Filed at July 28, 2010 under by Keys
By KEVIN WADLOW
kwadlow@keynoter.com
A Tampa man was charged Sunday with trying to get a three-day head start on lobster season in the Lower Keys. Leon A. Shabott, 46, faces misdemeanor conservation counts for taking 39 out-of-season lobster after Florida Fish and Wildlife Conservation Commission officers found him scuba diving in the Gulf of Mexico, north of Cudjoe Key.
According to the FWC, Shabott was diving off a private boat between the Content Keys and Sawyer Keys around 2:30 p.m. As a patrol boat approached, the operator of the private boat reportedly gunned the engines — which FWC operators interpreted as a warning to the diver.
Officer Jimmy Johnson reported that the diver tried to swim away from the area underwater but was easily tracked by his bubbles. Shabott surfaced and was taken into custody. FWC Officer Seth Wingard donned snorkel gear to search the area, and recovered a bag containing 39 wrong lobster tails. Three of the tails were undersized.
Shabott was booked on singular counts of taking 39 out-of-season lobster, possession of wrung tails on the water, possession of three undersized lobster, and exceeding the recreational bag limit.
FWC spokesman Bobby Dube said divers at Indian Key Fill in Islamorada were charged with taking lobster out of season last weekend, after being observed by an officer in plain clothes. The suspects, from the Miami area, had only a few lobster and were cooperative, Dube said.
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Filed at July 11, 2010 under by Keys
KEY WEST, Florida Keys — Melted butter is optional, but a taste for crustaceans is essential at the 14th annual Key West Lobsterfest scheduled Friday through Sunday, Aug. 6-8. The festival commemorates the start of the Florida Keys lobster season with events that include an open-air lobster feast on Key West’s famed Duval Street.
Florida lobsters, sometimes called spiny lobsters, are known for their sweet, tender meat. Unlike their northern cousins, the spiny specimens have no claws.
Purists savor them steamed, with each bite dipped in melted butter. They also can be baked and stuffed, served cold in salads or incorporated into dishes ranging from bisques to fritters to omelets.
The festival’s enticing “entrée” is the Key West Lobsterfest Street Fair, set for noon through 11 p.m. Saturday, Aug. 7, in the 100 through 500 blocks of Duval.
Lobster lovers can sample dishes ranging from tempting appetizers to traditional lobster dinners with all the trimmings. Chefs from as many as 20 local restaurants are to prepare specialties featuring fresh crustaceans caught by Florida Keys lobster fishermen.
Attendees also can browse and buy art, crafts and merchandise from on-site vendors.
A free outdoor concert is slated to begin at 1 p.m. and continue through 10:30 p.m. from a stage at the intersection of Duval and Greene streets. The talent lineup includes top local and regional acts Alphonse, Bubba System, Cool Breeze and Techno Dread.
Other Lobsterfest events include a kick-off party Friday, Aug. 6, at Rick’s/Durty Harry’s Entertainment Complex, 202 Duval St., a Friday night Duval Crawl and a mouthwatering lobster brunch Sunday, Aug. 8.
The crustacean celebration benefits a scholarship fund for Key West High School students.
For more information, visit www.keywestlobsterfest.com or e-mail info@ricksanddurtyharrys.com. For accommodations information in Key West, call the Key West Chamber of Commerce at 1-800-LAST-KEY (800-527-8539) or visit the Keys website at www.fla-keys.com.
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Filed at June 24, 2010 under by Keys
CITIZEN STAFF
http://keysnews.com/
Wildlife officers chased two suspected lobster poachers Saturday as they reportedly attempted to out-swim a state boat near Ohio Key, just east of Bahia Honda State Park.
One of the men swam to Sunshine Key Camping Resort in the hope of outrunning Florida Fish and Wildlife Conservation Commission officers, but was captured after a foot chase through the campground, agency spokesman Bobby Dube said.
Ivan Rodriguez, 46, and Nelson Amaro-Montesino, 27, both of Miami, were charged with taking lobster out of season, snorkeling with no dive flag, interfering with an officer and resisting arrest — all misdemeanors.
