Bay Area Abalone Bust
Arrests raise concerns over lack of outreach to non-English speakers
By Janet Dang

A months-long undercover operation by the Department of Fish and Game has resulted in the arrests of 18 Bay Area residents—all of whom are of Asian descent—for an alleged involvement in an abalone-poaching ring.

The arrests, however, have also raised concerns of whether wildlife officials are adequately informing the public—especially the growing non-English speaking population—of the laws. Some advocates said many of the Bay Area’s new immigrants from Asia are accustomed to catching seafood as means of sustenance. And without outreach or information in languages other than English, they continue the practices of their homeland while remaining ignorant of state fishing regulations.

On May 31, the Richmond Police and some 30 uniformed Fish and Game officers, served warrant at an apartment complex on the 1700 block of Lucas Ave., in Richmond, Calif., and then arrested seven family members, who lived in three of the four units. All of those apprehended were of Mien descent, a tribal group originating from Laos. On that same day and the next, June 1, the department also arrested 11 other APIs—a total of 18 people—for allegedly selling the abalone and shark fins out of parking lots and backyards in three separate cases.

Officers seized 40 red abalone from the suspects in the May31-June1 sting operation, as well as illicit drugs, dive gear, processing equipment, pertinent records, an illegal weapon, abalone punch cards, a computer, shark fins and sea cucumbers.

Those taken by police—divers, shop owners, dealers and wholesalers—are Meuy Liam Saelee, Chiw Chieng Saechao, Meuy Fin Saefong, Chan Lin Saelee, San Liam Saechao, Meuy Chiew Saechao, Fuey Chiew Saephan, from Richmond; Phong Hue Ly, Thanh Han Ly, from Moraga; Hung Mach, Ha Phung, Zhong Wei Zuo, of Oakland; Minh Trang, San Jose; Kim Keung “Peter” Gee, Duong Luu, Sau Van Pham, Chingpin Ou, Kim Wah Gee, of San Francisco.

According to Fish and Game spokesman Lt. Steve Martarano, an individual poaching abalone carries a misdemeanor charge. However, if more than two people are involved and a change of money takes place—the case for this particular bust, said Martarano—there could be a conspiracy charge, which is a felony.

The 18 APIs arrested face charges ranging from the illegal take, sale and purchase of abalone—to conspiracy. If convicted of all charges, the alleged poachers could be sentenced to a maximum 3-years in prison and a minimum $20,000 fine.

But Thorn Nompreseurt, a community organizer of the Lao Organizing Project in Richmond, said many divers arrested, in particular those of Mien descent, who lack English skills, might not have known that activities such as selling abalone were illegal.

“These folks came from a country where you can fish anywhere. Here you have to have a license,” he said, adding, “They may know that it’s legal to catch abalone, but they may not know that it is illegal to sell,” he said.

Nompreseurt, who has worked with the Lao and Mien community for 11 years and knew of the family members arrested in Richmond, explained that Mien are new immigrants, and most live at or below poverty levels. Moreover, they come from a culture where fishing is a way of life that allows them to put food on table, and gives them money to survive, he said.

“My main concern is that they don’t know what they did was wrong,” he said. “No one tells them that they can catch it but they can’t sell them.”

He added: “There needs to be more government efforts to reach out to these people.”

In fact, according to Martarano, there are no signs posted by the waters, warning fisherman of the laws. Furthermore, the regulations, which are found where abalone licenses are sold, come only in English.

“We try to educate,” Martarano said. “We put out fish and game regulations. They are available anyplace you buy a license. It’s up to everyone who’s getting the license to know the law.”

The law states that a person can only have four abalone at a time, and only 100 during a year. The commercial take of abalone, which has always been prohibited in the North Coast, has been closed statewide the past three years because of a severe decline in the abalone population, according to Fred Cole, a deputy chief of Department of Fishing and Game Enforcement Branch.

Martarano could not verify whether all of the divers arrested had licenses, but he did say that in general, poachers do have them. “That’s why its difficult to catch them [poachers], and why you have to watch them. They’ll go up from the water and they may have four and there’s nothing wrong with that. When you sell them it’s illegal.”

Asked whether most abalone poaching busts involved people of Asian descent, Martarano said, “With abalone poaching, we charge on the crime, not the ethnicity.”

However, he added that the issue of sensitivity to cultural barriers is one that “concerns us.” Still, “abalone is a limited resource,” he said, “and we want to protect that resource. Going after these poaching networks is the best way we know how.”

Abalone-poaching rings are highly organized and include divers, wholesalers, buyers and distributors, according to Cole. Each abalone, he said, could fetch a profit of anywhere from $40-80. During six months of operation, a $100,000 profit is possible.

“We hope this and future efforts by our [officers] will serve notice that abalone poachers and other wildlife violators should beware,” Cole said. “We are watching you and if you participate in these illegal activities you will be held accountable.”