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.
Diving for lobster in Florida’s upcoming mini-season can be deadly, warns a leading dive-safety organization.
“Divers get excited and rush to dive without preparation, and most of them are out of shape,” said Petar Denoble, a physician who serves as senior research director for the Divers Alert Network. ”They underestimate the level of exercise required for diving, particularly lobster diving,” said Denoble, author of a recent report published in DAN’s Alert Diver magazine. The past four years have seen 14 divers die during Florida’s annual two-day mini-season — 10 of them in Florida Keys waters, the leading destination for lobster hunters.
In contrast, only six divers died while hunting lobster statewide in the regular eight-month lobster season in the same 2005-08 period. This year’s lobster sport-diving season arrives July 29 and 30.
“Why the higher percentage of deaths in the two-day preseason? Our best guess is that mini-season may be the time many divers take their first plunge of the year,” Denoble wrote. “Or they’ve made relatively few dives thus far and haven’t gotten up to speed on their skills and conditioning…. The underwater chase, frequent ascents and many repetitive dives over the two-day season can take a toll, even on the most experienced divers.” He pointed out that most of the mini-season deaths can be traced to heart problems in divers in their late 40s and older.
There was no evidence that air embolisms, typically responsible for about a third of all diving deaths, caused any of the 20 lobster-related deaths that DAN staff studied. Denoble called that finding “interesting,” but cautioned against drawing broad conclusions from the relatively small number of case studies.
After three divers died in Monroe County waters during the 2005 mini-season, authorities called for increased caution. All three were out-of-county residents; the youngest was 49.
But the 2006 season was even deadlier, with four fatalities.
There were two lobster diving deaths in the Keys last year, after one death in 2007.
Many of the deaths could be linked to those with known medical problems, or who had undiagnosed conditions.
A lobster-season safety campaign was launched this spring to warn divers to check their equipment and be aware of physical demands. The Florida Fish and Wildlife Conservation Commission, the Diving Equipment and Marketing Association and DAN prepared the program.
“People who live a sedentary lifestyle must assume they are out of shape,” Denoble said. “Divers may try to chase lobster the same way they did it when they were 25. But at 50, it doesn’t work that way any more.”
Denoble recommended that older divers have regular checkups, and exercise throughout the year.
“Get prepared. You cannot go out and play a game without practice,” he said. “This is your game, and you need to win.”
An estimated 30,000 divers go out for lobster in a typical mini-season, with about 60 percent of them planning to do it in the Keys.
Admitted Lower Keys lobster poacher David Dreifort was sentenced Friday to two and a half years in prison, and his wife [Denise D. Dreifort] to seven months in jail, for leading what’s been called the Key’s largest lobster poaching operation ever. Their sentencings by U.S. District Court Judge Jose Martinez put the lid on a case the feds dubbed Operation Freezer Burn. According to evidence presented through pleadings, trial and other in-court statements, the six defendants in Operation Freezer Burn were directly involved in illegally taking 1,197 lobster on the opening day of Florida’s commercial lobster season in August 2008, and stockpiling approximately 1,700 pounds of wrung lobster tail harvested during the closed season. The operation was based out of Cudjoe Key.
In addition to prison, David Dreifert was ordered to serve three years of probation following his release, and is prohibited from fishing for five years in South Florida. [That's NOT long enough] His wife follows her jail time with seven months of home confinement with electronic monitoring, and is also banned from fishing South Florida waters for five years. The Dreiforts also forfeited to the U.S. government their three vehicles and three vessels, used in the lobster poaching operation. On June 11, Robert Hammer was sentenced to two months in jail, home confinement for six months with electronic monitoring, and supervised release for two years. In a parallel civil action, they were ordered to pay $1.1 million toward restoration of the marine sanctuary, including removing 700 casitas. The couple is expected to raise the money by selling their Cudjoe Key home and another property on Little Torch Key.
On June 10, Sean Reyngoudt was sentenced to home confinement for four months with electronic monitoring, four years of probation and 300 hours of community service. He’s banned from fishing South Florida waters for four years.
On June 2, Key Wester Michael Delph was sentenced to 10 months in jail, home confinement for six months with electronic monitoring, 100 hours of community service and supervised release for two years. Delph is the only one who went to trial. [This is the saddest case, local fishing legend's son.]
John Niles, the first to enter a guilty plea, cooperated in the case, and testified against Delph. He received a year of probation.
Gov. Charlie Crist has proclaimed June 27-July 3 as Dive Flag Awareness Week. “It’s time folks pay attention to what a divers-down flag means and to ‘steer clear,’ and divers need to make sure they present their flags according to the laws,” said Lt. David Bingham, a state Fish and Wildlife Commission watch commander.
A divers-down flag is red with a white diagonal stripe, at least 20 inches by 24 inches, and flown at a high point, observable 360 degrees around a vessel. A divers-down flag towed on a float must be at least 12 inches by 12 inches. Both flags must have stiffeners to hold them open. All vessels must make a reasonable effort to stay at least 300 feet away from the flags in open water or 100 feet away within a river, inlet or channel. Within those prescribed distances, a vessel may operate but must be at idle speed. For more, go to myfwc.com.
During Dive Flag Awareness Week, enforcement details will be expanded around the state with radar guns, and they will issue warnings and citations. “With bay scallop and spiny lobster season just around the corner, we really want to emphasize the importance of engaging all safety precautions.” Bingham said. “If you’re diving, display a flag. If you’re boating, look for the flag.”
