Rock Lobster at Risk?

[Toko]

Lobster poaching - 3 must pay R293m to SA, says US court

17 June 2013
John Harvey

A US judge has ordered three men to pay the South African government $29.5-million (R293-million) in restitution for the unlawful harvesting of Western Cape rock lobster over a 14-year period.

The order by US District Judge Lewis Kaplan in New York on Friday makes this the largest known restitution order to South Africa in terms of environmental crime.

It is also the largest restitution in a Lacey Act case in history. The Lacey Act is a federal statute that makes it a crime to import into the US any fish, wildlife or plants taken in violation of state or foreign law.

Kaplan said a credit of more than $7-million (R70-million) of the R293-million had already been paid by the men to South Africa as part of a separate criminal case.

The order, based on a recommendation by US magistrate Andrew Peck in August last year that the men be made to pay $54.8-million (R446-million at the time) in restitution, was yesterday applauded by the Department of Agriculture, Forestry and Fisheries (DAFF).

Spokeswoman Palesa Mokomele said: "We welcome this decision. It is a massive coup, not only for DAFF but the whole country, because it will send out a strong message to poachers that they will be punished if they break the law.

"It sends out a message to poachers that the authorities are watching, and action will be taken. The amount is not as much as the recommendation, but it is still highly significant."

Between 1987 and August 2001, Arnold Bengis, 77, then managing director of Hout Bay Fishing Industries, his son David Bengis, 43, and Jeffrey Noll, 62, chairman and president of Icebrand Seafoods and Associated Sea Fisheries in Manhattan, engaged in an elaborate scheme to harvest illegally large quantities of South and West Coast rock lobster and then to export the lobster to the US.

All three are South African citizens but also hold US citizenship. The Bengis family currently lives in London, while Noll lives in Boca Raton in Florida.

The men underreported the fish harvested to South African authorities and bribed South African fisheries inspectors to help them carry out their illegal harvesting scheme.

They also submitted false export documents to South African authorities. In addition, they arranged for previously disadvantaged South African citizens who did not have valid US working permits to work for low wages at their fish processing facility in Portland, Maine, where the employees were required to process the illegal rock lobster.

The US attorney for the Southern District of New York, Preet Bharara, said on Friday: "As today's order demonstrates, those who violate the environmental laws of another country by illegally taking fish, wildlife or plants and then import these items into the US will be required to pay back the victims of their offences."

Wilderness Foundation head Andrew Muir was elated with the ruling.

"It [the order] is highly significant because while there is an emphasis on rhino poaching, we often lose perspective that illegal activity is also going on in other spheres, like elephant, abalone and lobster poaching ... around the country.

"To my knowledge, this is the biggest environmental restitution payment to South Africa. This [order] signals that there is a global attitude towards stamping out environmental crime."

Muir hoped South Africa would use the funds to "rebuild" the depleted rock lobster population and create effective law enforcement structures to curb poaching. "The window to save endangered species is closing unless actions like this court ruling continue to be made."

In 2003, all three men were charged with importing illegally harvested South African South Coast and West Coast rock lobster into the US. The indictment alleged the lobster had been harvested in violation of both South African law and international convention, by being caught in amounts well in excess of the quota established by South African law or without required permits. In 2004, Arnold Bengis and Noll each pleaded guilty to one count of conspiracy to violate the Lacey Act and to commit smuggling, and three separate counts of violating the act. Arnold Bengis served 46 months, Noll 30 months and David Bengis a year.

While all men served their sentences, in January 2011, the US Court of Appeals for the Second Circuit overturned Kaplan's 2007 ruling and held instead that South Africa had a property interest in illegally harvested rock lobster and, therefore, that the defendants had committed an "offence against property", thereby entitling South Africa to restitution.

[Sprocky]

Good news, now lets just hope that this money doesn't fall into the wrong local hands.

[Buttercuppy]

"It [the order] is highly significant because while there is an emphasis on rhino poaching, we often lose perspective that illegal activity is also going on in other spheres, like elephant, abalone and lobster poaching ... around the country.

Very true.

[iNdlovu]

Excellent. Those that defile nature....beware.

[Lisbeth]

Maybe this will be an eye opener also to SA as the the crime was committed there and never discovered.

bribed South African fisheries inspectors

Who is going to control the ones who are supposed to control?

