FISH POACHERS PLEAD GUILTY TO ILLEGAL FISH HARVESTING CONSPIRACY

FROM:  U.S. JUSTICE DEPARTMENT 

Friday, August 1, 2014

Two Maryland Fishermen Plead Guilty to Illegal Fish Harvesting Conspiracy in the Chesepeake Bay

Ship Captains Poached Hundreds of Thousands of Pounds of Striped Bass

Michael D. Hayden, 41, and William J. Lednum, 42, both of Tilghman Island, Maryland, pleaded guilty to conspiring to violate the Lacey Act and to defraud the United States through their illegal harvesting and sale of striped bass, announced Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division Sam Hirsch, U.S. Attorney for the District of Maryland Rod J. Rosenstein; Superintendent of the Maryland Natural Resources Police Colonel George F. Johnson IV and Regional Special Agent TWOin Charge for the U.S. Fish & Wildlife Service Honora Gordon.

“These defendants admitted to systematically plundering the Chesapeake Bay of an important and protected natural resource, and at the expense of the many honest fishermen who play by the rules,” said Acting Assistant Attorney General Hirsch. “The Justice Department is committed to enforcing environmental laws that protect our shared natural resources and sustain the vital marine life of the Chesapeake Bay for future generations.”

According to their plea agreements, Hayden and Lednum were “captains” on fishing vessels owned by them, William J. Lednum Fisheries d/b/a Michael D. Hayden Jr. and Michael D. Hayden, Jr., Inc.  The defendants also employed numerous “helpers” as part of this scheme, including co-defendant Kent Sadler.

From at least 2007 to 2011, Hayden and Lednum illegally harvested, possessed, falsely labeled and/or sold at least 185,925 pounds of striped bass.  They used illegally weighted and/or anchored gill nets, left the nets in the water overnight, and set the nets during times when the commercial striped bass gill-netting season was closed.  The defendants exceeded their maximum daily vessel limit of striped bass and either unloaded the surplus onto an anchored vessel or paid others a fee to check-in fish for them.  Hayden and Lednum falsified the permit allocation cards and daily catch records for their striped bass fishing trips to over-report the numbers of striped bass caught and under-report the weights.  This allowed them to request additional state tags under false pretenses and therefore harvest additional striped bass illegally.

Hayden and Lednum shipped and sold $498,293 worth of striped bass to wholesalers in New York, Pennsylvania, Delaware and Maryland.  None of the fish was properly reported at check-in stations or on the permit allocation cards of daily catch records submitted to the state of Maryland.   Maryland in turn submits such paperwork to numerous federal and interstate agencies responsible for setting harvest levels all along the eastern seaboard.

The investigation in this case started in February 2011 when the Maryland Department of Natural Resources found tens of thousands of pounds of striped bass snagged in illegal, anchored nets before the season officially reopened.  The conspirators were seen on the water in the vicinity of the illegal nets. The subsequent investigation unveiled a wider criminal enterprise to which Hayden and Lednum pleaded guilty today.  Co-defendant Kent Conley Sadler, 31, also of Tilghman Island, previously pleaded guilty to his participation in the conspiracy and is scheduled to be sentenced on Oct. 21, 2014.

Hayden and Lednum face a maximum sentence of five years in prison and a $250,000 fine.  The defendants have agreed to pay restitution to the state of Maryland of between $498,293 and $929,625.  The defendants have further agreed to forfeit the monetary equivalent of 80 percent of the value of the vessel primarily used during the conspiracy.  U.S. District Judge Richard D. Bennett scheduled sentencing for Hayden and Lednum on Nov. 4 and Nov. 5, 2014 respectively.

This case was investigated by investigators from the Maryland Department of Natural Resources and special agents with the United States Fish and Wildlife Service.   The case is being prosecuted by Assistant U.S. Attorney Michael Cunningham, of the District of Maryland, and Todd W. Gleason and Shennie Patel of the Environmental Crimes Section of the Environment and Natural Resources Division of the U.S. Department of Justice.

CHARTER FISHING BOAT CAPTAIN PLEADS GUILTY TO LACEY ACT VIOLATIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, January 9, 2013
Virginia Charter Fishing Boat Captain Pleads Guilty to Felony Lacey Act Violation

WASHINGTON – Jeffery S. Adams, 41, of Hudgins, Va., and his corporation Adams Fishing Adventures Inc. pleaded guilty today to trafficking in illegally-harvested striped bass, in violation of the Lacey Act. Among other things, the Lacey Act makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase any fish and wildlife taken, possessed, transported or sold in violation of any law or regulation of the United States, or to attempt to do so. Under the Lacey Act, it is a "sale" of fish or wildlife for any person, for money or other consideration, to offer or provide guiding, outfitting, or other services.

Ignacia S. Moreno, Assistant Attorney General for the U.S. Department of Justice’s Environment and Natural Resources Division, and Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by U.S. District Judge Mark S. Davis.

Adams and Adams Fishing Adventures were indicted on Nov. 8, 2012, by a federal grand jury on charges of conspiracy, Lacey Act violations and false statements. Adams faces a maximum penalty of five years in prison and a $250,000 fine, as well as forfeiture of the fishing vessel used during the commission of the crimes. Adams Fishing Adventures Inc. faces a maximum fine of $500,000, as well as forfeiture of the fishing vessels used during the commission of the crimes. Sentencing is set for April 18, 2013.

In a statement of facts filed with his plea agreement, Adams and Adams Fishing Adventures admitted that they sold a charter striped bass fishing trip on Jan. 19, 2010, for $800. As part of that charter fishing trip, Adams knowingly took his charter clients into the exclusive economic zone (EEZ) to harvest striped bass, even though Adams knew that it was a violation of federal law to harvest striped bass inside the EEZ. Adams’ clients illegally harvested 10 striped bass within the EEZ on Jan. 19, 2010, and Adams then transported the illegally harvested striped bass back to Rudee Inlet in Virginia Beach, Va., where the sale of Adams’ charter fishing services was finalized.

This case was investigated by the National Oceanic and Atmospheric Administration, Fisheries, Office for Law Enforcement, and the Virginia Marine Police with assistance from the Federal Communications Commission Enforcement Bureau, Norfolk, Va. Office. Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Stephen W. Haynie from the Eastern District of Virginia are prosecuting the case on behalf of the United States.