coast Guard, and was prosecuted by Assistant United States
Attorney Robert D. Thorpe, Jr. AUSA – Southern District of Texas: www.usdoj.gov/usao/txs
20
Department of Justice
United State Attorney
- Southern District of Florida
FOR IMMEDIATE RELEASE
March 17, 2006
CONTACT:
Yovanny Lopez
(305) 961-9316
MIAMI COMPANY AND OFFICERS PLEAD GUILTY TO CONSPIRACY TO
ILLEGALLY IMPORT UNDERSIZED LOBSTER INTO UNITED STATES
R. Alexander Acosta, United States Attorney for the Southern District of Florida and Hal
Robbins, Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, Southern
Region, announced that on March 16, 2006 defendants, Anchor Seafood, Inc., a Miami based
seafood company, and Antonio Martinez-Malo, 56, and Liliana Martinez-Malo, 46, both of
Miami, pled guilty in Miami federal District Court in connection with a conspiracy that imported
more than 16,500 pounds of undersized spiny lobster from Jamaica to the United States. All three
defendants were charged with conspiring over a two year period to enter frozen spiny lobster tails
valued in excess of $229,000 into the United States
contrary to the laws of Jamaica and the State of Florida, which set a legal minimum size standard
that equates to a tail weight of 5 ounces, all in violation of the federal Lacey Act, Title 16, United
States Code, Sections 3372 and 3373, prohibiting such imports, and in violation of the antismuggling provisions of Title 18, United States Code, Section 545.
Anchor faces possible criminal fines of the greater of $500,000 or twice the gain or loss from its
relevant conduct on its two separate counts of conviction, while the two Martinez-Malos may
receive up to a five-year term of imprisonment and a possible fine of up to the greater of
$250,000 or twice the gain or loss from their relevant conduct under federal sentencing
guidelines. United States District Court Judge Jose E. Martinez accepted the guilty pleas and
scheduled sentencing for May 30, 2006, at 1:00 p.m.
According to the Indictment and a detailed statement of facts presented in Court, between
January 2000 and January 2001, the defendants were involved in more than 40 shipments of
frozen lobster tail, harvested in Jamaica and destined for a distribution company in Norfolk,
Virginia. Since 1976 Jamaica has placed limits on the size of spiny lobster caught in its waters or
brought ashore there, in order to protect that segment of its domestic fisheries from over-fishing
and collapse of the species by loss of the reproductive stock.
Spiny lobsters, which occur in the waters ranging from Brazil to Florida, are a significant
economic resource for both commercial and non-commercial harvesters. In order to insure that
spiny lobsters are not extirpated or driven to extinction over part or all of their range, many
jurisdictions have enacted conservation measures, including the State of Florida and Jamaica,
21
involving the imposition of size and/or weight limits. Lobster must reach a certain size and age
before they are able to reproduce. Harvesting of the specie in quantity before that size is reached
can cause the stocks to “crash” and lead to extinction.
According to statements in Court, Anchor and the Martinez-Malos, in concert with others,
including a company in Kingston, Jamaica, known as DYC Fishing, Ltd., devised a scheme to
mis-label and ship undersized lobster to the United States using a coding system not recognized
in legitimate industry practice. Shipments were labeled as “5 OZ A,” “5 OZ B,” and “5 OZ C,” to
suggest that the tails were at least 5 ounces in weight and to conceal the fact that those boxes held
2, 3, and 4-ounce tails; all below the legal limit for processing and trade under Jamaican and
Florida law, which require a minimum carapace size of 3 inches, which equates to a weight of
4.33 ounces. The government’s evidence also included statements from a former conspirator
which revealed that Liliana Martinez-Malo explained the false coding scheme to an officer of the
Virginia company in early 2000, and explained this procedure was necessary to avoid detection
of the undersized tails upon importation into Florida.
Mr. Acosta commended the investigative efforts of the National Marine Fisheries Service. This
case is being prosecuted by Assistant United States Attorneys Thomas Watts-FitzGerald and
Diane Patrick.
