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GratefulDiver

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http://www.foxreno.com/news/6846944/detail.html

Feds Bust Up Illegal Shark Selling Ring

POSTED: 2:48 pm PST February 8, 2006
UPDATED: 7:20 pm PST February 8, 2006

SAN FRANCISCO -- A federal grand jury has indicted six men -- including an East Bay pastor -- on charges of criminally catching and selling thousands of undersized juvenile leopard sharks allegedly harvested from the San Francisco Bay.

The indictment, which was returned on Jan. 24 and unsealed Tuesday afternoon, alleges that the pastor of a San Leandro church, four men involved in the aquarium industry, and a fisherman violated the Lacey Act, which makes it a federal offense to knowingly sell or purchase fish, wildlife or plants that were captured in violation of any underlying law.

Prosecutors said the Lacey Act charges specifically incorporate California state law, which places a minimum size limit of 36 inches for any commercial harvest of California leopard sharks.

The indictment charges five of the six men with conspiracy to harvest thousands of undersized (under 36 inches in length) California leopard sharks from the San Francisco Bay, and then sell and ship the juvenile sharks to pet trade distributors throughout the U.S. and the world.

The indictment specifically charges that approximately 465 juvenile leopard sharks were sold to companies in Miami, Chicago, Houston, Romulus, Mich., Milford, Conn., the Netherlands and the United Kingdom.

The U.S. Attorney's office said the men indicted are:

--Kevin Thompson, 48, of San Leandro, the pastor at the Bay Area Family Church, Holy Spirit Association - Unification Worldwide Church in San Leandro. Thompson and the church co-owned at least one vessel, prosecutors say.

--John Newberry, 34, of Hayward, worked at Pan Ocean Aquarium Inc. and was previously a commercial fisherman.

--Ira Gass, 53, of Azusa, is a marine aquaria dealer in Azusa who operated Indorica Fish Imports, an aquaria business.

--Hiroshi Ishikawa, 36, of San Leandro, was a member of the Bay Area Family Church in San Leandro and a fisherman.

--Vincent Ng, 43, of Oakland, owned Amazon Aquarium Inc. in Alameda.

--Sion Lim, 39, of San Francisco, owned Bayside Aquatics, which is located in Oakland, and was charged with one violation of the Lacey Act for the illegal sale of juvenile leopard sharks on May 6, 2004.

The U.S. Attorney's office says California leopard sharks are a species of shark within the Triakidae family and are commonly found in ocean waters along the Oregon, California, and Baja Mexico coasts.

Juvenile leopard sharks are commonly found in bays and estuaries from the California-Oregon border south to Baja, Mexico.

Major pupping areas where young California leopard sharks are born are found within San Francisco and Monterey Bays as well as the southern California coast.

The pupping season extends from March through July with a peak between April and May. Pups are born live and are approximately 10 inches long.

The U.S. Attorney's office said both the John G. Shedd Aquarium in Chicago, Ill., and the Monterey Bay Aquarium in Monterey collaborated with and assisted federal wildlife agents and Illinois Conservation officers in the transport and care of 19 baby leopard sharks confiscated during the course of the investigation.

Prosecutors said the baby sharks, which ranged in size from eight-and-a-half to 17 1/2 inches, were shipped to California in July 2004 by Shedd Aquarium staff and received further care at the Monterey Bay Aquarium. Nine were ultimately returned to the wild in Monterey Bay in the summer of 2004.

Three remain on exhibit at Monterey Bay Aquarium and seven died either at the Shedd Aquarium or the Monterey Bay Aquarium because of their poor condition at the time they were confiscated, according to prosecutors.

Five of the individuals identified in the indictment were arrested Tuesday at various locations around the East Bay and Ira Gass was arrested in Los Angeles on Monday.

All of those arrested made their initial appearances in federal court in Oakland and Los Angeles on Tuesday.
 
The last time i was out at the trop Ray actually told me about this whole thing. He didn't actually have any of the sharks when the feds stopped in, so they aren't getting into any trouble, but he said that someone else in the area got nailed. The feds warned him not to get leopard sharks again. From what he said, I gather that the feds will go after anyone that they even hear of having a leopard shark from now on.
 
All I can say is if you know the laws (and you should if you're in the business of dealing with livestock) and you break them it matters not if you were caught red handed or if you passed the goods on before you were caught. Dealing in animals that are protected like this means ignorance is not an excuse. The "I did not know it was illegal" excuse is weak :)

To clarify my position:

Any person who deals in live stock whether it be a illegally imported Parrot, Monkey, Gorilla, etc is obligated by ethics and law to make sure they know that the animal was collected legally and ethically. Ignorance to the law is not excuse as I said above. Action such as these will lead to importation bans on legally acquired animals and will hurt everyone in the end. You do not have to like what I am saying if it clashes and you may vehemently defend your position as well :)
 
Mike said:
All I can say is if you know the laws (and you should if you're in the buisness of dealing with livestock) and you break them it matters not if you were caught red handed or if you passed the goods on before you were caught. Dealing in animals that are protected like this means ignorance is not an excuse. The "I did not know it was illegal" excuse is weak :)
I think that before you guys start making judgements, you better be sure that you have the entire story. If the stock was represented as captive bred, then how are they at fault? You'll have to expain that one to me. Let's wait until the facts are in. All that was said in the post was that they didn't get in trouble.... probably was a good reason for that.

