Seven Men Plead Guilty for Illegally Harvesting and Selling American Eels

Between the dates of October 4 and October 6, seven individuals pleaded guilty in Federal District Court in Portland, Maine, to trafficking more than $1.9 million worth of juvenile American eels, also known as “elvers,” in violation of the Lacey Act.

Yarann Im, Mark Green, John Pinkham, Thomas Reno, Michael Bryant and George Anestis each pleaded guilty to selling or transporting elvers in interstate commerce, that they had harvested illegally, or knew had been harvested illegally, in various East Coast states, including Virginia, New Jersey, Massachusetts, and Rhode Island, among others.  Thomas Choi pleaded guilty to exporting elvers that he knew had been harvested illegally in New Jersey, Massachusetts, and elsewhere.

The guilty pleas were announced today by Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division and Director Dan Ashe of the United States Fish and Wildlife Service (USFWS).  The pleas were the result of “Operation Broken Glass,” a multi-jurisdiction USFWS investigation into the illegal trafficking of American eels.

“Without the robust enforcement of our nation’s wildlife laws, trafficking in species like the protected American eel will undermine vital marine resources to the point of no return,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The American eel is a unique and economically important species in river systems along the U.S. east coast.  These convictions should send a strong message that we will investigate and prosecute poaching as a serious crime, standing side by side with our state law enforcement partners.”

“Skyrocketing prices for juvenile American eels in Asia have led to a surge in poaching and trafficking in this unique species, threatening to wipe it out in the rivers of the Northeast,” said Director Ashe.  “The prosecution of these poachers demonstrates our resolve to work with our state and federal law enforcement partners to halt illegal trade in American eels and sustain the species for future generations.  The success and scope of Operation Broken Glass would not have been possible without this unparalleled collaboration, which will serve as a model for future investigations.”

“Elver landings are one of Maine’s largest revenue producing marine resources,” said Maine Marine Patrol Colonel Jon Cornish.  “Strong enforcement of both state and federal statutes are a key to the success of this fishery.  Maine Marine Patrol is proud to have been a participant within Operation Broken Glass.  These cases represent the results of what can be accomplished when agencies partner effectively.”

“This investigation is an example of excellent collaboration between wildlife law enforcement agencies at the federal, state, and local level,” said Assistant Administrator Eileen Sobeck of NOAA Fisheries.  “NOAA’s Office of Law Enforcement will continue to support investigations to ensure that those fishermen who obey the rules reap the benefits of fair competition and those who do not are caught and justice served.”

“The waters of New Jersey provide ideal conditions for migrating juvenile American eels,” said Director Dave Chanda of the New Jersey Department of Environmental Protection’s Division of Fish &Wildlife.  “Despite laws banning American eel harvest, New Jersey continues to experience pressure from those looking to illegally target this highly desired resource to meet overseas demand.  In their pursuit of financial gain, these individuals demonstrated deliberate indifference to the health and viability of our state's natural resource.”

Eels are highly valued in east Asia for human consumption.  Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in the population of these eels.  As a result, harvesters have turned to the American eel to fill the resulting void.

American eels spawn in the Sargasso Sea, an area of the North Atlantic Ocean bounded on all sides by ocean currents.  They then travel as larvae from the Sea to the coastal waters of the eastern United States, where they enter a juvenile or elver stage, swim upriver and grow to adulthood in fresh water.  Elvers are exported for aquaculture in east Asia, where they are raised to adult size and sold for food.  Harvesters and exporters of American eels in the United States can sell elvers to east Asian buyers for more than $2000 per pound.

Because of the threat of overfishing, elver harvesting is prohibited in the United States in all but three states: Maine, South Carolina and Florida.  Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities.

Although Florida does not have specific elver-related regulations, the limited population of elvers in Florida waters makes commercial elver fishing impossible.

The seven defendants all illegally harvested, sold, transported, or exported elvers, knowing they had been harvested in violation of state law.  Further, as a means of concealing the illegal sale and export of elvers, the defendants used Maine or Florida eel harvest licenses, whether theirs or someone else’s, to claim in required paperwork that the elvers were obtained legally from Maine or Florida waters.

Elver export declaration packages submitted to the USFWS included this false documentation in order to disguise the illegal origins of the elvers and to facilitate their export from the United States to buyers in east Asia.

The offenses in the case are felonies under the Lacey Act, each carrying a maximum penalty of five years’ incarceration, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.
Operation Broken Glass was conducted by the USFWS and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, MA Division of Natural Resources, North Myrtle Beach, SC Police Department and the Atlantic States Marine Fisheries Commission.

The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller.

2016 Expansion of Hunting and Fishing Opportunities on National Wildlife Refuges

U.S. Fish and Wildlife Service announced the agency will expand fishing and hunting opportunities on 13 refuges throughout the Service’s National Wildlife Refuge System. The final rule also modifies existing refuge-specific regulations on more than 70 other refuges and wetland management districts. This includes migratory bird, upland game and big game hunting, and sport fishing
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In Colorado, hunting for elk will occur for the first time in designated areas of Baca National Wildlife Refuge, as well as in expanded areas of Alamosa National Wildlife Refuge and Monte Vista National Wildlife Refuge.

“Sportsmen and sportswomen were among the first to champion wildlife protection. Their efforts are the backbone of the North American Wildlife Conservation Model — fish and wildlife belong to all Americans, and they need to be managed in a way that will sustain their populations forever,” said Director Dan Ashe. “We are pleased to offer new opportunities for the continuance of a hunting and fishing tradition that is in accordance with sustainable recreational use in the National Wildlife Refuge System.”

