CDFW News

Judgment, Penalties for Unlawful Importation and Sale of Non-native Abalone

Wed, 12 Apr 2023 17:11:09 GMT

A Los Angeles Superior Court judged against a group of people and businesses who imported and sold live, non-native abalone in Los Angeles in violation of California law.

In July of 2019, law enforcement officers from the California Department of Fish and Wildlife (CDFW) discovered that non-native abalone were being unlawfully sold while still alive at Galleria Market on West Olympic Blvd. in Los Angeles. To be sure, undercover wildlife officers purchased live, non-native abalone specimens from the store. CDFW’s Wildlife Forensic Laboratory conducted DNA testing on the purchased abalone and confirmed they were disk abalone, a species that is not native to California.

The officers’ subsequent investigation determined that live, non-native disk abalone were being illegally imported through Los Angeles International Airport from South Korea. Wildlife officers determined that between approximately April 20, 2018, and August 2, 2019, Galleria Market unlawfully purchased at least 797 live disk abalone specimens and unlawfully sold 719 of those specimens to its retail customers. These purchases and sales of disk abalone were done without a restricted species permit authorizing any importation or sale of a live specimen of abalone that is not native to California.

The court’s judgment prohibits Galleria Market, LP, HK Galleria Holdings, Inc., H.K. Partners, LLC, and Young Jun Kim from any further importation or sale of live, non-native abalone except as permitted by California law. The court ordered the defendants to make a public announcement regarding the illegality of their sales, to pay $174,242 in civil penalties and $4,757.03 to CDFW as reimbursement for its investigative costs. The defendants must also make a $20,000 payment to the California Wildlife Officer Foundation’s Californians Turn in Poachers and Polluters (“CalTIP”) reward fund.

California’s native abalone populations, once known as a popular sport and commercial fishery, are now in peril. Two of California’s eight native abalone species, the white abalone and black abalone, are listed as federally endangered species. Other native abalone species, including the once populous red abalone species, are also in decline due to kelp loss, climate change and related factors. All commercial fishing for abalone has been banned since 1997 and sport take of abalone has been closed since 2017.

Despite the closed commercial seasons, there is a robust demand for abalone in seafood markets and restaurants across the state. Licensed California aquaculture farms fulfill part of that demand by legally farming red abalone. The demand for legal abalone still outstrips the supply from legal abalone farms and commercial fish businesses have been searching for a way to fill that demand. All non-native abalone species are prohibited from importation into California due to concerns over the introduction of an exotic species to local waters and the diseases they potentially carry that could affect native populations, including the endangered white and black abalone.

The case was referred to the Los Angeles City Attorney’s Office’s Environmental Justice and Protection Unit (“EJU”) for prosecution. The EJU prosecuted the case as a civil law enforcement action under California’s Unfair Competition Law.

“I want to thank CDFW for its dedication to protecting California's native habitat and for its long-standing partnership with the Office of the Los Angeles City Attorney to protect our environment, including important, but imperiled keystone species,” said Jessica B. Brown, Supervisor of L.A. City Attorney Hydee Feldstein Soto's EJU. “Businesses need to play by the rules. In this case, the alleged illegal practices could have had a devastating effect on native marine life that play a needed role in the stability and diversity of their natural habits, and which are already severely struggling.”

“The Los Angeles City Attorney’s Office’s EJU has been a steadfast partner in prosecuting violations of California’s environmental laws and in securing impactful dispositions,” said David Bess, CDFW’s Deputy Director and Chief of the Law Enforcement Division. “Announcing today’s fines and civil penalties will serve as a deterrent to future would-be violators, reimburse the costs associated with the investigation, contribute to the reward fund for those members of the public who bring these violations to our attention and help prevent the inadvertent introduction of exotic species of abalone or any diseases that may be transmitted to our already vulnerable native abalone populations.”

If you witness a poaching or polluting incident, or any fish and wildlife violation, or have information about such a violation, immediately dial the toll free CALTIP number 1 888 334-CALTIP (888 334-2258), 24 hours a day, seven days a week. Or submit anonymous tips to CDFW using tip411. Tip411 is an internet-based tool from CitizenObserver.com that enables the public to text message an anonymous tip to wildlife officers and lets the officers respond back creating an anonymous two-way conversation. Anyone with a cell phone may send an anonymous tip to CDFW by texting "CALTIP", followed by a space and the message, to 847411 (tip411). More information at wildlife.ca.gov/Enforcement/CalTIP.

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Media contact:
Capt. Patrick Foy, CDFW Law Enforcement, (916) 508-7095

Ventura County Deputy District Attorney Named 2021 Wildlife Prosecutor of the Year

Fri, 17 Jun 2022 11:12:38 GMT

Ventura County Senior Deputy District Attorney (SDDA) Karen Wold has been named 2021 Wildlife Prosecutor of the Year, the California Department of Fish and Wildlife (CDFW) and California Fish and Game Commission announced this week.

