Deputy City Attorney Mark Soto with the Los Angeles City Attorney’s (LACA) Office is the 2023 Wildlife Prosecutor of the Year, the California Department of Fish and Wildlife (CDFW) announced. The selection was decided by the California Fish and Game Commission and Chief of Patrol upon evaluating nominations from CDFW’s wildlife officers.
Soto is a member of the LACA Environmental Justice Unit (EJU). Due to his expertise in civil litigation, Soto handles many of the commercial fishery related cases referred to the LACA EJU such as complex cases involving illegal importation of non-native abalone.
Once a popular recreational and commercial fishery, California’s native abalone populations are struggling. Two of California’s eight native abalone species are federally endangered, and other species, including the once-populous red abalone, are in decline. All commercial fishing for abalone has been banned since 1997, and recreational take of abalone has been prohibited since 2017. Licensed California aquaculture farms fulfill some of the robust demands by the legal farming of red abalone. Unfortunately, some businesses have turned to unlawful importation to profit from that robust demand not met by lawful aquaculture.
Non-native abalone importation is restricted in California due to concerns of serious diseases present in other global abalone populations that are not found in California. CDFW marine biologists are concerned those diseases could potentially infect local populations. The complex nature of cases includes navigating unlicensed or licensed fish businesses illegally importing abalone and the administrative challenges of investigating sales to restaurants, grocery stores or private parties. LACA’s EJU decided to handle the cases as civil cases for unfair business practices, the cases assigned to Soto.
Soto developed a team of prosecutors to handle these cases, including those in the Los Angeles County District Attorney’s Office and the Orange County District Attorney’s Consumer and Environmental Protection Unit. Due to the multi-jurisdictional nature of the illegal importation crimes committed by the business and the extent of their unfair business practices, Soto took the lead and helped his fellow prosecutors understand these cases and the importance of the prosecutions.
“Mr. Soto understands how these prohibited abalone sales cases are not just stand-alone cases involving businesses selling prohibited species but are a part of the larger nationwide illegal wildlife trafficking trade,” said Nathaniel Arnold, CDFW Deputy Director and Chief of the Law Enforcement Division. “His leadership in Los Angeles and other municipalities made him the obvious selection as Wildlife Prosecutor of the Year.”
“Congratulations to Mark Soto on this recognition as 2023 Wildlife Prosecutor of the Year. His commitment to protecting keystone species and California waterways, his collaborative spirit and his environmental protection work have been instrumental to our work at the City Attorney’s Office,” said Hydee Feldstein Soto, Los Angeles City Attorney. “I am also grateful for the ongoing partnership with CDFW that supports many of our city’s efforts to safeguard our vulnerable natural resources.”
Prosecutions of cases involving abalone and other species required Soto to learn the complex laws and regulations around the commercial fish business industry, California aquaculture regulations and restricted species laws and regulations. He has trained his fellow prosecutors in the same areas of expertise.
Soto also worked to develop supplemental environmental projects (SEPs) that civil defendants could contribute to in lieu of fines. Examples of those efforts are seen in two recent case dispositions. In February 2022, one of Soto’s cases resolved before trial. The defendant, a supermarket with three locations in Los Angeles, agreed to a stipulated judgement settling the case. In the case, the supermarket was accused of purchasing and maintaining approximately 800 live non-native abalone. The defendant agreed to a multi-year injunction prohibiting future unlawful conduct, a public announcement about their sales of restricted species, approximately $170,000 in civil penalties and approximately $5,000 in restitution to CDFW for investigative costs. In addition, the defendant agreed to contribute $20,000 to the CalTIP Reward Fund, a fund that rewards tipsters to California’s 24/7 poaching and pollution hotline.
In another case resolved in 2023, an importer of live non-native abalone settled a case for a $50,000 civil penalty and a six-year injunction prohibiting future unlawful conduct. Both companies were required to post public notices advising their customers of the prior violations regarding sales of restricted species of abalone.
These successful civil prosecutions of businesses for illegal importation, possession and sale of detrimental restricted species sets a high bar for future and ongoing litigation against corporate defendants accused of similar unlawful and unfair business practices and conduct. The visibility and success of these cases will likely serve as a deterrence for future wildlife trafficking. Soto continues his hard work prosecuting commercial defendants in other abalone-related cases, as well as other serious commercial fish business cases.
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Media Contacts:
Andrew Halverson, CDFW Assist. Chief Law Enforcement Division, (661) 428-9873
Ivor Pine, Deputy Director, Communications - LA City Attorney’s Office, (213) 503-6136