January 29, 2022

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Co-Owner of Puerto Rican Online Aquarium Business Pleads Guilty to Two Lacey Act Felonies and Export Smuggling for Illicit Trafficking of Protected Reef Creatures

12 min read
<div>A resident of San Sebastian, Puerto Rico, pleaded guilty today to export smuggling and two felony violations of the Lacey Act for collecting, purchasing, falsely labeling, and shipping protected marine invertebrate species as part of an effort to subvert Puerto Rican law designed to protect corals and other reef species, the Department of Justice announced.</div>

A resident of San Sebastian, Puerto Rico, pleaded guilty today to export smuggling and two felony violations of the Lacey Act for collecting, purchasing, falsely labeling, and shipping protected marine invertebrate species as part of an effort to subvert Puerto Rican law designed to protect corals and other reef species, the Department of Justice announced.

During 2014 through 2016, Luis Joel Vargas Martell (Vargas) was the co-owner of a home-based saltwater aquarium business, Carebbean Reefers (spelling error intentional) that also operated online through the EBay store “Redragon1975”.  A large part of the business was devoted to the sale of native Puerto Rican marine species that are popular in the saltwater aquarium trade.

Vargas sent illegally collected live specimens to customers in the mainland United States and foreign countries by commercial courier services.  One of the most popular items that Vargas and his business sent off-island was an organism from the genus Ricordea.  These animals are known as “rics,” “polyps,” or “mushrooms” in the aquarium industry.  Members of the genus form part of the reef structure and spend their adult lives fastened in place to the reef.  These animals are colorful in natural light, but what makes them particularly interesting to aquarium owners is that they “glow” under the UV lights that are typically used in high-end saltwater aquariums.

It is illegal to harvest Ricordea, zoanthids, and anemones in Puerto Rico if the specimens are going to be sent off-island or otherwise sold commercially, nor is there a permit available to do so. Vargas personally collected much of the Ricordea and other reef creatures that he sold off-island.  On multiple occasions, he would accompany his business partner, Raymond Torres, and they would snorkel from the shoreline in search of Ricordea.  Because Ricordea are attached to the reef substrate, the pair would utilize a chisel to break off the animals, and in doing so, take chunks of the reef with them.

In order to cover up the nature of his shipments and to avoid detection from governmental inspection authorities, the scheme included falsely labelling many of the live shipments as inanimate objects.  From January 2014 to March 2016, Vargas sent or caused to be sent at least 40 shipments of marine species that were illegally harvested in the waters of Puerto Rico.  While there is some variation in the price of Ricordea depending on coloration, size, and other factors, the aggregate retail value of illegal Ricordea shipped by Vargas was worth at least $90,000.

Vargas will be sentence at a future date designated by the court.  Torres pleaded guilty to similar charges on June 9, 2020.  He is scheduled to be sentenced on Dec. 8, 2020.

This case was investigated as part of Operation Rock Bottom and Operation Borinquen Chisel by Special Agents of the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration with support from the USFWS Inspectors. The case is being prosecuted by Christopher L. Hale of the Justice Department’s Environmental Crimes Section along with Assistant U.S. Attorney Carmen Marquez of the U.S. Attorney’s Office for the District of Puerto Rico.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Ricordea polyps

Ricordea polyps illegally harvested by the defendant for use in the aquarium trade. Notice that the polyps are still attached to reef substrate.

Ricordea polyps

Ricordea polyps illegally harvested by the defendant. Photo shows other specimens in one of the business’ saltwater tanks.

Ricordea polyps

Ricordea polyps illegally harvested by the defendant for use in the aquarium trade. Notice that the polyps are still attached to reef substrate.

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