[iNdlovu]

One of the biggest problems we have in this country Liz

[Sprocky]

That is also one reason why I can't see the legalizing of rhino horn trade working...no control.

[Toko]

WWF welcomes rock lobster recovery plan

14 NOV 2013 08:01

With the current stocks estimated to be at 3% of their pre-fishing levels, the West Coast rock lobster (WCRL) resource is facing an imminent risk of collapse, which in turn poses significant risks to both the fishers who rely on this resource and the health of our marine ecosystems.
WWF-SA therefore welcomes the Department of Agriculture, Forestry and Fisheries' (DAFF) recent decision to set the 2013/14 total allowable catch (TAC) for this fishery in line with the current recovery plan targets. However, this should not be seen as the solution to all of the challenges in this fishery.

Illegal fishing remains a significant threat for a number of inshore resources such as WCRL and abalone and there is an urgent need for DAFF to work with key stakeholders in this fishery to develop a clear and cohesive approach to address this threat.

Remaining challenges

Further challenges remain around improving the understanding of the human dimensions of fisheries, in particular their role in securing coastal livelihoods and food security, both of which are key components of effective and equitable fisheries management.

While challenges around the allocation of the TAC remain political rather than ecological decisions, effective fisheries management must be evidence-based and informed by best available science. WWF-SA is encouraged by the department's commitments to managing our resources in an ecologically sound manner based on proven scientific principles and remains committed to working with DAFF and other stakeholders towards the implementation of these commitments.

[Toko]

Here the new regulations

Dept announces allowable catch for west coast rock lobster

11 NOV 2013 08:33

PRETORIA: The total allowable catch for the West Coast Rock Lobster 2013/2014 fishing season has been set at 2,167.06 tons, says acting deputy director general: fisheries management, Desmond Stevens.

The global TAC for the previous season was set at 2426 tons.

Speaking at a media briefing in Cape Town on Wednesday, 6 November 2013, Steven said the apportionments had been determined following an extensive consultation process with all the affected and relevant sub-sectors in the sector.

"This was not any easy task and the department believes the following apportionment is the most equitable compromise it could reach," said Stevens.

He said the total allowable catch apportioned to the commercial offshore sub-sector is set at 1,356.56 tons and for the commercial nearshore sub-sector it is set at 451 tons. The total allowable catch apportioned for the subsistence (small-scale/interim relief) sub-sector, is set at 276 tons (138kg per fisher).

The apportionment for the recreational fishing sub-sector remains unchanged at four west coast rock lobsters per person per day for the duration of the fishing season. The number of fishing days for the 2013/2014 recreational fishing season has been determined at 26 days.

The 2013/2014 west coast rock lobster recreational fishing season opens on 15th of November 2013 and closes on the 21st of April 2014. Recreational permit-holders collecting and landing of west coast rock lobster may do so only between 8am - 4pm, with the rock lobsters landing by 4pm.

The size restriction remains at 80mm carapace length and recreational fishing permits will only be issued to persons above the age of 12 years. Any west coast rock lobster caught, collected or transported shall be kept in a whole state. West coast rock lobster caught with a recreational permit may not be sold by any person.

Recreational west coast rock lobster permits are obtainable at the Post Office at a cost of R92 per permit and are valid for the entire recreational fishing season.

Steven said the Department of Agriculture, Forestry and Fisheries was committed to implementing the West Coast Rock Lobster operational management plan aimed at the recovery of the resource.

"We are also committed to contribute in rebuilding our coastal communities through their daily struggles in making dignified livelihoods through fishing," Stevens said, adding that the department will achieve this by balancing the diverse and sometimes contradictory interests of different users of the country's marine resources.

Over the last few months the department has undertaken to restore predictability in its policy making and allocation of fishery resources regime.

The department and the all relevant fishery stakeholders have collectively developed the operational management plan with a clear accumulative recovery target of 35% for West Coast Rock Lobster by 2021.

"We are determined to achieve this target to ensure the sustainability of this important fishery sector for the benefit of both present and future generations. Through sound scientific and management practises we have therefore set the global total allowable catch at 2 167.06 tons for this 2013/2014 season in support of the recovery target," he said.

He added that the decision to pursue the recovery target has been welcomed by WWF and carries the unanimous support of all the WCRL user sectors.

[Lisbeth]

Sounds like a lot, but I might be wrong