Remember that an underwater hunt strains your body much more than a typical recreational dive.
If you do not exercise vigorously and frequently on land, do not dive if you are not fit for it. Do not hunt underwater.
Do not lobster hunt on your first dive. If you did not have a chance to make some dives before the mini-season, remember that full lobster season starts in August and lasts through March. Use the preseason time to refresh your skills and improve your fitness. By doing this, you will be ready for many safe lobster hunts during the regular season.
Lobster hunting is a serious dive operation, even at a depth of 10 ft (3m). Ensure that the diver in you maintains control over the hunter in you.
Remember, you caught nothing if you did not bring it to the surface and cook it.
For a more in-depth look at dive safety during the mini-lobster season, visit alertdiver.com.
A judge sentenced the longtime Key West fishing guide and firefighter Michael Delph to 10 months in prison and two years on parole.
“From day one I never denied my involvement,” Delph told the court. “I decided to fight it because I’ll lose my job as a fishing guide and a firefighter. I’m very remorseful and I’m sorry for the hardship and humiliation this has brought to my family and my fellow firefighters. It’s a hard pill to swallow. I’ve let a lot of people down and I understand that.”
U.S. Judge Jose Martinez was swift when he finally handed down the sentence, far less than the maximum five years in prison and up to $250,000 in fines Delph faced. Martinez did not impose any fines. “Mr. Delph, when I came into this courthouse today, my intention was to give you the upper sentencing guidelines,” Martinez said. “You have some very good friends and a good family, and family is always those that suffer the most. You seem to have led a good life and I’m sorry you are in this situation.”
Beware Lobster Mobsters
The judge said, “In this community, people need to know that if they do this and get caught, they’re going to be sorry.” Read more »
Florida Keys bridge and shoreline anglers must carry a new state fishing license by August.
Gov. Charlie Crist signed the $66.5 billion state budget into law Thursday, and it includes a measure to create Florida’s first license requirement for resident saltwater anglers who fish only from docks, piers or the shore.
The law technically takes effect in July, with enforcement expected to begin in earnest Aug. 1. The shoreline license is priced at $7.50, plus $1.50 in processing fees, for a total $9 cost. People who already hold Florida’s $17 annual saltwater license to fish from a boat are not required to buy an additional license to fish from shore. Read more »
Florida Fish & Wildlife Conservation Commission Fish & Wildlife Research Institute Summary Report of the 2008-2009 Recreational Spiny Lobster Fishing Season Dear recreational lobster fisher, Thank you for your participation in recreational lobster fisher surveys for the 2008-2009 fishing season. You indicated on your questionnaire that you were interested in receiving a summary of the results of these surveys. We are providing you with the information we collected from more than 2,400 recreational lobster license holders who responded to our surveys about the 2008 Special Two-Day Sport Season and the first month of the regular recreational lobster fishing season. Read more »
A commercial lobster diver faces an arraignment hearing in local court Friday on a count of possessing artificial-reef materials on the water.
Manuel Ravelo Jr., 35, of Key West was booked into the Monroe County jail Dec. 24 and released after posting $1,000 bond on the misdemeanor count. Ironically, Ravelo was named in 2005 to the Florida Fish and Wildlife Conservation Commission’s Spiny Lobster Advisory Board as a commercial diver. The panel later voted to ask that he be removed because of missed meetings.
An information report on Ravelo’s case was filed Nov. 21 by the office of Monroe County State Attorney Mark Kohl stemming from an incident at sea June 11. According to a Florida Fish and Wildlife Conservation Commission report, officers on patrol three miles north of Key West conducted a boat-safety and catch inspection aboard a 29-foot boat carrying Ravelo and another man.
Officers reported finding “many pieces of rebar approximately [3 feet] in length” along with a sledgehammer and tool bag. The iron reinforcing rods and tools were suitable for use in building an illegal underwater habitat to attract lobster, according to the FWC. Ravelo would not offer an alternative purpose for the materials aboard his boat, officers reported. Ravelo could not be reached for comment this week.
Underwater habitats, also known locally as casitas, are used to provide spaces where lobster congregate. During lobster season, divers can go to the site and collect many crustaceans rather than looking for them in their natural habitats. While commercial divers maintain such habitats are beneficial to the marine environment, biologists fear the structures could be detrimental to the lobster’s normal behavior. Hundreds of these structures are believed to have been built illegally around the Keys, according to government officials.
Under current state law, it is illegal to build such an underwater habitat without permits, or to carry on the water “any materials reasonably suited … for use and placement as an artificial reef.”
Two Florida Middle Keys commercial fishermen were arrested Wednesday on charges of harvesting undersized spiny lobster, according to the Florida Fish and Wildlife Conservation Commission. An FWC officer stopped and boarded the men’s commercial crawfish vessel for a routine inspection on the bayside of Long Key Bridge, spokesman Bob Dube said. The officer found 252 wrung and undersized lobster tails and another 97 live undersize lobsters in a live well.
Eduardo Ramos Jr., 34, and Jesus Morales Jr., 24, were both charged with having undersized and over the limit lobster and taken to the Marathon jail, reports said. Ramos’ bond was set at $15,000; Morales’ at $20,000.