Officers found 31 lobsters in a dive bag and spearfishing equipment in the water after their arrest, Dube said. Of the 31 lobster, about a third were undersized and had been speared, he said.
The agency received a call around 7 p.m., reporting that two men were in the water just outside the Ohio Key Channel without a dive flag, Dube said. He did not know whether the call came from a boater or someone driving over the bridge. Two officers responded and watched the men from a distance before stopping them, Dube said.
“They tried to swim to shore and wouldn’t get in our boat,” Dube said.
As officers followed the men, Amaro-Montesino tired and eventually boarded the agency’s vessel, Dube said. Rodriguez made it to shore before officers corralled him in the campground, Dube said.
The Monroe County State Attorney’s Office is reviewing the case, and more charges could be pending, Dube said.
Back in the channel, officers found a milk jug with a spear gun tied to it and a bag containing lobster.
Both men were taken to jail in Marathon and county Judge Tegan Slaton set their bond at $74,000.
The lobster “mini season” runs July 28 and 29. Regular season begins on Aug. 6 and runs through March 31. It is illegal to spearfish for lobster any time, anywhere in Florida.
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Filed at June 15, 2010 under by Keys
By GARY PHILLIPS
KeysNews.com
Saturday, June 12, 201
Nearly nine months to the day after being accused of molesting a commercial lobster trap, two Key Largo men were convicted on third-degree felony charges.
Ruben Barbuscio, 62, and Daniel Peralta, 53, were led in handcuffs from a Plantation Key courtroom after Monroe County Circuit Court Judge Luis Garcia found them guilty on Thursday. The pair waived their right to a jury trial and opted to have their case heard by Garcia.
Their crime occurred on Sept. 11, when commercial fisherman Abilio Gil and his stepson, Yardiel Penton, videotaped Barbuscio and Peralta pulling a lobster trap belonging to commercial fisherman Dana Pettit onto Barbuscio’s boat between Rodriguez Key and Tavernier Creek.
In announcing his ruling, Garcia said the poor-quality video was of little value as evidence, but it did contain Gil’s spoken description of the defendants’ action. Gil was watching through binoculars while Penton operated the camcorder. Garcia said the eyewitness account was credible and weighed heavily in his decision.
Assistant State Attorney Colleen Dunne also provided photos of the trap, buoy and rope, and had the trap brought into the courtroom. She said the photos taken the day of the incident clearly show the rope and trap had been recently handled, as silt and marine growth on the items had been disturbed.
A sentencing hearing is set for June 29.
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Filed at June 12, 2010 under by Keys
BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com
It took a jury four hours Friday to find Harry Bethel Jr. and his two mates guilty of pulling another fisherman’s lobster traps three years ago.
Bethel Jr., 48, and co-defendants Shamus Davis, 32, and Lawrence Pinder, 54, were found guilty of one count of trap molestation, a third-degree felony with a maximum punishment of five years in prison. Each is scheduled to be sentenced before circuit Judge David Audlin on June 28.
Audlin granted Assistant State Attorney Val Winter’s request that fishing licenses for each man be revoked pending sentencing. Each could have their licenses permanently revoked at that time, Winter said. None of the defendants was taken into custody, as Audlin did not find them to be a threat to the community, Winter said. Each initially was charged with two counts of trap molestation. Jurors found them guilty of pulling only one of the two traps the state argued they molested while fishing aboard Bethel Jr.’s crawfish vessel, the Kayla Renee II, near Sugarloaf Key in 2007.
“They found them guilty on the trap that [a Florida Fish and Wildlife Conservation Commission (FWC)] pilot had under constant surveillance,” Winter said. Two FWC officers responded to the Kayla Renee II under the direction of FWC pilot Lt. John Murphy, according to court testimony. Much of the state’s case centered on Murphy’s testimony of what he saw while on patrol about 2,000 to 3,000 feet in the air.
