Offenders videotaped from police helicopter
Three men were fined $2,400 each after pleading guilty to taking 39 conch and 10 lobster from a replenishment zone during closed season. They also admitted joint possession and use of an unlicensed spear gun.
Magistrate Nova Hall dealt with Shane Kenneth Rankine, 21, and Carlney Rashad Campbell, 20, on Monday. The same charges for boat captain Liddon Anthony Wright, 38, were adjourned until Wednesday so his attorney could be present.
Crown Counsel Marilyn Brandt told the court the offences occurred on 7 September 2010. Around 3.20pm, Chief Conservation Officer Mark Orr received a report that three males in a cabin cruiser style vessel were taking conch and lobster in the vicinity of the Rum Point Channel. The police helicopter located the vessel and an officer began taping the action aboard the vessel. One male was observed throwing about 39 conch overboard from a cooler, as well as eight to 10 lobster.
Meanwhile, Mr. Orr was approaching the scene on a Department of Environment vessel and he observed someone drop several popped conch from a white bucket. Mr. Orr ordered the captain of the vessel to stop and he did.
Officers boarded the vessel and spoke to the men. Rankine and Campbell admitted taking 10 lobster and 15 conch. Rankine admitted using the spear gun and Campbell handed it over.
When the charges came to Summary Court, Wright initially pleaded not guilty. Rankine and Campbell entered guilty pleas and the magistrate ordered social inquiry reports before sentencing.
On Monday, the magistrate referred to those reports. She said each of the two defendants had indicated he had no other form of employment and considered the taking of conch and lobster as an offence that does not have a direct victim. Rankine said it was a way for him to provide for his children.
The magistrate said these attitudes were somewhat prevalent in Cayman society, but they erode the efforts of people working within the Marine Conservation Law to preserve local marine life.
She considered that in this case the six offences had been committed jointly: taking conch in a replenishment zone; taking lobster in a replenishment zone; taking conch during closed season, which is 1 May through 31 October; taking lobster during closed season, which is 1 March through 30 November; possession of an unlicensed spear gun; and taking marine life with it.
On Wednesday, attorney Keith Collins told the court his client had pleaded not guilty because he thought the quantity of marine life taken was much less than the charges stated. However, on being assured that the videotape showed the quantity, Wright was pleading guilty.
In mitigation, Mr. Collins said at the time of the offences Wright was the owner of the boat. The other two defendants wanted to borrow it, but he did not want to let it out of his possession, so he agreed to take them.
“At first he thought it would be genuine fishing, but they got him to stop in the replenishment zone and they proceeded to take conch and lobster,” Mr. Collins said. He asked the court to be lenient on the basis the offences were “something that happened after they left shore.”
Wright now accepted the offences were a joint venture and apologised, the attorney said.
He also suggested the replenishment zone was not clearly marked and the public would benefit from better signage.
The magistrate said the court had to show its disapproval of people who disregard efforts to preserve marine life. In her view, the proper disposal was by way of a fine – $400 for each of the six offences.
Campbell, who was remanded in custody on a different charge, had said he would rather serve the time than pay a fine. The magistrate imposed a term of 30 days in lieu of each fine. His fine time would start that day, but he still had the option of paying at any point. The other two men were given time to pay.
Each of these two defendants had indicated he had no other form of employment and considered the taking of conch and lobster as an offence that does not have a direct victim.
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The illegal taking of conch and lobster does not have a direct victim?? Correct, not ONE victim. Can we even begin to imagine all the victims? How about those 39 conch and 10 lobsters? And the tens of thousands of their potential offspring. And the offspring of their offspring…and the entire ecosystem which relies upon the conch and lobster. And how about all the children of future generations who will only hear stories of when the Cayman waters used to be teeming with conch and lobster?
That said, I am very glad to see that the DOE made the arrests and that the law was upheld. Yes, these are hard times, but can one really think it is okay to turn to illegal measures to make money?? A 2400 fine seems a slap on the hand for their crimes, actually. One has to wonder how many times these men illegally took marine life from the sea in the past. Almost certainly they have gained more than 2400 apiece while committing illegal acts. This is a start, but perhaps we might think of making the penalties even stiffer to deter the poachers.