Press Release
FOR IMMEDIATE RELEASE
Date: 12/05/03

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Dena Meierhenry

Santa Rosa, Sonoma County, California

$15,000 Fine Imposed for
Taking Abalone For Commercial Purposes

An investigation by the Department of Fish and Game during the months of September 2001 and August and October, 2002, established that Kent True Nguyen was taking abalone from the Sonoma coast for commercial purposes. Abalone taken by those required to have a sport fishing license cannot be sold. The investigation was initiated after Fish and Game officers received complaints that divers were making repeated trips to the Fort Ross area to harvest abalone.

Nguyen and another were observed in the waters off Fort Ross in the early morning hours. They were followed to locations in the bay area where they were observed to weigh and package the abalone and make transfers of abalone at locations in Vallejo, San Pablo, San Jose and Oakland.

Nguyen also failed to turn in his Fish and Game “punch cards” for 2001 and 2002. When the punch cards were later inspected, several alterations were made on the dates that officers observed Nguyen to take abalone. It was estimated that Nguyen harvested no fewer than 84 abalone per season. The average diver harvests about eight per season. The seasonal limit at the time was 24. Under the Fish and Game Code, any taking of abalone over the seasonal limit is presumed to be for commercial purposes.

On December 4, 2003, Mr. Nguyen pled “no contest” to the charged misdemeanor Fish and Game Code section 5521.5, Taking Abalone for Commercial Purposes. Two misdemeanor offenses of Alteration of a Punch Card and Taking Abalone Over the Seasonal Limit were dismissed. Superior Court Judge Gary Nadler placed Mr. Nguyen on five years court probation, sentenced him to ten days in county jail, fined him $15,000 and ordered that he have no fishing privileges during the period of probation.