Defense attorney Manny Garcia, who is representing Bethel, and Assistant Public Defender Christopher Bridger, assigned to the other two defendants, hammered away in their closing arguments Friday at what Murphy was able to see from that height. It was the second trial in the case, as prosecutors failed to convince a jury in January that the fishermen had molested any traps. Audlin declared a mistrial after jurors failed to reach a verdict in the first trial.
In an unrelated arson case, Bethel Jr. has not accepted a plea agreement offered by prosecutors. Winter declined to comment on the specifics of the offer until it has been legally accepted or rejected in court and made public. That charge carries a maximum of 35 years in prison and $5,000 in fines if Bethel is found guilty. Prosecutors allege he set fire to a thatched-roof tiki hut at the home of his cousin and business partner, with whom he was arguing, in September 2007.
Bethel is the son of former Key West City Commissioner Harry Bethel Sr. and current Key West Bight Board chairman.
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Filed at June 3, 2010 under by Keys
By KEVIN WADLOW
http://www.keysnet.com
Wednesday, June 02, 2010
Fifteen lobster tails were seized as evidence Monday when state wildlife officers arrested a St. Augustine man spearfishing near Grassy Key. Florida Fish and Wildlife Conservation Commission officers charged Bruce L. Beall, 39, with 19 misdemeanor counts of conservation violations.
FWC officers checked Beall when they saw him spearfishing in Gulf of Mexico waters north of Grass Key, FWC spokesman Bobby Dube said. It’s illegal to spear lobster, and to separate tails from the lobster body on the water. All the tails were undersized and taken in a closed season, Dube said.
If the lobster had been egg-bearing, “he’d have had the whole set” of possible crawfish violations, Dube noted. The incident was the most serious conservation violation reported from the Memorial Day weekend in the Keys, the officer said.
Lobster season is closed from April 1 to the sport-diving days the last Wednesday and Thursday in July.
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Filed at February 2, 2010 under by Keys
By ADAM LINHARDT Citizen Staff
Two Bay Point men were sentenced to a year in prison on charges that they conspired to poach lobster, a judge ruled Monday, closing the last chapter on two illegal lobster harvesting cases that snared eight people.
John Buckheim, 23, and Nick Demauro, 24, both apologized to federal Judge James Lawrence King, their friends, family and wildlife officers.
“I acknowledge and take full responsibility for what I did,” Buckheim said. “I was young and stupid and I’m not implying that I’m old or wise now, only that I’m heading in the right direction. … I’m sorry for this major mistake and you won’t find me in this position again.”
Demauro told the judge he had “taken everything for granted.”
Both men pleaded guilty in October to harvesting lobsters by diving on illegal artificial habitats, called casitas, primarily in the Content Keys area north of Big Pine Key, from July 2008 through October 2008, according to court documents.
The judge granted U.S. Attorney Thomas Watts-Fitzgerald’s request to delay their prison sentence 100 days so both men can continue their work removing as many as 600 casitas from Florida Keys waters. The judge ordered both to surrender to corrections officials on May 12.
The judge also allowed both men to resume legal commercial fishing immediately upon their release from prison, despite the prosecutor’s recommendation that both be prohibited during the two years of supervision that is to follow their release.
Miami defense attorneys Bruce Alter and Steven Potolsky urged the judge to consider the defendants’ ages, their clean criminal histories and their desire to make amends as mitigating factors at sentencing, but the prosecutor was unmoved, painting the men as astute fishermen who knew the risks involved.
“These were not youths who stumbled into this,” the prosecutor told the judge, describing taped conversations between the two men, and the hundreds of casitas they fished.
Buckheim and Demauro worked for David and Denise Dreifort of Cudjoe Key at one time. The latter were sentenced in July for spearheading a large lobster poaching ring that involved four other people, in a separate but related case. David Dreifort was sentenced to 2¬½ years in prison in July. His wife was sentenced to seven months in prison. Prosecutors found thousands of lobsters at one of their homes on Lookdown Lane last year.
Buckheim and Demauro began their own illegal operation after their stint with the Dreiforts, and they sold lobster to a Stock Island seafood company in 32 separate incidents for a total of $45,974, records say. The company has not been charged in the case, the prosecutor said.
