Thursday, March 1, 2012

Illegal Catch Gets Conn. Fisherman $10,000 Fine

BrocktonPost
BOSTON--A Connecticut man was sentenced Thursday in federal court in Boston for trafficking in and making false records for 12,140 pounds of illegally harvested Atlantic striped bass.
Daniel B. Birkbeck, 47, of North Stonington, Conn., was sentenced to serve one year of probation and pay a $10,000 fine as part of a plea agreement, according to a statement from the U.S. Attorney's Office in Boston.
Birkbeck agreed to forfeit $5,000 in lieu of forfeiting the boat and truck that he used to commit the fishery crimes.
In November 2011, Birkbeck pleaded guilty to a felony charge of transporting and selling 12,140 pounds of striped bass in interstate commerce from Rhode Island to Massachusetts and knowing that the bass were harvested illegally.
Birkbeck, who is licensed as a commercial fisherman in both Rhode Island and Massachusetts, harvested striped bass in Rhode Island waters after the Rhode Island commercial fishing season had closed and transported those fish to Massachusetts for sale.
Birkbeck falsely reported to the Massachusetts Division of MarineFisheries that he had legally harvested the striped bass in Massachusetts waters.
The Lacey Act makes it a crime for a person to knowingly transport and sell fish in interstate commerce when the fish was taken or possessed in violation of state law.
Furthermore, the act also makes it a crime for a person to knowingly make or submit a false record, account, or label for fish which has been transported in interstate commerce.
Commercial fishing for striped bass in Massachusetts and Rhode Island is governed by a quota system overseen by the Atlantic States Marine Fisheries Commission.
The quota system was enacted in response to declining striped bass populations.
Since 2003, Massachusetts' commercial striped bass quota is about five times that of Rhode Island, and thus, the commercial striped bass season is open longer in Massachusetts than in Rhode Island.

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