FWC makes multiple busts for illegal fishing in the Tortugas Reserve's

On the morning of April 10, 2020 Officers Martin Messier and Officer Glen Way of the Florida Fish and Wildlife Conservation Commission (FWC) responded to the Dry Totugas due to a report from the Enforcement Coordinator of the Florida Keys National Marine Sanctuary that the Documented Vessel “ Southpaw” was stopped and appeared to be at anchor inside Tortugas South Ecological Reserve near Riley’s Hump on April 9, 2020. 

The Tortugas South Ecological Reserve is a transit only area; anchoring is also 

prohibited. 

Officers responded and at approximately 12:55 PM the officers located the vessel “Southpaw” actively fishing inside Tortugas North Ecological Reserve (Gulf State Waters of Monroe County) and conducted a marine fisheries inspection. The vessel was identified as a 62’ Bayliss Southpaw, a sport fishermen style vessel, operated by Joseph Daniel Hibbeln, 57, of Tierra Verde, Florida. The vessel was in possession of 18 fish which Mr. Hibbeln admitted to being harvested inside the closed areas of Tortugas South Ecological Reserve on April 9 and Tortugas North Ecological Reserve on April 10. 

The species breakdown is as follows (of legal size unless otherwise indicated):

5 Yellowtail Snapper

4 Mangrove Snapper

5 Mutton Snapper

3 Red Grouper

1 Margate

Mr. Hibbeln also admitted to being at anchor inside both areas to which anchoring is prohibited. Mr. Hibbeln was issued a notice to appear for the following violations: Fishing inside Tortugas North Ecological Reserve, and three counts of Possession of Grouper during the Closed Season. 

Mr. Hibbeln will also be issued a Federal Notice of Violation and Assessment for violating the following provisions of the Florida Keys National Marine Sanctuary and Protection Act.

The Monroe County State Attorney’s Office will be consulted in reference to the violation of the Monroe County Emergency Directive; Monroe County is closed to visitors. 

While finalizing the previous incident, the officers witnessed another vessel, a center console, actively fishing on Tortugas Bank. This location is south of Tortugas North Ecological Reserve, inside Gulf State Waters of Monroe County. 

While the officers approached this vessel, the operator began maneuvering it so that the bow would remain facing them. The operator was attempting to hide the other occupants discarding fish off the stern. The officers recovered one red grouper from the water which was in the vessel’s prop wash. This fish was dead and still cold to the touch, indicating it had recently been inside of a cooler. 

The officers conducted a marine fisheries inspection and identified the vessel as a 31’ 2004 Jupiter with two 250hp outboards. The owner/ operator was identified as David Bollen II, 46, of Bokeelia, Florida. The other occupants of the vessel were identified as: Stephen Luisi IV, 31, and Joseph Dubeck, 50, both of Jupiter, Florida. 

The vessel was found to be in possession of seven Red Grouper, including the one recovered from the water. 

Due to the Corona Virus Pandemic the operator and occupants were issued Notice to Appears for their criminal violations. They were cited for: Tampering with Evidence (Felony) and 7 counts of possession of Out of Season Grouper (Misdemeanor). Each received one Felony Charge and 7 Misdemeanors; a total of 3 felonies and 21 Misdemeanors. 

The Monroe County State Attorney’s Office will be consulted in reference to the violation of the Monroe County Emergency Directive; Monroe County is closed to visitors. 

In a third case, on April 08, 2020 at approximately 01:36 PM, Ofc. Glen Way, Ofc. Martin Messer, and Lt. Josh Peters were patrolling the waters of the Dry Tortugas. While on patrol they witnessed a large white center console vessel at anchor and actively fishing inside the Tortugas North Ecological Reserve of the Florida Keys National Marine Sanctuary (FKNMS). This is a “No Take Area”. 

As Officers were approaching the vessel they could see a multitude of Yellowtail Snapper floating on the surface of the water, directly astern of the white center console. It was apparent the occupants of the white center console had dumped these Yellowtail Snapper, attempting to discard and destroy evidence. In total the officers recovered 32 Yellowtail Snapper from the surface of the water. All of the snapper recovered had signs of recently being hooked in their mouths.

After the discarded fish were recovered, FWC officers pulled alongside and conducted a marine resource inspection of the vessel. On the center console and seat of the vessel officers observed several firearms and on the deck of the vessel was one spent shotgun round. Officers secured several firearms which were recently fired. Officers also noticed that most of the handguns had empty magazines inside their magazine wells. 

The vessel was identified as an unnumbered and unregistered 2020, 36’ Yellowfin with three 300hp outboard engines. The captain was identified as Brian Baugher, 49, of Naples, Florida.

The occupants were identified as follows:

Katay Kimoka Soundara, 42, of Ft. Myers. Juan Carlos Rivero, 55, of Lehigh Acres.

Jerod Alan Edgington, 42, of Ft. Myers.

Curtis Walker Smith, 39, of Ft. Myers

Caroline Jane Anderson, 38, of Geneva, IL. 

Sean Thomas Anderson, 18, of Ft. Myers.

One of the passengers told officers that it took them approximately three hours to transit from Naples to the Dry Tortugas and that this was their first and only spot they fished due to the Yellowtail bite being so hot. 

In total the operator and occupants were found to be in possession of 134 fish which were harvested inside the” No Take” area of Tortugas North Ecological Reserve (FKNMS). The species were as follows (of legal size unless otherwise indicated):

106 Yellowtail Snapper 

3 Dog Snapper

1 Lane Snapper

1 Mutton Snapper

1 Vermillion Snapper 

(undersize)

14 Red Grouper

3 Hind Grouper

3 Grunts

1 Margate

1 Jack

Due to the Corona Virus Pandemic the operator and all the occupants were issued Notice to Appears for their criminal violations. They were cited for: Tampering with Evidence (Felony), Interference with an FWC Officer (Misdemeanor), Possession of Over the Bag Limit of Aggregate Snapper (Misdemeanor), Possession of an undersized Vermillion Snapper (Misdemeanor), 17 counts of possession of Out of Season Grouper (Misdemeanor), and fishing inside of the” No Take” area of Tortugas North Ecological Reserve (Misdemeanor). Each received one felony charge and 21 misdemeanors; a total 7 felonies and 147 

misdemeanors. 

Baugher, was also issued a Federal Notice of Violation and Assessment for violating the following provisions of the Florida Keys National Marine Sanctuary and Protection Act. .