SEPTEMBER 2007 NEWS  
 


 

FIVE CITED FOR HARVESTING OYSTERS ON UNLEASED STATE WATER BOTTOMS IN TERREBONNE PARISH

TWENTY-FOUR A.T.V. RIDERS CITED ON BODCAU W.M.A.

THREE MEN CITED IN CAMERON PARISH FOR SHOCKING FISH

L.D.W.F. ENFORCEMENT DIVISION HONORED WITH KEEP LOUISIANA BEAUTIFUL AWARD

SHARK FISHERMAN PENALIZED FOR SHARK FINNING

KRAEMER MAN ARRESTED FOR CRAB TRAP THEFT

RACELAND MAN SENTENCED FOR DWI AND HIT AND RUN

FIVE CITED FOR SHRIMPING DURING A CLOSED SEASON

RETIRED WILDLIFE AND FISHERIES CAPTAIN HONORED FOR BOATING ACCOMPLISHMENTS

SHARK DEALER PLEADS GUILTY

  

FIVE CITED FOR HARVESTING OYSTERS ON UNLEASED STATE WATER BOTTOMS IN TERREBONNE PARISH

A Louisiana Department of Wildlife and Fisheries Enforcement Division Oyster Strike Force agent cited four men on Aug. 29 for alleged oyster violations in Lake Mechant located in Terrebonne Parish.

Santiago Martinez Flores, 45, Van Badillo Ramirez, 20, Jose Gaudalupe Rodriguez, 19, all from Montegut, and Paul G. Rodriguez, 39, from Dallas, Texas, were cited for taking oysters from unleased state water bottoms.

Responding to numerous complaints in lower Terrebonne Parish, LDWF Enforcement Sgt. Bryan Marie spotted the vessel dredging for oysters on unleased water bottoms.  The area in question contains unleased state water bottoms, private leases and closed public oyster grounds. 

Utilizing LDWF's global positioning satellite equipment, Sgt. Marie marked the location before boarding the vessel.  The location was proven to be on unleased state water bottoms where oyster harvesting is illegal.

Four sacks of oysters were seized and returned to the water and two oyster dredges and a boat being used were placed under a department seizure order. 
 
The penalty for unlawfully taking oysters from state water bottoms is a fine between $400 and $950, or imprisonment for up to 120 days, or both plus courts costs.


TWENTY-FOUR A.T.V. RIDERS CITED ON BODCAU W.M.A.

Louisiana Department of Wildlife and Fisheries (LDWF) Enforcement Division agents cited 24 north Louisiana residents for allegedly riding All Terrain Vehicles (ATV) in a closed area and after hours on the Bodcau Wildlife Management Area (WMA) near Cotton Valley. 

An agent received a tip around 9 p.m. on Aug. 18, 2007 from a concerned citizen who called LDWF’s Operation Game Thief hotline after noticing a large number of ATVs driving into the WMA. 

The agent later confronted the group and requested assistance from other agents in the area, as well as local law enforcement agencies.  The agents then entered the area where the majority of riders had fled.  The agents were able to take a few of the riders into custody and then locate the group’s vehicles at a nearby residence where the remainder were apprehended. 

A Webster Parish deputy was seriously injured while responding to assist the agents, but is home recovering. 

A total of 19 ATVs were towed to a local impound where they were processed as evidence and then returned to the owners.  

A total of 81 citations were issued to the following parties:  Casey A. Deaver, 21, Nicholas A. Garza, 23, Ty Hanson, 24, Michael D. Oglee, 21, William H. Budwah, 24, Gary W. Miller, 22, and Jeremy D. Moore, 21, all of Sarepta; Charles L. Cole, Jr., 19, Nathaniel C. Spurlin, 19, and Shane T.McKinsey, 24, all of Cotton Valley; Jordan T. Whitlock, 21, Brooke I. Dean, 20, and Kelli Jo Festervan, 22, all of Springhill; John R. Hollingsworth, 21, Jacob R. Morrow, 25, and Kimberly L. Morrow, 22, all of Minden; Stacy D. Booker, 17, Rob Booker, 32, and Christopher Thomas, 28, all of Marion; Gregory L. Roath, 40, Tracy L. Cooper, 38, and Jason E. Cooper, 32, all of Shongaloo; Krissi A. Lebrun, 17, of Sterlington, and James L. Chase, 24, of Homer.  Each of the aforementioned was cited for three counts of not abiding by WMA rules and regulations, not possessing a self-clearing permit, riding an ATV in a closed area, and riding an ATV after hours. 

