Sunday, September 27, 2009

The Shellfish Plot Thickens

I have a couple of cases to tend to today. First, however, I must share something with those those who have been following my encounters with a specific shellfish harvesting company whose name I can not mention here because there may be a suit filed against them.
I am not one of those folks considering suing, just one of many people who could be called as witnesses should the case go to trial.

Here's the deal.

There are these guys, this company, let's call them the RipOff Shellfish company.
Only they use a name that doesn't sound like a ripoff.
I live on a peninsula with houses spotted around the bay. The whole area used to be an oyster farm; we are abundant with shellfish.... hundreds, thousands of oysters, clams, crabs, everything.

The Indians are legally allowed to harvest shellfish and catch the salmon in the bay with their nets during salmon season. Non-Natives, AKA white and other colors of folks, use fishing rods for salmon; have weight and quantity limits; and must follow rules when harvesting shellfish. All activity is closely monitored by a number of government agencies.

I have no issues with the Indians, the Native Americans. I am not crazy about their salmon nets, but they were here first.
They too are stewards of the land that started off as theirs anyway.

I have given the RipOff Oyster company no permits to harvest our oysters or clams, nor have my neighbors to the left. So one day, I was walking when the RipOff company was gone, checked the tags on their oyster bags. That's where I got the real name of the company.

Did a little internet research, then a lot, then found out this company had criminal charges and was found guilty years ago of defrauding lots of people on the Hood Canal and ravaging oyster beds on one whole side of canal.

According to the court documents I read, homeowners signed contracts to let the RipOff Shellfish Company harvest the oysters, pay them, then agree to seed the beds for three years. By the time the three years are up, there are no re-seeded oysters, the people don't get paid and the oysters are gone.

So I called the Fish and Game Folks, the Shellfish Hotline, the Police, everyone involved and asked if they know these guys with a felony record, the RipOff Shellfish Company are back in biz here in our little bay.

Yes, the authorities tell me, they all know. They had a Officer call me back for a longer conversation. He said, sad but true... the RipOff Shellfish Company dudes have served their time and no... no one can stop them until they rip people off again.

We have to wait for them to commit a crime because everything they are doing is legal.
The Officer I spoke to, thanked me for caring and keeping my eyes on things. He said, I am not alone. Other neighbors like me, are helping law enforcement by keeping an eye on these people. He said Fish and Game and the Public Health Department are on them too.
Yet, they can do nothing but check the harvesting process, make sure they are doing it legally, then when they do not pay a customer or seed those beds, they got 'em. Provided the statute of limitations doesn't expire again. I told the Officer I spoke with that I just wish we could stop them now.

So I printed up these fliers that included their criminal charges and a newspaper expose about the RipOff Shellfish company... and handed them out to all my neighbors who like me, are a little "different" than the rest of the civilized world.

Our houses are hidden, strangers are suspect, and after dark,it is wise to be very careful in these parts.
Most of the people I gave the fliers to did not know me. I introduced myself, explained I am a neighbor and a P.I. and they might want this research on the Ripoff Shellfish Company because it is evidence of their prior crimes and I do not think they should give these guys their oysters. I suggested they at least work with a legitimate company.

All neighbors appeared grateful for the info. All except one very wealthy man who said to me, , "I don't care if they rip me off. The oysters bring the geese, I hate the geese crapping on my yard and I don't need the money anyway."

That comment momentarily stunned me on a number of levels. But I got over it. It is his right to handle his land and tidal flats as he so chooses. I warned him, his decision.

So... a couple days, or was it a week ago, I walked the beach, this time not alone, but with with my husband and dogs and found a couple of illegally harvested bags of clams stuck in the mud, abandoned. I am told now there were hundreds clams in those bags.

The clam bags were different colors than the RipOff Shellfish Company's bags, they were not tagged, they were clearly illegally harvested. With my man.. a soldier... and my two dogs by my side, I stepped into the water and mudflats and squatted and sawed the illegal bags open with an oyster shell half and freed the clams.

I had done that once before alone, with two bags of rogue oysters, also unmarked, also hidden, that were on our land, our tidal flats. My husband thought maybe the bags washed off a boat or more likely, were illegally harvested and buried for a later pick-up.