A copy of this press release may be found on the website of the United States Attorney's Office
for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and
information may be found on the website of the District Court for the Southern District of Florida
at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
22
Alabama
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
CONTACTS
Vessels Boarded
At-Sea Boardings
TOTAL
MAR
31
40
66
137
286
75.50
178.00
328.00
581.50
1417.50
88.50
249.50
427.00
765.00
1759.50
243
233
449
925
1984
0
0
0
0
0
126
113
279
518
1274
117
120
170
407
710
243
233
449
925
1984
Vessels Not Boarded
Dockside Boardings
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
5
6
13
24
110
15
5
11
31
71
0
0
0
0
7
1
1
3
5
15
6
3
9
18
46
0
0
0
0
1
27
15
36
78
250
23
Florida
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
CONTACTS
Vessels Boarded
MAR
79
73
63
215
207
365.00
396.39
364.76
1126.15
885.50
526.00
583.89
558.24
1668.13
1881.00
101
78
157
336
407
0
0
0
0
0
69
51
72
192
239
32
27
85
114
168
101
78
157
336
407
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
0
0
0
0
0
24
24
32
80
24
0
0
0
0
3
0
0
0
0
0
16
11
17
44
55
0
2
0
2
1
40
37
49
126
153
24
GEORGIA
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
MAR
41
40
27
108
76
236.00
215.00
169.50
620.50
503.50
359.50
307.50
211.50
878.50
814.00
27
16
27
70
82
0
0
0
0
7
2
1
10
13
9
25
15
17
57
80
27
16
27
70
89
Vessels Boarded
CONTACTS
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
0
0
1
1
0
1
1
0
2
6
0
0
0
0
0
0
0
0
0
1
1
2
2
5
6
0
0
0
0
0
2
3
3
8
13
25
Louisiana
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
HOURS
No. of Patrols
JEA
Personnel
CONTACTS
Vessels Boarded
JAN
MAR
298
620
507
1425
487
317.00
914.00
796.00
2027.00
0.00
673.00
1772.00
1523.00
3968.00
1400.00
119
321
238
678
1277
0
0
0
0
0
63
87
49
199
148
56
234
189
479
1129
119
321
238
678
1277
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
2
3
4
9
1
2
0
14
16
13
0
1
1
2
6
4
2
3
9
1
2
9
6
17
16
0
2
2
4
9
6
17
30
53
46
26
Mississippi
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
MAR
13
32
33
78
46
69.00
350.00
334.50
753.50
569.75
120.00
746.00
536.00
1402.00
949.00
45
134
213
392
459
0
0
0
0
0
13
22
79
114
181
32
112
134
278
278
45
134
213
392
459
Vessels Boarded
CONTACTS
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
0
0
0
0
0
0
1
1
2
7
0
1
1
2
4
6
0
5
11
4
0
1
0
1
9
0
0
0
0
3
6
3
7
16
27
27
South Carolina
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
MAR
11
12
18
41
0
117.50
82.00
130.00
339.50
0.00
162.50
123.00
174.00
459.50
0.00
48
15
43
106
0
0
5
1
6
0
10
1
2
13
0
38
19
42
99
0
48
20
43
111
0
Vessels Boarded
CONTACTS
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
0
0
0
0
0
6
0
0
6
0
0
2
0
2
0
0
0
1
1
0
2
3
12
17
0
0
0
0
0
0
8
5
13
26
0
28
Texas
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
MAR
7
2
11
20
33
35.50
15.00
51.84
102.34
184.94
67.50
51.00
85.84
204.34
386.80
5
5
21
31
42
0
0
2
2
3
4
0
2
6
22
1
5
21
27
23
5
5
23
33
45
Vessels Boarded
CONTACTS
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
12
12
1
0
0
0
0
0
0
0
12
12
1
29
Virgin Islands
JEA QUARTERLY REPORT / FY06-2ND QUARTER
MONTH
PATROL ACTIVITY
JAN
HOURS
No. of Patrols
JEA
Personnel
MAR
12
19
14
45
7
50.00
84.00
71.00
205
16.75
70.50
138.00
107.00
315.50
36.00
0
0
1
1
4
10
23
19
52
8
6
4
19
29
4
4
19
1
24
8
10
23
20
53
12
Vessels Boarded
CONTACTS
FEB
TOTALS
FY06
FY05
2ND QTR 2ND QTR
Vessels Not Boarded
Dockside Boardings
At-Sea Boardings
TOTAL
MONTH
CITATIONS
WARNINGS
ENFORCEMENT ACTIONS
State Boating
State Commercial
Federal
State Boating
State Commercial
Federal
TOTAL TICKETS
JAN
FEB
TOTALS
FY06 2ND FY05 2ND
QTR
QTR
MAR
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
1
30
31