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ABALONE PROSECUTIONS RISE

Published on June 3, 2000
© 2000- The Press Democrat

Abalone poaching arrests and prosecutions have increased steadily on the North Coast as state Fish and Game laws have been enforced.

Since the mid-1990s, the Sonoma County District Attorney's Office has prosecuted more than 40 felony conspiracy cases, said Deputy District Attorney Brooke Halsey Jr.

The cases have ranged from six abalone -- two over the legal limit -- to 20 tons of abalone taken over time. Convictions have ranged from probation to the maximum three-year prison term and fines of $50,000.

``Each season brings new ones,'' said Halsey, who has become the abalone poaching expert for the district attorney's office.

State law prohibits the commercial harvest of the delicacy north of San Francisco Bay, and the seven-month abalone season for sport divers is closed during July. Individuals are allowed to take four abalone a day up to 100 a year.

Taking abalone at night on the North Coast is prohibited and only snorkel gear is allowed for divers in the highly regulated sport. Scuba gear enables a diver to take the tasty mollusks from their deeper havens. It is illegal to harvest an abalone smaller than 7 inches long.

Some of the largest abalone poaching cases on the North Coast include:

1992 -- Darrell J. Tattman of Lincoln was sentenced to three years in prison for poaching in Mendocino County. Also convicted in Sonoma and Marin counties, he was ordered to pay $43,500 in fines and penalties and to forfeit his boat. Tattman was the first person in California to get a state prison sentence for violating Fish and Game laws.

1993 -- Four San Jose residents were fined $21,600 after pleading guilty to taking 123 abalone from Mendocino County tidal pools.

1994 -- A dozen poachers, mostly Sonoma County scuba divers, were accused of taking 20 tons of abalone, valued at more than $1 million, from a 5-mile stretch of Sonoma Coast near Fort Ross over a year's time. Fish and Game officials said the 40,000 pounds of illegally picked abalone were equivalent to 25 percent of the total legal catch of abalone for the entire state in 1994.

Van Howard ``Hojo'' Johnson, a 28-year-old San Diego commercial fisherman, bought most of the abalone, then sold it to more lucrative East Coast and Asian markets, according to state game wardens. Michael Kagley of Santa Rosa, one of the masterminds of the operation, later became an undercover informant and helped investigators gather evidence resulting in grand jury indictments against himself and the others.

1995 -- Four suspected poachers were arrested in one of the biggest illegal abalone seizures in Mendocino Coast history. The men, three from the Bay Area and one from Sacramento, were caught after they hauled 309 abalone up the bluffs to their parked van north of Navarro Beach.

1996 -- Johnson, the central figure in the 1994 poaching operation, was sentenced to the maximum prison term of three years and fined $50,000 for felony conspiracy. His commercial fishing license was permanently revoked, prohibiting him from making a living from fishing in California.

1997 -- Fish and Game wardens climaxed a yearlong sting operation by breaking up a large, Sonoma County-based abalone poaching ring with arrests in Los Angeles and Santa Clara counties. Officials seized about 1.25 tons of abalone meat with a market value of $234,600, the largest single seizure ever, and arrested three suspects, Jason Diep and Loi Bao Diep of Los Angeles and Chris Doan of Cupertino.

1998 -- Loi Bao Diep, Jason Diep and Doan pleaded guilty to one felony count of conspiracy to possess abalone for commercial purposes and were sentenced to five years' probation plus time in the county jail, 12 months for the Dieps and nine months for Doan, and ordered to pay $40,000 each. The judge ruled that all of the 1.25 tons of abalone seized in connection with the case could not be connected to the defendants or shown to have all come from Sonoma County.

1999 -- A major Bay Area abalone ring, suspected of illegally taking thousands of abalone from the Sonoma and Mendocino coasts and selling them for as much as $1 million on the black market, was broken up. Eleven men and women were booked into Sonoma County Jail and five more were taken to Mendocino County Jail, suspected of illegally harvesting abalone. At least nine of the suspects were booked on felony conspiracy charges, which could carry five-year prison sentences and fines as high as $40,000. Five face a grand jury hearing Monday in Mendocino County. Seven others prosecuted in Sonoma County were convicted of felony conspiracy, one still faces trial and the others were convicted of misdemeanors.

2000 -- Eighteen East Bay residents were arrested this week in a two-day raid. They were suspected of poaching as many as 1,000 abalone each month from the Mendocino and Sonoma coasts during the past six years, valued at as much as $2.1 million on the black market.

Press Democrat researcher Vonnie Matthews contributed to this report.

Infobox:
ABALONE CHECKPOINT

The California Department of Fish and Game will conduct an abalone checkpoint Sunday along the Sonoma County coast. The checkpoint will begin at 8 a.m. at an undisclosed location on Highway 1.
Keywords: FISHING CRIME LIST STATISTICS


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