Press Release
KEYS COMMERCIAL LOBSTER OPERATION RESULTS IN SEARCH, SEIZURES AND ARREST
August 7, 2008
FOR IMMEDIATE RELEASE
R. Alexander Acosta, United States Attorney for the Southern District of Florida, H. Jeff Radonski, Assistant Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, Southeast Region, Eddie McKissick, Resident Agent in Charge, U.S. Fish & Wildlife Service, Commander Dave Score, Superintendent of the Florida Keys National Marine Sanctuary, Major Mike Edwards, Regional Commander, South Bravo, Florida Fish & Wildlife Conservation Commission (FWCC) announced today that David W. Dreifort, 41, of Cudjoe Key, Florida, was arrested yesterday as a result of his involvement in an out of season lobstering operation that featured the use of illegal artificial habitat placed in the Florida Keys National Marine Sanctuary and the stockpiling of approximately 1,500 pounds of wrung lobster tail for sale after the opening of Florida’s commercial lobster season yesterday. The allegations contained in the criminal complaint filed against Dreifort charge him with substantive violations of the Lacey Act, Title 16, United States Code, Section 3372(a)(2)(A) and conspiracy to violate the Lacey Act. The Lacey Act makes it unlawful to transport, sell, receive, acquire, or purchase any fish or wildlife taken or sold in violation of any State law or regulation. If convicted of the charges Dreifort could face up to five years of incarceration as well criminal fines and penalties.
Sanctuary regulations implemented in 1977 prohibit any alterations of, or construction on the seabed of the Sanctuary. Constructing, placing, or abandoning any structure, material, or other matter on the seabed is prohibited as part of the effort to preserve the marine environment.
In addition, the Florida Administrative Code specifically prohibits the harvest of any spiny lobster from artificial habitat. Lobster traps, such as those utilized by the defendant in this case, fall within the category of artificial habitats. Other regulations prohibit any person from commercially harvesting, attempting to harvest, or having in their possession, regardless of where taken, any spiny lobster during the closed season. The sanctioned commercial season runs from August 6 through March 31 of the following year. An exception exists for the annual lobster sport mini-season.
According to the Complaint and supporting affidavit filed in this matter, NOAA and FWS Special Agents became aware of a group constructing artificial lobster habitats, often referred to informally as “casitas” in the lower Keys. On July 28th, agents were able to track a boat owned by Dreifort, as it traveled entirely within the waters of the Sanctuary, harvesting approximately 140 pounds of wrung spiny lobster tails out of season. Subsequently, the lobster tails were placed in a freezer at a lower Keys residence, which held about 650 pounds of previously harvested, frozen tails. Officers returned to the sites within the Sanctuary and found each site held artificial habitats. Divers also found freshly wrung spiny lobster heads.
Contemporaneously with the arrest of Dreifort, the multi-agency team executed a search warrant at his home/business, and executed five seizure warrants, taking custody of boats, vehicles, and a trailer used in the criminal violations. The Lacey Act provides for forfeiture of vehicles, boats, gear, and equipment used to facilitate criminal conduct. The 1,500 pounds of frozen lobster tail represents more than 1,000 times the legal bag limit for a mini-season sport diver.
The Florida Keys National Marine Sanctuary (FKNMS) is a 2,800 square nautical mile area that surrounds the Florida Keys and includes the productive waters of Florida Bay, the Gulf of Mexico, and the Atlantic Ocean. The FKNMS encompasses coastal and oceanic waters, and the submerged lands thereunder, surrounding the Florida Keys, and extending westward to include the Tortugas islands, but excluding Dry Tortugas National Park. Within these waters are spectacular, unique, and nationally significant marine environments, including seagrass meadows, mangrove islands, and extensive coral reefs. The FKNMS supports rich biological communities with extensive conservation, recreational, commercial, ecological, historical, research, educational, and aesthetic values of national significance. These environments also support high levels of biological diversity, which are fragile and easily susceptible to damage from human activities, but possess high value if properly conserved.
Mr. Acosta commended the coordinated investigative efforts of the NOAA Office For Enforcement, the U.S. Fish & Wildlife Service, Florida Fish & Wildlife Conservation Commission, and the personnel of the Damage Assessment & Resource Protection Office of the National Marine Sanctuary Program which brought the matter to a successful conclusion. This case is being prosecuted by Assistant United States Attorneys Thomas Watts-FitzGerald and Antonia Barnes.
Attachments:
Complaint (PDF)
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 http://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 http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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