Thursday, March 09, 2006

Environmental Crimes—Raul de la Garza

Raul de la Garza, the captain of a commercial shrimp boat operating out of Corpus Christi, Texas, has been sentenced “for his attempt to conceal fishing violations from federal agents.”[1]

On August 19, 2005, the US Coast Guard and Special Agents from the National Oceanic and Atmospheric Administration intercepted Mr. de la Garza’s boat near the Flower Gardens National Marine Sanctuary, “approximately 90 nautical miles south of New Orleans.”[2] As his boat was being boarded, Mr. de la Garza “destroyed evidence of a crime by intentionally releasing the two port side nets with their associated equipment and allowing them to fall to the ocean floor. The nets were determined to have their federally required ‘turtle excluder devices’ [hereinafter TEDs] sewn closed in violation of the Endangered Species Act.”[3] He was unable to release his starboard-side nets, which were also determined to have their TEDs sewn shut.[4] TEDs are a type of “escape hatch” that allows sea turtles to escape from shrimp nets.[5] On October 26, 2005, Mr. de la Garza pleaded guilty to one count of violating (a)(2).

According to (d)(2)(i), a shrimp trawler that operates in the Atlantic or Gulf area must have an approved TED installed in each net that is rigged for fishing. 50 C.F.R. 223.207 contains a list of approved TEDs, ranging from hard to soft.

Mr. de la Garza was sentenced to 16 months in prison, followed by three years of supervised release, and a fine of $10,000.[6] He is also forbidden from working as a captain of—or in any other capacity on—a commercial shrimping or fishing vessel during the term of his supervised release.[7]


[1] US Attorney’s Office, , Mar. 9, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.

posted by McNabb Associates, P.C. @ 3:45 PM