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POACHER'S FINES TO HELP SAVE ABALONE

Published on May 5, 1995
© 1995- The Press Democrat

PAGE: A1

A former Sonoma County scuba diver who became part of the largest abalone poaching ring in state history was convicted Thursday and ordered to pay $30,000 into a special trust fund to protect coastal resources.

Michael Anthony Vichi, 38, was the first to be convicted of 12 people charged with participating in an international poaching operation that involved as much as $2.4 million in illegal abalone in one year alone -- an amount equal to one-fourth of all legal abalone landings in 1994.

Vichi, who now lives in Rock Springs, Wyo., faced a maximum of three years in prison and a $40,000 fine if found guilty by a jury. Through a plea agreement that avoids a trial, he will pay $30,000 into the resource fund and be placed on five years' probation.

Deputy District Attorney Brooke Halsey, Jr. said Vichi was offered the plea bargain because he was cooperative and had broken with the ring on his own when he realized how much damage it was doing.

After breaking from the group, Vichi moved to Wyoming, where he is employed as a salesman. A governor's warrant was issued for him, but he returned to Sonoma County voluntarily, Halsey said.

Halsey, who is prosecuting the case, would not say whether he intends to offer a similar deal to some of the other defendants.

One of them, David Kagley, 35, of Santa Rosa, who acted as a confidential informant, is expected to change his not guilty plea today. A trial for the others is set for June 12.

Halsey said state Fish and Game officials and state marine biologists estimate the 12 suspects took more than 20 tons of illegal abalone from Sonoma County over a period of a year and sold it to a buyer in San Diego.

``The damage they caused to the abalone population along the North Coast can't be repaired for 100 years,'' Halsey said. ``But the trust fund will be able to protect what we have left of abalone fishing for our children and our grandchildren.''

Halsey said his office and state officials decided it was a good idea to require people who destroyed the resources to pay to help restore them, particularly because the state Fish and Game Department has cut funding for abalone research projects.

Money in the trust fund will go for abalone research and to help enforce fish and game laws along the North Coast, Halsey said.

The fund will be administered by Konstantin Karpov of Fort Bragg, a state marine biologist recognized as one of the country's foremost abalone authorities, Halsey said.

Halsey said Vichi's ``donation'' to the trust fund is in lieu of fines ranging from $20,000 to $40,000 that he could have been required to pay for conspiring to violate fish and game laws. But criminal fines could not be used for resource protection, hence the special trust fund arrangement.

Superior Court Judge Raymond Giordano accepted the plea agreement and ordered Vichi to pay into the trust fund at a rate of $500 a month for the next five years, starting next month.

Vichi on Tuesday pleaded no contest to a felony conspiracy charge.

The judge noted the probation office recommended Vichi be sent to prison for two years if he doesn't keep his commitment to the trust fund.

``We consider this a very serious case,'' Halsey said. ``I would be asking for the maximum sentence for Vichi if his participation in the poaching operation was equivalent to some of the others.''

Halsey said the illegal operation was smashed after a nine-month investigation by his office, game wardens and the sheriff's department.

Sports fishing of abalone is allowed in season on the North Coast, but commercial fishing of the mollusk delicacies is prohibited.

Halsey said local divers took the abalone from the Sonoma County coast between October 1993 and September 1994, first moving it to a safe house near the coast and then to a home of two of the suspects in Santa Rosa for cleaning and shipping to San Diego.

The abalone, which sell for about $60 a pound on the street, allegedly were sold to Van Howard ``Hojo'' Johnson, 25, the owner of a seafood outlet in San Diego, for resale to overseas markets, Halsey said.

Fish and Game officials said Eddie Blay, 34, of Santa Rosa, the alleged ringleader in Sonoma County, paid scuba divers $15 a pound to harvest the abalone and resold it to Johnson for up to $25 a pound.

Keywords: FISHING


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