Some people on this board look for reasons to bash Tropicorium because they have an ax to grind.
 
I have to agree with Pat here.
I must admit I find the title of this thread very "national enquirer" it clearly states in the article who was indicted-and only mentions that a store in their area purchased some -along with many others.
 
pjr said:
Good idea.... even though you may have intended it to be a broad statement, didn't come off as one (evidenced per subsequent posts by other viewers).
By one person to be sure.

Hopefully all the people who have one of these in their posession will face consequences so as to deter others from trying to collect these illegally.
 
With the whole thread being directed at the Trop, it did appear that way Mike whether it was intended or not.
I read thru several news articles on this and nowhere found any indication that the stores were even suspected of wrongdoing in this.
 
It was not directed directly at them but rather to any store dealing in these. It is my position that you should know what you're stocking and who you're ordering it from.

Another example ------far away from this to take the direction away from the aformentioned vendor.

If I were to walk into a store and saw an Acropora Palmata (Carribean sp.) I would get on the phone to the authorities without question. These corals are illegal to collect in US water and illegal to import to the US without a permit that is issued to researchers.

Or if I were to see a Claroin Angel fish which is found in the waters of Mexico and is protected and illegal to collect and export from Mexico I would also call the authorities.

I am a hobbyist, I would love a Clarion Angel fish but not a the cost of supporting things that are illegal. I would love an Elkhorn Acroora as well but again I would not want it at the cost of having it collected illegally. It is mu opinion that when you're in buisness you should know what is illegal to import and what is ok. I am expected to know much in my job so as to do no harm and prevent mistakes that can and do kill people. I can not say to the authorites, "Sorry I did not realize the doctor ordered 100 mg of morphine IV instead of the 10 it should have been, I did not know that this was a lethal dose, I never called the pharmacist to ask why they filled this and I did not double check it before I hung the bag and ran it". Bottom line is even if the other guy messes up there is a degree of personal responsibility for ones actions. That is what I wanted to convey.

Not throwing anyone under the bus......... Just food for thought.
 
I've been in this hobby for close to three years now and the only thing I heard about being illegal is carribean corals... I only heard that because I was bored right around christmas and read a thread on RC where borneman said Bomber had illegal carribean corals...

Exactly how do people find out what is illegal in this hobby? My take on laws is that there are so many that not even police, judges and lawmakers know them all. But, people are expected to know them all and abide by them. I just don't see how LFS employees/owners are supposed to know about every illegal thing in this hobby. Is there some type of list that is given to a LFS?
 
I bet if they checked with the Department of Fish and Wild life, NOAA, US Customs they would have a list. It is a lot to keep up with but is it an obligation to keep up with it and ensure that only animals collected ethically and within the limits of the law are offered for sale?
 
The degree of responsibility increases as you go up the chain of custody. As a hobbyist if you have an Acropora palmata in your tank, you're not in danger of the feds busting down your door (unless you collected it yourself). As a store, you have a little more to worry about because the expectation of knowledge of the laws is greater. As an importer or collector, an Acropora palmata in your possession can mean the next 5 years sharing an 8x8 room with a guy named Bubba. There might not be any legal basis for what I just said, but that's the way it seems to happen in the real world.

I won't comment on what Tropicorium did or didn't do in legal terms, because I'm ignorant of the whole situation. What I find sickening from the article is that that many leopard sharks are collected for the pet trade whether it's legal or not. This is an animal that requires a multi-thousand gallon aquarium chilled to sub-tropical temperatures. How many people in Michigan have a tank that can responsibly keep a leopard shark into adulthood? Am I nuts for being disgusted at the thought of thousands of leopard shark pups being taken from one collection site? -confused
 
Kirbster said:
What I find sickening from the article is that that many leopard sharks are collected for the pet trade whether it's legal or not. This is an animal that requires a multi-thousand gallon aquarium chilled to sub-tropical temperatures. How many people in Michigan have a tank that can responsibly keep a leopard shark into adulthood? Am I nuts for being disgusted at the thought of thousands of leopard shark pups being taken from one collection site? -confused
Yes that is sickening. Honestly I dont really like to see any sharks for sale.
I just dont feel they belong in a home aquairium.
 
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