In addition, the following received citations for littering:  Charles Cole, Jordan Whitlock, Ty Hanson, Michael Oglee, Gary Miller, John Hollingsworth and Christopher Thomas.  Jacob Morrow and Nicholas Garza were also cited for flight from an officer. 

Not abiding by WMA rules and regulations is punishable by a fine between $100-$350, or jail time up to 60 days, or both plus court costs for each count.  Littering carries a fine of $250, and eight hours of community service plus costs of court.  A person convicted of flight from an officer can be fined $150-$500, or imprisoned six months, or both plus court costs. 

Agents involved in the case were:  Capt. Wesley Walker, Lt. Richie McCarthy, Sgts. Kenny Balkom, Troy Parker, Patrick Staggs and Mike Kelly, and Senior Agents Toby Meyers, Ryan Brasher, Jared McIver, and Agent Harold Dunn. 


THREE MEN CITED IN CAMERON PARISH FOR SHOCKING FISH

Louisiana Department of Wildlife and Fisheries Enforcement Division agents cited three men on Aug. 17 for alleged fishing violations near Lacassine Bayou in Cameron Parish.

Michael Andrus, 52, Dane Tilley, 43, and Grant Derouen, 20, all of Lake Charles were cited for taking fish illegally by means of electricity. 

Agents observed Tilley and Derouen occupying one boat using a trolling motor along the bank of the Intracoastal Waterway at Lacassine Bayou.   Andrus occupied a second boat following behind Tilley and Derouen under power by a trolling motor.  Each boat had fish shocking equipment hooked up to 12-volt batteries suspended in the water alongside their vessels.  After interviewing the three men, Tilley admitted to taking the catfish in their possession by means of electricity or what is commonly known as shocking.

Seized in connection with the violations were two boats, two out board motors, two boat trailers, two trolling motors, two ice chests, two dip nets, two shocking devices and 174 pounds of catfish.  The catfish were donated to the Salvation Army in Lake Charles.

The penalty for taking fish illegally is a fine between $400 and $950 dollars, or jail time up to 120 days, or both plus court costs and forfeiture of anything seized.

Agents participating in the case were Senior Agents Aaron Herpin, Chris Hoag, Beau Robertson, and U.S. Fish and Wildlife Service Special Agent Cleve Pugh.


L.D.W.F. ENFORCEMENT DIVISION HONORED WITH KEEP LOUISIANA BEAUTIFUL AWARD

The Louisiana Department of Wildlife and Fisheries Enforcement Division received a 2006 Keep Louisiana Beautiful award at the 5th annual Department of Environmental Quality’s Keep Louisiana Beautiful Conference on Aug. 24 in Lake Charles.  In all, DEQ recognized 11 award winners at the conference.

The Keep Louisiana Beautiful awards are designed to give special recognition to organizations that have developed outstanding litter prevention, beautification and community improvement, waste reduction and law enforcement programs in their communities. Recipients of the awards may include nonprofit, civic, community organizations, youth groups, schools, government agencies, businesses and professional organizations. 

The Dianne Chandler Award is given to a citizen of exceptional leadership in raising public awareness about litter prevention, roadside and community beautification, solid waste issues and the need for citizens to participate in activities that preserve and enhance natural resources and public lands.

This year the award winners are:

BEAUTIFICATION AND COMMUNITY IMPROVEMENT: 1. St. Martin Parish Sheriff’s Office, Sheriff Ronny Theriot; 2. Entergy Corporation; 3. Covington Gardens Partnership.

LITTER PREVENTION: 1. Keel Slidell Beautiful, Parade Anti-Litter Program; 2. City of Denham Springs; 3. Lake Pontchartrain Basin Foundation.

LAW ENFORCEMENT: 1. LDWF, Law Enforcement Division; 2. Ouachita Parish Sheriff’s Deputy Richard Elam; 3. Lafayette Consolidated Government, Environmental Quality Division.

WASTE REDUCTION: 1. Lafayette Consolidated Government, Environmental Quality Division

DIANNE CHANDLER AWARD: Ralph Sterba, retired from Barksdale Air Force Base in Bossier Parish. Sterba is credited for beginning curbside recycling on the base, along with other recycling efforts at Barksdale.