“Senior Deputy DA Karen Wold has taken several complicated investigations by CDFW’s wildlife officers and turned them into successful prosecutions, thereby making it clear that poaching and pollution crimes will not be tolerated in Ventura County,” said David Bess, CDFW Deputy Director and Chief of the Law Enforcement Division.

SDDA Karen Wold and her team of investigators from the Consumer and Environmental Protection Unit have been valuable partners and a trusted resource for wildlife officers. For years, Wold has led the charge to hold poaching and pollution violators in Ventura County accountable through effective prosecution and assessment of criminal and civil penalties. Those penalties range from fines, permanent and temporary injunctions, imprisonment, cost recovery, educational outreach signage and the procurement of supplies and equipment to help various agencies continue to protect the state’s natural resources.

“We are very proud of Senior Deputy District Attorney Karen Wold’s achievements and are grateful to the California Department of Fish and Wildlife for their collaboration and recognition of her work,” said Erik Nasarenko, Ventura County District Attorney. “Karen is a dedicated prosecutor — she works hard each day to enforce laws that protect the environment and wildlife in our beautiful state.”

Over the years, the Consumer and Environmental Protection Unit has been responsible for securing some favorable dispositions against businesses that pollute in Ventura County. Most notably, a civil settlement in 2016 against Crimson Pipeline totaled nearly $1.6 million in penalties, costs and natural resource damage restitution.

More recently, however, SDDA Wold was vital in securing a settlement against a local commercial fishing vessel operator who allowed toxic substances to flow into the waters of Channel Islands Harbor. In June 2021, wildlife officers from the patrol boat Swordfish observed a commercial squid seiner exiting Ventura Harbor after conducting an off-load of market squid. The officers monitored the vessel, knowing they were most likely heading out of the harbor to dump their excess tank water, known as “stick-water.” Stick water is deleterious to aquatic life due to its ability to create an oxygen deficient environment and create increased amounts of lethal ammonia. Because of its deleterious nature to fish, commercial fishermen are required to dump it outside of state waters, defined as at least three miles offshore.

After boarding the vessel and conducting interviews, officers determined the vessel dumped the toxic water just outside the breakwater and well inside the boundaries of state waters. The case was turned over to SDDA Wold and her team, and they recently settled the case for a civil penalty of $20,000. Included in that penalty was funding set aside for educational signage inside the harbor, most specifically at the commercial squid processing dock, that addresses the regulations and deleterious nature of stick water.

In February 2021, wildlife officers from CDFW’s Office of Spill Prevention and Response responded to reports of excessive amounts of paint debris coating nearby vessels and rocks along the jetty. Through investigation, the officers determined a local commercial fishing vessel operator was sanding their deck and hull without any containment setup. The case was turned over to SDDA Wold and her team, and they promptly went to work to reach a settlement. In the end, the violator agreed to pay $20,000 in fines with nearly $15,000 of that earmarked for oil spill response equipment.

SDDA Wold and her team not only help with marine environmental prosecutions, but they also step in to help with some of the more egregious fish and wildlife crimes that take place in Ventura County. In July 2019, wildlife officers investigated the killing of a collared mountain lion in the Simi Hills, Ventura County. The investigation revealed that a worker at a local college shot and killed a mountain lion that was being monitored via a GPS collar. After killing the lion, the suspect cut off the GPS collar to cover up his crime. He then drove the collar and the lion carcass to two different locations and dumped them several miles from the kill site. Wold prosecuted this case with the utmost seriousness and after several meetings, the suspect ultimately pled guilty to the charge of unlawfully killing a mountain lion and was sentenced to 30 days in jail, 30 days in a work release program, 240 hours of community service at a local animal shelter and three years of summary probation.

“Senior Deputy DA Wold exemplifies the type of prosecutor who can take a poaching or pollution crime investigation and turn into a successful prosecution that not only holds the violator accountable but serves as a warning to others that they too will be held accountable for similar violations,” said Commission President Samantha Murray. “The Commission created this award for prosecutors like Wold to acknowledge good work and to set an example for other prosecutors.”

CDFW is proud of the partnership established through years of collaboration with SDDA Wold and thankful for her leadership in protecting the natural resources of Ventura County.

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Media Contacts:
Assistant Chief Eric Kord, CDFW Law Enforcement Division, (619) 921-5959
Jordan Traverso, CDFW Communications, (916) 212-7352

Commercial Crab Fishing Violations on the Rise

Tue, 01 Mar 2022 17:10:13 GMT

Wildlife officers from the California Department of Fish and Wildlife (CDFW) Marine Enforcement Division have noticed an uptick in the number of commercial Dungeness crab cases in North Coast waters since December 2021.

Since December 9, 2021, there have been five cases out of Crescent City and two out of Eureka regarding possession of undersize crabs by commercial crab fishermen. The most common violation during this period has been commercial harvest of undersized crabs. Commercial Dungeness crab fishermen are expected to measure their entire catch and keep only crabs that are equal to or greater than 6 ¼ inches, which is slightly more than the required 5 ¾ width required of recreational crabbers. There is a provision in the law to authorize possession of no more than one percent of the catch to be undersize.

