Attorney's wrist slapped for lobster poaching - Florida

[DandyDon]

Lobster poaching attorney gets "slap on the wrist"

Local divers are outraged that a Fort Myers attorney and his two sons got away with what they say amounts to a slap on the wrist for poaching lobsters in the Keys.In July, Steven Koeppel, 55, of the law firm Yeslow & Koeppel, and his sons, John, 24, and Kyle, 22, were charged with 28 lobsters over the legal limit; Steven Koeppel was also charged with not possessing a saltwater fishing license and lobster stamp and three boating violations for lack of proper safety gear.
Each of the men pleaded no contest and was fined $100, plus $228 for court costs and $50 for cost of prosecution; they also received a six-month probation, during which they must stay out of Monroe County waters.
"You've got to be kidding," said recreational lobster hunter Jon Hazelbaker of Fort Myers Beach. "I would have anticipated a more severe penalty, especially for an attorney who should know better and who was blatantly breaking the law. This totally blows me away. Aren't attorney's called officers of the court? That's shocking activity for an officer of the court."
Hazelbaker pointed out that their probation will be over in time for the 2016 lobster season.
Ramiro Palma, owner of Scubavice Dive Center in Fort Myers was equally disturbed about the light penalties.
"Wow, that's it?" he said. "I hate to throw the guy under the bus, but, gosh, that seems like an outrageously low fine. It just shows why people break the law. They know they can get away with it."
Neither Steven Koeppel nor his attorney, Halford Schuhmacher of Marathon, returned phone calls Monday.
On July 29, the first day of Florida's two-day lobster sport season, Florida Fish and Wildlife Conservation Commission officers boarded Koeppel's 25-foot Grady White near Islamorada.
Under state regulations, the daily bag limit for lobster in Monroe County and Biscayne National Park is six per person (12 in the rest of the state); the Koeppels showed officers 18 lobsters, the legal limit for three people, but officers found 28 additional lobsters hidden in a compartment under the deck.
Two days later, FWC officer Bobby Dube told The News-Press that the lack of a fishing license and lobster stamp and the boating violations would probably cost Steven Koeppel $500, and that the fine for the lobsters would be on a per-lobster basis, which would be up to the judge.
"This guy is probably going to get slammed," Dube said.
But Mark Kohl, executive director of the Office of the State Attorney in Islamorada, said last week that the crimes were the Koeppels' first offenses, and "this kind of penalty is pretty common for first offenses."
Dube agreed.
"If there's no previous criminal history, it equates to a slap on the wrist," he said. "That's our judicial system. But they have a record now. If it happens again, I'm sure the fees, fines and everything else will be upgraded."
First offense or not, Lewis Johnson, FGCU's dive safety officer, said the Koeppels deserved harsher punishments.
"What they got doesn't sound like much of a deterrent," he said. "It doesn't seem like much of a statement about how serious this is. I can understand if somebody is disenfranchised from society and trying to feed his family, or somebody who doesn't understand the rules. But these guys clearly should have understood the rules."
As a diver with no record of breaking recreational fisheries rules, Johnson suggested he take a trip to the Keys to catch lobster and shoot grouper out of season because, if he's caught, it would be his first offense and would only cost him $100.
"It would be worth it," he said.
Steven Koeppel could face disciplinary action from the Florida Bar, said director of public information Francine Walker, but the Bar has not looked into his case yet.
"We don't have the court resolution in our system yet," she said. "As soon as we have it in the system, we'll review it to determine whether the outcome makes us think there may be a violation of Florida Bar rules. If so, staff council would take it to a grievance committee. If the council doesn't feel Bar rules have been violated, we'll close the case."

 

[tech_diver]

I'm guessing the lobsters were confiscated, right? Otherwise, dollars per pound, that wouldn't be a bad deal for fresh lobster...

 

[Angry Turtle]

They clearly knew what they were doing was illegal, and had the means to get a license. This stinks

 

[michael-fisch]

Boat and everything on the boat with the exception of the underwear that they were wearing should also have been confiscated, cell phones too.

 

[iamrushman]

the judge is most likely a school chum or a college al mater...

 

[Zieg]

Obviously being lawyers they are members of the judicial good olé boys club. I just hope the FWC keeps an extra keen eye open for these guysnext year. If they've been caught once, you know they've done it before, and they're going to do it again. I know that for myself, if I were to be in that area during mini season, I'd keep an eye out for those guys. But them again, I've called the FWC on a boat that I caught wringing lobsters outta season.

 

[snowdog61]

Ridiculous. Possessing an illegal lobster in Brevard County is $500/per tail. The fact that they hid the other 28 obviously meant they knew they were breaking the law. F'in lawyers and their good ole boy network....

 

[DandyDon]

But them again, I've called the FWC on a boat that I caught wringing lobsters outta season.

This was during mini-season. They voluntarily showed the lobsters that met the legal limit of 18 for the 3, but the FWC found the 28 hidden.

 

[mselenaous]

Sad. This whole thing stinks. It all sends the wrong message.

 

[Zieg]

This was during mini-season. They voluntarily showed the lobsters that met the legal limit of 18 for the 3, but the FWC found the 28 hidden.

Yes, I understood that. I do understand English. You didn't have to explain anything. If anything at all, the fact they showed 18 while hiding 28 showed that they did understand the law and were blatantly braking the law. Just 1 or 2 extra lobster then you should get a slap, but 28, you're knowingly thumbing you nose at the law. Not even mentioning not having a fishing license let along the lobster stamp.

So let me explain my statement. I want to make sure YOU understand. I am the type that will turn you in if I see you doing something grossly illegal. If I have to follow the rules then everyone else has to follow the rules.