SHARK FISHERMAN PENALIZED FOR SHARK FINNING

Commercial fisherman, Dan Tran Nguyen, 64, of Boothville, who also owns the Miss Karyn, settled a civil assessment with the National Oceanic and Atmospheric Administration’s Southeast Region on Aug. 15, 2007, in New Orleans.

Nguyen settled his assessment before Administrative Law Judge Thomas E. P. McElligott.  An assessment of $165,000 was made for the violation of shark finning that occurred on Sept. 18, 2006.  Shark finning is the illegal practice of taking a shark at sea, removing and retaining the fins and then returning the shark carcass to the water. 

Nguyen’s settlement requires him to pay 75 percent of the assessed value or $123,750 over a three-year period plus interest.  The assessment must be paid by monthly payments. 

His settlement also includes a 170 day permit sanction starting Oct. 1, 2007, and four years probation with conditions that he not violate any laws pertaining to federally controlled fisheries or that he does not miss any monthly payments.  Nguyen is also now required to operate a Vessel Monitoring System (VMS) when fishing.

While working under a Joint Enforcement Agreement between the Louisiana Department of Wildlife and Fisheries (LDWF) Enforcement Division and the National Oceanic and Atmospheric Administration Office (NOAA) for Law Enforcement, LDWF agents observed Nguyen offload fins disproportionate to and in excess of his allowed trip limit of 4,000 pounds on Sept. 18, 2006.  Nguyen was observed secretly offloading fins from the Miss Karyn just after midnight.  He then transported the fins to his residence where agents stopped him.  The agents were able to determine that Nguyen had taken a total of 1,234 sharks at sea but landed only 219 carcasses, less than 18 percent.  He retained fins from all of the sharks and discarded 1,015 carcasses back to the water.

Handling the case for NOAA was Attorney Cynthia S. Fenyk and National Marine Fisheries Service Special Agent Steve Campbell.  LDWF Region 8 agents participating in the case were Lt. Robert Martin, Sgts. Scot Keller and Eddie Skena, Senior Agents Roy Pier, Villere Reggio III, Jason Gernados, and Jason Russo, and Agent Derek Sampey.  LDWF Special Investigations Unit agents included Lt. Jay Diez and Senior Agent Buck Hampton.


KRAEMER MAN ARRESTED FOR CRAB TRAP THEFT

Louisiana Department of Wildlife and Fisheries Enforcement Division agents apprehended a Kraemer man for multiple counts of theft of crab traps on Aug. 7. 

Agents arrested Lawrence Loupe Sr., 56, at his residence after an investigation of possible crab trap theft.  Acting upon a complaint from a confidential informant, agents discovered a total of 14 allegedly stolen crab traps at Loupe’s residence belonging to numerous fisherman.  The traps were believed to have been allegedly stolen in Lake Des Allemands.

If convicted of theft of crab traps, Loupe could face fines of $400 to $950, or jail time up to 120 days, or both plus court costs for each count.

 
Agents participating in the case were Sgt. Davis Madere, and Senior Agents Edward Ridgel, Jamie Folse and Dean Aucoin. 


RACELAND MAN SENTENCED FOR DWI AND HIT AND RUN

On June 15, 2007, Clifton Thibodeaux Jr., 33, of Raceland, pled guilty to operating a vessel while intoxicated, and hit and run charges.

Louisiana Department of Wildlife and Fisheries Enforcement Division agents were dispatched to a boating accident, which occurred in the Company Canal in Lafourche Parish near Lockport on July 17, 2006.  Agents conducted an investigation where it was determined that Thibodeaux caused a boating accident with another vessel that inflicted severe injuries to the two occupants of the second vessel and then fled the scene. 

When agents located Thibodeaux, he showed obvious signs of impairment and was transported to the local jail where sobriety testing led to his arrest for reckless operation of a watercraft, hit and run, and fourth offense DWI.

Thibodeaux received a prison sentence of 10 years for each offense at hard labor to run concurrent.  He was also ordered to pay a $5,000 fine plus court costs.

He was taken into custody by the Lafourche Sheriff’s Office and will remain at the Lafourche Parish Jail until his transfer to the Department of Corrections.  The case was handled and prosecuted by Lafourche District Attorney Cam Morvant’s office.

Agents participating in the case were Senior Agents Thomas Dewitt and Jamie Folse. 


FIVE CITED FOR SHRIMPING DURING A CLOSED SEASON

Louisiana Department of Wildlife and Fisheries Enforcement Division agents acting on an Operation Game Thief complaint cited four men and one woman on three separate shrimping vessels in Iberia Parish, east of Marsh Island, for allegedly shrimping during a closed season inside state waters on Aug. 8.