In all seven cases, citations were written, the loads were seized and the proceeds from the sales of the crab were directed to the Wildlife Preservation Fund until the cases can be adjudicated in court. Collectively in the seven cases, there were 575 undersized crab discovered during inspections in the past few months. The illegal loads seized have ranged from 8 to 24 percent undersized, making them gross violations of the one percent undersized Dungeness crab allowance. During the investigations, wildlife officers discovered evidence that some boat crews had attempted to avoid wildlife officers at the dock and had possibly dumped a load of short crabs. One of the cited violators had been recently warned by wildlife officers for possession of short crabs.

A slightly different type of Dungeness crab violation also occurred in December 2021 involving an anonymous citizen tip that a Commercial Passenger Fishing Vessel (CPFV) would be using 120 recreational traps in addition to their commercial traps to fish for commercial Dungeness crab outside of San Francisco Bay. Their investigation revealed that the suspect fisherman was illegally using recreational traps prior to the commercial season opener to enhance his commercial landings. In total, 8,322 pounds of crab were seized.

“Wildlife officers hope word will spread through the commercial crab fishing industry that Dungeness crab violations will result in citations and possible permit suspensions or revocations,” said David Bess, CDFW Deputy Director and Chief of the Law Enforcement Division. “California’s commercial crab fishing industry has historically been a viable commercial fishery that contributes much to California dinner tables and the economy. The majority of commercial crab fishermen remain compliant. Our end goal is to simply reduce the violations of a few to zero.”

Both commercial and recreational crabbers are required to have a measuring device to ensure all Dungeness crab meet the minimum size limit of 6 ¼ inches for commercial harvest and 5 ¾ inches for recreational harvest, measured by the shortest distance through the body from edge of shell to edge of shell directly in front of and excluding the points (lateral spines).

While there has been an observed uptick in the number of commercial crab violations, CDFW commends the broader majority of the commercial Dungeness crab fleet for their compliance with the rules governing the fishery and their significant efforts to reduce the risk of whale and sea turtle entanglements.

Media contact:
Capt. Patrick Foy, CDFW Law Enforcement (916) 508-7095

Commercial Poachers Convicted for Illegal Fishing in Marine Protected Areas

Wed, 12 Jan 2022 14:33:10 GMT

A San Diego County judge recently imposed a $5,000 fine on a Commercial Passenger Fishing Vessel (CPFV) operating in a Marine Protected Area (MPA), the California Department of Fish and Wildlife (CDFW) announced. It was the first implementation of increased commercial poaching fines and penalties under Assembly Bill 2369, authored by San Diego Assemblywoman Lorena Gonzalez Fletcher. AB 2369, which is specific to illegal activity in California’s MPAs, went into effect in Jan. 2019.

The case was tried in San Diego County Superior Court and prosecuted by San Diego County Deputy District Attorney, Landy Spencer-Daly.

The case was initiated in December 2020 by wildlife officers aboard the CDFW patrol boat Thresher as they patrolled the Swami’s State Marine Conservation Area (SMCA), one of many regions of California’s coast protected by designation as an MPA. Swami’s SMCA is located midway along the coast of San Diego County. Acting on a tip regarding illegal fishing in the SMCA, the officers noticed the CPFV Electra on their radar and their Automatic Identification System inside the northwest corner of the SMCA. As the Thresher approached the Electra, wildlife officers noticed passengers on the boat reeling in lines and keeping fish. After boarding the vessel for inspection, the officers clearly documented commercial passenger fishing vessel activity and cited the vessel’s captain for fishing in the Swami’s SMCA. The case was solidified with further documentation of the vessel’s presence in the MPA via the shore-based radar Marine Monitor vessel tracking system. The Electra is owned by Helgren’s Sportfishing, based out of Oceanside Harbor.

In November, Helgren’s Sportfishing, through owner Joseph Helgren, pleaded guilty to a violation of Fish and Game Code, section 12012.5, resulting in a fine of $5,000 and an order to stay out of Swami’s SMCA for one year.

“The $5,000 minimum fine imposed in the Electra case is the first of its kind since the law was passed,” stated David Bess, CDFW Deputy Director and Chief of the Law Enforcement Division. “We hope the Electra case disposition will send a message that commercial fishing in an MPA will be stopped by wildlife officers and will result in substantial fines.”

The law specifically states that if a CPFV operator fishes or facilitates fishing in an MPA, that operator is guilty of a misdemeanor punishable by a fine of not less than $5,000 nor more than $40,000, imprisonment in the county jail for not more than one year, or by both a fine and imprisonment. If a person is convicted of a subsequent violation occurring within 10 years of a prior violation that resulted in a conviction, CDFW may suspend that person’s commercial fishing license. Subsequent violations are also subject to fines of not less than $10,000 nor more than $50,000, imprisonment in the county jail for not more than one year, or by both a fine and imprisonment.

Media Contact:
Capt. Patrick Foy, CDFW Law Enforcement Division, (916) 508-7095