This clam liberation episode happened recently. I deliberately left the cut open bags dangling from a bush. I wanted to let whoever did this know someone was onto them and freed their captives. I never would, never have, messed with a legal bag that had a tag on it.

Then two days ago, a knock at my door. Daytime. Unusual.
I answer it.
It is a neighbor who I never met in person. I gave the flier to someone to give him because he wasn't home when I stopped by. He started the conversation like this.

"Did you cut open two bags of clam on the beach or know someone who did recently?"

I tend not to lie unless I am undercover, so I said,
"Yes, I cut open the bag of clams because some dirtbag illegally harvested them."

Except, I must confess, I said douchebag, not dirtbag.

I figured the neighbor would be pissed at me.
Instead he reached out and hugged me.

He said, "Thank you, those were my clams. And once I saw your fliers and researched the company I realized they were going to rip us all off. I and my neighbors stopped the harvest on our land and the suckers came back and tried to take those clams anyway. So when I saw someone cut open those bags, which were clearly illegally harvested... and I saw these three big holes in the low tides filled with bubbling and spitting clams I had to know who saved them."

"That would be me" I said.

At this point my husband was standing by my side. He met this neighbor before and they both liked each other.

My husband explained how we went down there, how strange it was to find the living creatures packaged in such a way and just left there. My husband said he tried to convince me to wait, while he returned to the house to get his knife. I wouldn't wait. I showed the neighbor the cuts on my hand because I did not use a knife when I sawed opened the clam bags, with just an old oyster shell half and no gloves.

The neighbor asked me if I would prepare an affidavit, statement , testify, whatever,because he is thinking about suing the RipOff Shellfish Company. They never paid him or the neighbors. And never seeded the beds. I said sure.

The neighbor said before he could stop the guys they had harvested almost all his oysters and was livid. They defied him because they said he signed a contract.

I said, "Well, they're working down to the left now and that neighbor doesn't care."

I also mentioned the oyster beds across the bay from us. They are so thick with thousands of oysters. I told the neighbor we were talking to I hope they don't get to that bed across the bay because I couldn't get my flier to those neighbors. My neighbor said he would try to.

Too late. Sure enough, that's where the RipOff Shellfish Company was yesterday and this am. I counted 10 harvesters and already about 30 bags of oysters this morning. Nothing I can do. I can not walk across the water and tell those people they have hired crooks to harvest the oysters they hope will pay for their property taxes or kids education or pay the power bill.

I just have to walk my side of the beach across the bay with the dogs as I always do and be grateful a sea of mud at low tide and a sea of water at high tide separates us from the RipOff harvesters.

They watched me this morning, the crew across the bay. My husband left at 4:00 am to fish, he is out at sea somewhere. It was creepy this morning. Isolated. I have one huge dog on a leash and a little one.

This morning's low tide was a negative one, which was the perfect time for harvesting. As they harvested, I heard the hum of their voices. Then the hum stopped as they saw me emerge from the wetlands and onto the beach, walking, my hood on my head as usual, hair tucked in, big dog next to me.

I knew they were across the bay, no way they could get to me. So all one guy did, the big one in the yellow slicker, was give me the finger.

I pondered giving it back but decided that was not the right path.
Instead, I just stared back, let my dogs do their thing, then headed back through the wetlands and our private wooden boardwalk that leads to the sanctity and privacy of my little beach house.

When stalkers stalk someone, police want to help, to stop them, but can't do squat until a crime is committed. This would be the same case.
The neighbors across the bay with thousands of dollars of oysters being harvested will not get paid. Their beds will not be re-seeded and then when they finally figure it out, it will be too late. The statute of limitations will expire, or the company will go bankrupt or any number of escape avenues crooks take will be used. Unless... and it's a big unless... the neighbor who came to my door actually does sue them during this season's harvest.

I am posting this for myself mainly. It is therapeutic to write and release my anger.

I wish I could give you the RipOff Shellfish Company's name. I wish I could be like one of those people in Greenpeace who confront the whalers. I wish I could be an activist or just out of my mind a little bit more to really do something. However... I am a state licensed Private Investigator. I believe in and respect the law. I must be responsible. And this is the only avenue I have right now to do anything.

My words are my swords. As the oyster shell was my blade.

And oddly enough, writing this post was liberating to me.
I just wish... I could help those shellfish and those people across the water who are already in the RipOff Oyster company's net.

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