Agents cited Than Van, 29, of Buras, and Van Lol, 52, of Orlando, Fla. for allegedly trawling during a closed season and failure to display a valid certificate decal.

On the second vessel, agents cited Vui Van, 46, and Co Thi Nguyen, 45, both of Buras for allegedly trawling during a closed season, taking shrimp with illegal size gear and failure to display a valid certificate decal.

On the third vessel agents cited Mong Van Vo, 44, of Empire for allegedly trawling during a closed season.

The cases were made in Zone 2 in closed state waters.  Zone 2 opened Aug. 13 at noon.  A total of 13,660 lbs. of white shrimp was seized and sold for $12,294.  Six skimmer nets were seized and are being held as evidence.

Taking shrimp during a closed season carries a fine between $400 and $750, or jail time up to 120 days, or both plus court costs and forfeiture of anything seized.  The penalties for taking shrimp with illegal gear is a fine between $250 and $500, or jail time up to 90 days, or both plus court costs.  Failure to display a valid certificate decal is punishable by a fine of $50, or 15 days in jail or both.

Agents participating in the cases were Senior Agents Jason Romero and Donnie Bozeman and Agent Jason Marks.


RETIRED WILDLIFE AND FISHERIES CAPTAIN HONORED FOR BOATING ACCOMPLISHMENTS

Retired Louisiana Department of Wildlife and Fisheries Enforcement Division Capt. Robert Duthu was the recipient of the John Garlington Lifetime Achievement Award at the annual Wildlife Agents Association Convention held on July 28 in Baton Rouge. 

Capt. Duthu had a long career with LDWF that began in 1981 as a field agent working out of region 6A.  He received the Agent of the Year Award in 1987-88.  In 1990, he was brought to headquarters with a promotion to sergeant; he made lieutenant in 1995 and by 1999 he was wearing the insignia of captain.  Capt. Duthu retired from the department in October of 2005.

Capt. Duthu received extensive training in boating throughout his career attending the U.S. Coast Guard Auxiliary training for boating skills and seamanship, vessel examiner, crew member, national search and rescue school for inland search and rescue and many others.

Robbie, as his friends call him, was a key player during hurricane season working long, stressful hours at the Governor’s Office of Homeland Security and Emergency Preparedness and was instrumental in coordinating the states Search and Rescue (SAR) efforts and planning. 

According to Col. Winton Vidrine, Cap. Duthu was instrumental in developing Boating Education in Louisiana.  “Robbie pioneered boating education in Louisiana and was one of the first at headquarters to utilize the computer technology that we now take for granted,” Vidrine said.  “Robbie’s strong work ethic and dedication to the Enforcement Division was recognized and rewarded with this John Garlington Lifetime Achievement Award.  He will also be remembered as a good friend who always had time for a smile and a kind word.”


SHARK DEALER PLEADS GUILTY

The owner of Ocean Fresh Seafood LLC, Hang Thanh Nguyen-Musselman, 53, of New Orleans, pled guilty in the U.S. District Court, Eastern District of Louisiana on July 11, 2007. 

Nguyen-Musselman entered the plea before U.S. Magistrate Daniel E. Knowles, III.  Her plea was to a bill of information, from April 4, 2007, for violations of the Federal Lacey Act for purchasing shark fins and shipping them in interstate commerce without a required Louisiana wholesale/retail dealer’s license. 

In a joint investigation by the Louisiana Department of Wildlife and Fisheries (LDWF) Law Enforcement Division and the National Oceanic and Atmospheric Administration Office (NOAA) for Law Enforcement found Nguyen- Musselman had purchased 7,130 pounds of dried shark fins and sold them to two companies in California without a legal license.  The shark fins in this case represented over 400,000 pounds of whole shark.

Nguyen-Musselman pled guilty to one count of violating the Federal Lacey Act.  Magistrate Knowles accepted the plea and sentenced her to three years supervised probation, and ordered her to pay a $5,000 fine, $25 assessment fee and $500 in restitution to the Louisiana Wildlife and Fisheries Foundation.

Prosecuting the case was Assistant U.S. Attorney Emily Greenfield.  Agents participating in the case were Senior Agent Buck Hampton, Senior Agent Joel Cromp and Special Agent Steve Campbell.  This case demonstrates the positive impact of the Joint Enforcement Agreement between NOAA and LDWF.