Both men were warned by David Dreifort to cease their operation after he was indicted, but they continued, the prosecutor said. Federal agents began visual and electronic surveillance of Buckheim and Demauro during the larger investigation that involved the Dreiforts, reports say.
Both pleaded guilty as part of a plea agreement in which prosecutors dropped two charges that could have added at least 10 years to their sentences.
alinhardt@keysnews.com
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Filed at January 12, 2010 under by Keys
Jury selection began Monday and open arguments are expected today in the lobster trap molesting trial of three Key West residents. Harry Bethel Jr. faces two felony counts of lobster trap molesting for allegedly pulling fishermens traps near Mayland Shoal in the Atlantic Ocean off Sugarloaf Key in January 2008. Bethel, Lawrence Pinder, 59, and M. Shamus Davis, 30, rejected a plea agreement that called for a year in prison.Bethel is the namesake of a former Key West city commissioner and current Key West Bight Board chairman.
via Mile Markers | KeysNews.com.
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Filed at December 24, 2009 under by Keys
Restorative justice may include casita removalOperation Freezer Burn, a multiyear investigation by state and federal law enforcement agencies, took down two of the most legendary lobster poachers in the Florida Keys, Dave Dreifort, and his wife, Denise. Sentenced to 30 months and seven months respectively, the couple also was ordered to forfeit more than $1 million in property.
In addition to the Dreiforts, the investigation secured four other convictions with sentences ranging from 10 months in prison to a year on parole.A subsequent investigation, dubbed Frost Bite, successfully nabbed two more men who had worked with the Dreiforts in the past, John Buckheim and Nick Demauro, both 23 years old. Each of these men has pleaded guilty and now await their sentences.In the latter case, we have seen something a bit different. Buckheim and Demauro have taken it upon themselves to start undoing some of the harm they have done.In addition to poaching lobsters, much of the case made by the government revolved around illegal lobster habitats, or “casitas.”
These are man-made structures — often old oil drums or discarded appliances — intended to attract lobsters so they can be easily, and illegally, harvested.Tens of thousands of these casitas scattered throughout Florida Keys waters create what many experts consider an ecological disaster, disrupting natural migration patterns and tearing up the sea floor. Removal of the artificial lobster habitats is a major priority for the Florida Keys National Marine Sanctuary, but hiring commercial salvors for the job is very expensive.While awaiting their sentencing, Buckheim and Demauro, with the permission of sanctuary officials, have been removing hundreds of the illegally placed casitas from the Gulf of Mexico.
Their motivation is simple: to show they have taken responsibility for their actions and are helping repair the harm they and others have done. And, of course, they hope to curry favor with the judge who will be handing down their sentences.In legal circles, this behavior is referred to as restorative justice.These young men are far from role models, and they certainly should experience consequences for breaking the law. But we cannot help but note that their pre-emptive corrective action contributes to a sense that justice has been better served in this case than in others where the criminals are serving jail time.The debris littering the ocean floor must be removed. It can be done by contractors at considerable taxpayer expense or it can be done at little to no cost by Buckheim and Demauro. We hope the court considers this when considering what sentence best fits the crime — and the public good.–
The Citizen
via Editorial | KeysNews.com.
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Filed at August 3, 2009 under by Keys
Federal authorities arrested two Lower Keys commercial lobster divers Friday on charges of illegally harvesting more than 1,000 pounds of lobster worth at least $17,000.
John Buckheim and Nick Demauro, of 79 Palm Drive in the Saddlebunch Keys, were arrested by National Oceanic and Atmospheric Administration law enforcement agents. The pair are accused of sinking a boat to create an artificial habitat, known as a casita, south of Sammy’s Creek Bridge on Sugarloaf Key on Oct. 29, 2008, according to a federal indictment.
Prosecutors allege the poaching began in 2008 and continued into this year, reports say.
Both men are scheduled to appear in a Miami courthouse today.
The arrest comes a week before the start of the commercial lobster season.
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