The final rule also includes opening sport fishing of state-regulated species for the first time at Lake Andes National Wildlife Refuge in South Dakota, and expanding areas available for sport fishing at Patoka River National Wildlife Refuge in Indiana.

The Service is responsible for managing more than 850 million acres in the Refuge System, including five marine national monuments, 565 national wildlife refuges and 38 wetland management districts. The agency manages hunting and fishing programs to ensure sustainable wildlife populations, and other forms of wildlife-dependent recreation on refuges, such as wildlife watching and photography.

In addition, the Service’s Urban Wildlife Conservation Program, launched in 2013, offers opportunities for residents of America’s cities to learn about and take part in wildlife conservation.

There is a national wildlife refuge within an hour’s drive from most major metropolitan areas.

Hunting, fishing and other outdoor activities contributed more than $144.7 billion in economic activity across the United States according to the Service’s National Survey of Fishing, Hunting and Wildlife-Associated Recreation, published every five years. More than 90 million Americans, or 41 percent of the United States’ population age 16 and older, pursue wildlife-related recreation. The Service’s report Banking on Nature shows that refuges pump $2.4 billion into the economy and support more than 35,000 jobs. More than 48 million visits are made to refuges every year.

“Hunting and fishing give families a chance to carry on traditions that they have celebrated for generations,” Ashe added. “These types of recreation also benefit local economies and generate much needed additional funding for wildlife conservation by bringing people into national wildlife refuges, as well as provide an important connection between people and the outdoors.”

The Service’s final rule opens the following refuge to hunting for the first time:
Colorado

• Baca National Wildlife Refuge: Open migratory game bird hunting, upland game hunting and big game hunting. The refuge is currently closed to other public use activities.

The Service’s final rule opens the following refuge to sport fishing for the first time:
South Dakota

• Lake Andes National Wildlife Refuge: Open sport fishing. The refuge is already open to migratory game bird hunting, upland game hunting and big game hunting.

In addition, the Service expands hunting and sport fishing on the following refuges:
Colorado

• Alamosa National Wildlife Refuge: Expand migratory game bird hunting and open big game hunting. The refuge is already open to migratory game bird hunting and upland game hunting.
• Monte Vista National Wildlife Refuge: Expand migratory game bird hunting and open big game hunting. The refuge is already open to migratory game bird hunting and upland game hunting.

Indiana

• Patoka River National Wildlife Refuge and Management Area: Expand migratory game bird hunting, upland game hunting, big game hunting and sport fishing. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

Louisiana

• Atchafalaya National Wildlife Refuge: Expand big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.
• Black Bayou Lake National Wildlife Refuge: Expand migratory game bird hunting, upland game hunting and big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

Michigan

• Detroit River International Wildlife Refuge: Expand migratory game bird hunting, upland game hunting and big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting and big game hunting.

New York

• Montezuma National Wildlife Refuge: Expand migratory game bird hunting and big game hunting. The refuge is already open to migratory game bird hunting, big game hunting and sport fishing.

Oklahoma

• Washita National Wildlife Refuge: Expand big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

South Carolina

• Waccamaw National Wildlife Refuge: Expand migratory game bird hunting, upland game hunting and big game hunting. The refuge is already open to migratory game bird hunting, upland game hunting, big game hunting and sport fishing.

Texas

• Anahuac National Wildlife Refuge: Expand migratory game bird hunting. The refuge is already open to migratory game bird hunting and sport fishing.
• Buffalo Lake National Wildlife Refuge: Open big game hunting. The refuge is already open to upland game hunting.

To view a complete list of all hunting and sport fishing opportunities on refuges, click here. The final rule will become effective upon publication in the Federal Register on October 4, 2016.

Under the National Wildlife Refuge System Improvement Act of 1997, the Service permits hunting and fishing along with four other types of wildlife-dependent recreation, including wildlife photography, environmental education, wildlife observation and interpretation, when they are compatible with an individual refuge’s purpose and mission. Hunting, within specified limits, is now permitted on 337 wildlife refuges. Fishing is now permitted on 276 wildlife refuges.

Anglers asked not to fish Esopus between Shandaken Portal and the Ashokan Reservoir

 Low, turbid water poses a risk to spawning trout

Anglers: please don't fish the Esopus Creek from the Shandaken Portal to the Ashokan Reservoir. (see attached map for area in question).

If you live near, or fish this section of the Esopus, you have no doubt noticed how low the water level is and how brown and silt-laden the water is.



Water from the Schoharie Reservoir feeds into the Esopus via the Shandaken Portal. Drought has drastically reduced water levels in the Schoharie Reservoir and last Friday, DEC decided to cut back on the water entering the Esopus through the portal.

DEC Fisheries staff are concerned that the muddy flow from the Portal would hurt the stream ecosystem and threaten trout spawning which will soon be underway.

As a result, water levels in the Esopus, which were already low, will drop further. Fish in the Creek could be very vulnerable to anglers and natural predators. Nonetheless, DEC staff believe that the trout will be better off than if they try to spawn in mud-laden water.

DEC will continue to monitor conditions in the creek. We anticipate that Emergency Regulations will be issued soon that will temporarily prohibit fishing in the Esopus downstream of the portal to the Ashokan Reservoir. We'll let you know when this happens.

• Esopus_Creek Affected by Shandaken Tunnel3.pdf