FOR IMMEDIATE RELEASE
September 30, 2009
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CHATHAM FISHERMAN PLEADS GUILTY TO WHALE ENTANGLEMENT CHARGES
BOSTON, MA - A Chatham man was convicted and sentenced today in federal court on charges of violating the Endangered Species Act (“ESA”) and the Marine Mammal Protection Act (“MMPA”) based upon the entanglement of a humpback whale in fishing gear in July of 2008.
Acting United States Attorney Michael K. Loucks and Andrew Cohen, Special Agent in Charge, National Oceanic and Atmospheric Administration, Office for Law Enforcement in New England, announced today that ROBERT J. ELDRIDGE, age 40, of Chatham, Massachusetts, pled guilty before U.S. Chief Magistrate Judge Judith G. Dein to an Information which charged two counts in violation of the ESA and one count in violation of the MMPA.
At today’s plea and sentencing hearing, the prosecutor told the Court that had the case proceeded to trial the Government’s evidence would have proven that ELDRIDGE was operating a commercial fishing vessel off of Chatham on July 10th, 2008. The Court was also provided with a statement made by ELDRIDGE as part of the plea agreement between ELDRIDGE and the United States which also provided facts to the court regarding the incident.
ELDRIDGE set gill nets at a location knowing that humpback whales were close by. He and his crew were alerted to the fact that there was movement in the buoys and that a humpback whale was entangled in ELDRIDGE’S gear. Humpback whales are protected under both the ESA and the MMPA. ELDRIDGE, despite having no experience in whale disentanglement and without authorization, worked for some time to try and free the whale. Despite the posting on the boat of the Marine Animal Disentanglement Hotline which can be reached by a toll free number or through the United States Coast Guard, ELDRIDGE did not contact the authorities. ELDRIDGE was not able to disentangle the whale. Eventually, the gear was cut from the boat, leaving about 25 to 30 feet of sinking line entangled on the whale.
As noted, ELDRIDGE provided a written statement, part of which is set forth here:
I have pled guilty to three counts.... In doing so, I have admitted that I took and possessed, as those terms are defined under the ESA and MMPA, a humpback whale, during the course of a net entanglement off of Chatham, Massachusetts. I acknowledge that the humpback whale is a marine mammal that is protected under both the ESA and the MMPA. As the U.S. Attorney set forth in its statement of facts during the change of plea hearing, while fishing with Federal observers on my fishing vessel, I set gill nets at a location knowing that humpbacks were close by. I was alerted to the fact that a humpback whale was caught in one of the nets and I confirmed that a humpback was, in fact, entangled in one of the nets from my fishing vessel. Despite the fact that I was aware of the Marine Animal Disentanglement Hotline and had a notice posted with both the 800 phone number and USCG Chanel for reaching the Hotline on my fishing vessel, I did not contact the hotline. Although I had no experience in disentanglement I attempted to disentangle the humpback . I was not successful in removing the entire line from the whale and approximately 25 to 30 feet of sinking line was still on the whale as it swam away after I released the line from my fishing vessel.
I am making this statement in order to alert all persons who fish or enjoy being in the waters off of Massachusetts that we must be, at all times vigilant in protecting of the marine mammal species with whom we share the waters. I am urging all persons who find themselves in similar situations to promptly call the Marine Animal Disentanglement Hotline and seek the assistance and guidance of experienced professionals so that the chance of injury to any marine mammal is greatly lessened. I further urge all persons to promptly report any mortality and/or take to the National Marine Fisheries Service.
Entangled marine mammals can be reported to the Marine Animal Disentanglement Hotline at 800-900-3622 or by contacting the United States Coast Guard on VHF 16. Judge Dein imposed a fine of $500 as well as the mandatory special assessment for each count.
The case was investigated by the National Atmospheric and Oceanic Administration, Office for Law Enforcement. NOAA was assisted by the Massachusetts Environmental Police. The case was prosecuted by Assistant U.S. Attorney Nadine Pellegrini, Acting Chief of Loucks’ Major Crimes Unit.
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