Sapa
THE GOVERNMENT has welcomed a New York court’s decision that South Africa be paid $22.5 million (R225m) by three men convicted of importing illegally harvested rock lobster into the US.
“This is the largest restitution amount ever awarded under the Lacey Act,” the agriculture, forestry and fisheries ministry said yesterday.
The Lacey Act is a US law that makes it a crime to import fish, wildlife or plants that have been taken in violation of another country’s laws.
“On Friday [June 14], the US Court ordered that Arnold Bengis, Jeffrey Noll and David Bengis pay restitution of nearly $22.5m to South Africa following extensive, unlawful harvesting of south and west coast rock lobster in South African waters,” the ministry said.
Between 1987 and 2001, then managing director of Hout Bay Fishing Industries Arnold Bengis, his son, David, and Noll, who was the chairman and president of Icebrand Seafoods and Associated Sea Fisheries in Manhattan, engaged in a scheme to harvest large quantities of rock lobster illegally and export them to the US.
All three were South African citizens, but also held US citizenship, reports show.
In South Africa, the ministry said, the trio under-reported catches, bribed fisheries inspectors and submitted false information to the department.
“They also exploited South African workers to work for low wages in their American processing factory,” it said.
In May 2001 Marine and Coastal Management (MCM), now the fisheries management branch of the Department of Agriculture, Forestry and Fisheries, advised its US counterpart that Hout Bay Fishing had shipped a container of illegally harvested fish to New York.
“This was intercepted by the American authorities, who then commenced their own investigation with extensive co-operation from MCM officials and the Scorpions.”
After being charged in the US, the three were sentenced to various terms of imprisonment and were fined $13.3m.
This followed an investigation by the Scorpions, and the prosecution of Hout Bay Fishing in South Africa in April 2002.
Hout Bay Fishing paid a fine of R12m, and two of its fishing vessels were forfeited.
Acting director-general of the fisheries management branch Desmond Stevens said he hoped the money would be paid into the Marine Living Resources Fund, “where it can be used to fight syndicates that are plundering our natural resources”.