U.S. Department of Commerce
The United States Attorney's Office
Southern District of Florida

FOR IMMEDIATE RELEASE
August 3, 2009

KEYS LOBSTER OPERATION RESULTS IN ARRESTS

Jeffrey H. Sloman, Acting United States Attorney for the Southern District of Florida, Hal Robbins, Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, Southeast Division, Eddie McKissick, Resident Agent in Charge, U.S. Fish & Wildlife Service (FWS), Sean Morton, Superintendent of the Florida Keys National Marine Sanctuary (FKNMS) announced today that two lower Florida Keys residents, JOHN BUCKHEIM, 23,and NICK DEMAURO, 23, were arrested Friday in connection with an anti-poaching investigation, Operation Frost Bite, and made their first court appearances today in Miami. The defendants were arrested on federal charges alleging a conspiracy to illegally harvest spiny lobsters from artificial habitat placed in the FKNMS. According to the Indictment in the case and statements in court, the two defendants were directly involved in the harvest of spiny lobster over approximately a six month period beginning in the early summer of 2008 and extending into early 2009. Further court proceedings are not yet scheduled.

The two conspirators in the Indictment were each charged with harvesting spiny lobster within the FKNMS from illegally installed artificial habitat both prior to and during the lawful commercial harvest season, for sale in violation of the federal Lacey Act, all in violation of the federal conspiracy statute, Title 18, United States Code, Section 371. In addition, they each are charged with three substantive counts of violations of the federal Lacey Act, Title 16, United States Code, Sections 3372(a)(2)(A) and 3373, for taking spiny lobster in violation of the laws and regulations of the State of Florida. A Forfeiture Count in the Indictment alleges that a vehicle and a vessel are therefore subject to forfeiture to the United States upon the conviction of the defendants. The Lacey Act provides for forfeiture of vehicles, boats, gear, and equipment used to facilitate criminal conduct.

FKNMS regulations implemented in 1977, at Title 15, CFR §922.163(a)(3) prohibit any alterations of, or construction on the seabed of the Sanctuary. Constructing, placing, or abandoning any structure, material, or other matter on the seabed is prohibited as part of the effort to preserve the marine environment. The Indictment specifically charges that defendant BUCKHEIM sunk a vessel in October 2008 as part of their effort to place artificial habitat in the FKNMS.

Florida Administrative Code, Section 68B-24.006, which in part addresses gear that may be employed in harvesting lobster, and “Prohibited Devices,” states “(10) No person shall harvest any spiny lobster from artificial habitat.” The regulation defines artificial habitat as “any material placed in the waters of the state that is reasonably suited to providing cover and habitat for spiny lobster. Such material may be constructed of, but is not limited to, wood, metal, fiberglass, concrete, or plastic, or any combination thereof, and may be fabricated for this specific purpose or for some other purpose....” Other regulations in Chapter 68B prohibit any person from commercially harvesting, attempting to harvest, or having in their possession, regardless of where taken, any spiny lobster during the closed season. The sanctioned commercial season runs from August 6 through March 31 of the following year. An exception exists for the annual lobster sport mini-season.

Allegations contained in the Indictment include a non-exclusive list of dates of dive harvesting trips, weights of illegally harvested product, and payments made by check to the defendants from a Key West fish house for the illegally harvested spiny lobster, totaling approximately $11,398.00. The Indictment also asserts that the defendants displayed a commercial dive placard on BUCKHEIM’s vessel during the legitimate dive season although they were not entitled to use the commercial dive endorsement under Florida law.

The Florida Keys National Marine Sanctuary (FKNMS) is a 2,800 square nautical mile area that surrounds the entire archipelago of the Florida Keys and includes the productive waters of Florida Bay, the Gulf of Mexico, and the Atlantic Ocean. The FKNMS encompasses coastal and oceanic waters, and the submerged lands thereunder, surrounding the Florida Keys, and extending westward to include the Tortugas islands, but excluding Dry Tortugas National Park. Within these waters are spectacular, unique, and nationally significant marine environments, including seagrass meadows, mangrove islands, and extensive coral reefs. The FKNMS supports rich biological communities with extensive conservation, recreational, commercial, ecological, historical, research, educational, and aesthetic values of national significance. These environments also support high levels of biological diversity, which are fragile and easily susceptible to damage from human activities, but possess high value if properly conserved.

Mr. Sloman commended the coordinated investigative efforts of the NOAA Office For Enforcement, the U. S. Fish & Wildlife Service, and the technical assistance of the crew of the Florida Fish & Wildlife Conservation Commission vessel Peter Gladding and the Miami-Dade Police Department Underwater Recovery Unit for their assistance in this matter. This case is being prosecuted by Assistant United States Attorney Thomas Watts-FitzGerald.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.