"We are very pleased with the outcome of this case," stated Service Special Agent Daniel H. LeClair. "Through this joint enforcement effort, we were able to document activities which we suspected had been taking place for years. The opportunity to benefit from the Coast Guards technology, experience, and manpower increases the chances of success in this and future enforcement operations, all which benefits our Nations and Ohios fisheries resources."
Historically and annually, Canadian commercial vessels have been suspected of conducting illegal fishing operations in U.S. waters of Lake Erie. Equipped with extensive navigation equipment and the ability to operate in extremely rough conditions, these sea-worthy vessels would typically withdraw into Canadian waters when a threat from U.S. officials was observed. Further difficulties in apprehension were due to the vast size of the lake, inclement fall and winter weather, and U.S./state agency budgetary restraints.
A breakthrough came last year when Detroit based USCG helicopter crews observed and documented Canadian vessels fishing in U.S. waters while flying routine aerial reconnaissance of the international boundary of Lake Erie. The gillnetting and trawling operations conducted by the Canadian Fishermen, both specifically prohibited by State law, were taking highly valued game fish such as walleye (pickerel) and yellow perch. The six-month cooperative investigation between the Service, USCG, & the ODOW ended with ship captains and owners agreeing to pay civil penalties directly to the State of Ohio.
"The Division of Wildlife will use the funds from the settlement for the acquisition and development of lands for the preservation and protection of wild animals," said Michael J. Budzik, chief of the ODOW.
Attachments: List of Canadian vessels involved in Civil Settlement Agreements Federal Statutes
CANADIAN VESSELS INVOLVED
It is well documented that the largest foreign fishing fleet on the Great Lakes, possibly in North America, resides on the Canadian side of Lake Erie. All Canadian vessels involved are based in the Wheatley - Lemington, Ontario area.
As part of individual Civil Settlement Agreements, each captain/owner has agreed to pay the following penalty directly to the State of Ohio / Ohio Wildlife Habitat Fund, all as a matter of settling the dispute to the mutual benefit of all parties involved, all in lieu of criminal prosecution:
All 10 parties identified below have met the contractual obligation of their individual agreements and have paid the required monetary assessment to the State of Ohio, Ohio Wildlife Habitat Fund.
VIOLATION DATE CANADIAN F/V CIVIL PENALTY
6/14/95 F/V MERRI GALE II $ 750.00
6/14/95 F/V AR GETTY $ 750.00
6/19/95 F/V MISS MELISSA II $ 1,000.00
6/19/95 F/V MISS NICOLE II $ 1,000.00
9/23/95 F/V W L BRUNER $ 350.00
9/23/95 F/V M & J $ 350.00
9/23/95 & 12/01/95 F/V EDITH MARIE II $ 1,100.00
1/29/95 F/V MUMMERY BROTHERS $ 1,000.00 1/29/95 F/V PATRICIA JUNE $ 1,000.00 2/01/95 F/V RAY MAR BEV $ 350.00TOTAL $ 7,500.00
FEDERAL STATUTES
All of the Great Lakes (including Lake Erie) fall under the Special Maritime & Territorial Jurisdiction of both the U.S. Coast Guard & the U.S. Fish and Wildlife Service. Part of the Coast Guards mission in recent years has been to assist federal & state agencies in enforcement of respective statutes, and, in this case, wildlife/fisheries statutes. With the provisions of the Federal Lacey Act Amendments, the Fish and Wildlife Service has been able to assist the states preserve and protect their respective wildlife/fisheries resources from foreign infringement. The resource, in this case "fisheries", has been being annually depleted for commercial gain by the Canadian fishermen.
Federal Lacey Act Amendments - 16 USC 3371 et.al. "It is unlawful for any person to import, export, transport, sell, receive, acquire or purchase in interstate or foreign commerce, any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State, or in violation of any foreign law.
It is unlawful for any person within the special maritime and territorial jurisdiction of the United States to possess any fish or wildlife taken possessed, transported, or sold in violation of any law or regulation of any state, or in violation of any foreign law.
It is also unlawful for any person to attempt to commit any act described above.
Penalties - 18 USC 3571, & 3581 Imprisonment of up to five years, and/or up to $250,000.00 per individual/charge; and up to $500,000.00 per corporation/charge.
In addition, all items used to perpetrate the violation are subject to forfeiture to the United States.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System which encompasses more than 530 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource offices and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies. For further information about the programs and activities of the U.S. Fish and Wildlife Service in the Great Lakes-Big Rivers Region, please visit our home page at: http://midwest.fws.gov
