FWC Arrest's Keys Commercial Fishermen for Lobster Violations
'That's some expensive lobster'

Posted Thursday, December 11, 2008

 

In another case of lobster harvest violations, two charter fishermen face $20,000 in fines when FWC agents found the lobsters in this photo on board their boat, the "X-Stream."

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Florida Fish and Wildlife Conservation Commission (FWC) investigators arrested six men on Dec. 7 for possessing undersized lobster tails and possessing wrung lobster tails on the water.

Luis Valladares, DOB 8/25/89; Yeniel Gonzalez-Reina, DOB 8/20/86; Alexey L. Pena, DOB 10/12/77; Douglass Valladares, DOB 7/8/75; Yuniel Gonzalez-Moreno, DOB 1/14/85; and Geovani Valladares-Ramirez, DOB
5/6/68, are facing misdemeanor charges. However, because of the number of lobsters involved, the charges are considered "major violations" and carry steeper fines. The men are from Miami-Dade and Monroe counties.

On Dec. 7, an FWC investigator patrolling the commercial fishing trap yards in Coco Plum, Marathon, observed the commercial fishing vessel "El Dorado" return to the dock with six men on board. The investigator observed the men unloading bags - suspected to contain lobster tails - onto a pickup truck. The men hid the bags under a tool box in the back of the truck. Once other officers arrived on the scene, the investigator stopped the truck. Upon searching the truck, investigators found two bags containing 249 wrung, undersized lobster tails. The men were taken into custody.

"These 249 juvenile crawfish will never have the chance to normally produce thousands of offspring before they reach their legal harvest size," said FWC Lt. Roy Payne. "The total damage to our state's fishing resources is immeasurable."

In related news, a Volusia County corporation and a Volusia County man have paid $20,000 in federal fines and have been prohibited from operating their charter fishing business for 30 days. Florida Fish and Wildlife Conservation Commission (FWC) law enforcement officers found illegal lobsters on board their vessel "X-Stream" about two months ago near New Smyrna Beach.

The federal fines and fisheries permit sanctions were handed down recently by the National Oceanic and Atmospheric Administration (NOAA) against vessel owner Daniel J. Webster, P.A., of Daytona Beach, and Garret William Taynai, captain of the "X-Stream."

"The owner and operator both violated the Magnuson-Stevens Fishery Conservation Management Act by exceeding bag limits of lobster, wringing and spearing lobster, possessing egg-bearing lobster and possessing undersize lobster," said NOAA Special Agent Richard Chesler.

FWC officers Clay McDonough and Kelly Kazmierczak discovered the violations while they were inspecting the charter fishing vessel's catch on Sept. 14, in the Intracoastal Waterway at Marker 24 near New Smyrna Beach.

McDonough and Kazmierczak boarded the charter boat at about 6:30 p.m., Sept. 14 and found 42 legal spiny lobsters and an assortment of reef fish in a fish cooler. However, when McDonough investigated an area beneath the cooler he discovered a bucket that contained 20 lobster tails that had been separated from the bodies (wrung). Eggs had been scraped off three of the tails; one tail was speared and one was under the legal size limit - all violations. In addition, the vessel had 20 lobsters over the legal limit.

Webster and Taynai told the FWC officers they caught the lobsters while diving 28 miles east of Ponce Inlet in the Atlantic Ocean. Since the lobsters were taken in federal waters, FWC and NOAA officials agreed federal jurisdiction was most appropriate for prosecution.

Chesler said the FWC and NOAA frequently work jointly to apprehend and prosecute those who violate federal fisheries laws.

"Lobster rules are in place to help prevent overfishing the resource, and when people ignore the rules by keeping more than allowed, using illegal methods to obtain them and taking egg-bearing females, it is a serious threat to the lobster population," said Maj. Jack Daugherty, FWC's law enforcement commander for the Northeast Region. "By working together, FWC and NOAA can apprehend and prosecute poachers and help ensure the lobster population remains healthy today and in the future."

NOAA Fisheries Office of Law Enforcement has numerous joint enforcement agreements that federally deputize fish and wildlife and environmental law enforcement officers in 23 coastal states and territories, including Florida, to enforce federal fisheries regulations.