News Release

Volusia fishermen face federal fishing violation charges

March 11, 2008
Contact: Mark Oswell, NOAA, 301-427-2300 or Joy Hill, FWC, 352-732-1225 or 352-258-3426

Two Volusia County fishermen face stiff federal penalties for multiple saltwater fishing violations of the Magnuson-Stevens Fishery Conservation Management Act.

The National Oceanic and Atmospheric Administration (NOAA) last week issued a $16,000 civil penalty and 45-day permit sanction to the owner and the operator of the fishing vessel “Mama’s Money II.”  The violations include retaining undersized snapper, exceeding bag limits, making a false statement and interfering with, obstructing or delaying an investigation, search or seizure.

Florida Fish and Wildlife Conservation Commission (FWC) Officer Clay McDonough discovered the violations while he was inspecting the vessel in Ponce Inlet in January.  During his investigation, McDonough conferred with NOAA Special Agent Richard Chesler, and based on the location where the fish were caught, determined federal jurisdiction was most appropriate for prosecution.

On Jan. 12, McDonough boarded the vessel and discovered assorted species of saltwater fish, including snapper.  Some fish were in whole condition; some already had been filleted; some were obvious and others were concealed in the vessel’s hold.  When the inspection was complete, officers seized 35 whole assorted snapper and 128 fillets as evidence.

Chesler then submitted the fillets to the NOAA-National Ocean Service Marine Forensics laboratory in Charleston, S.C. for DNA analysis.  This analysis later confirmed 25 individual red snapper, five mutton snapper, and cobia.

Upon completion of the investigation, NOAA officials issued the civil penalties and permit sanctions to the owner of “Mama’s Money II,” Rudolph Dendekker, 53, of 1306 Don Carlos Trail, Deltona, and to the vessel operator, Herbert Regan Jr., 55, of 1004 Gary Blvd., South Daytona.

These violations include failing to maintain fish intact (red snapper, mutton snapper, cobia), and/or exceeding a bag or possession limit (red snapper), and/or possessing undersized fish (red snapper), making a false statement and/or interfering with, obstructing or delaying an investigation, search or seizure.

Both men have 30 days to request a hearing before an administrative law judge.

“With the help of our joint enforcement partner, FWC, and the use of technology such as DNA analysis, we were able to stop these poachers, whose destructive practice of retaining undersized red snapper is a serious threat to the sustainability of this species off Central Florida,” said Chesler, who is from NOAA’s Office of Law Enforcement - Southeast Division. 

NOAA Fisheries Office of Law Enforcement, through numerous joint enforcement agreements (JEAs), has federally-deputized fish and wildlife, and environmental law enforcement officers in 23 coastal states and territories, including Florida, to enforce federal fisheries regulations.