Virginia K-O’s Maryland Outlaw Waterman for Pirate Poaching

ACCOMACK, VA. — Edward B Lowery Jr., of Tilghman, Maryland, a commercial licensee, was convicted in Accomack County General District Court on August 31, 2015, on seven charges; four counts of failure to report mandatory harvest reports and three counts of forging a public document.

As a result, the Virginia Marine Resources Commission revoked all Lowery’s licenses to take or catch fish, shellfish, or marine organism for a period of two years from the date of the Commission meeting, January 26, 2016, through January 25, 2018.

The Commission also voted to prohibit the issuance, reissuance, and renewal of any of Lowery’s licenses during this revocation period. Finally, the Commission voted to revoke Lowery’s fishing privileges, within the Commonwealth’s tidal waters, for a period of two years from the date of the Commission meeting, January 26, 2016 through January 25, 2018.

Lowery conviction overturned by Court of Appeals

CAMBRIDGE, MD — According to Dorchester County States Attorney Bill Jones, on March 29, 2012, Edward Bruce Lowery Jr. was convicted in the Circuit Court of Dorchester County of harvesting clams in a Submerged Aquatic Vegetation Zone.  The decision was later overturned by Maryland’s highest court.

On June 17, 2011, the Defendant was observed by a concerned citizen in the protected area. A Natural Resource Police Officer responded to the location and observed Edward Bruce Lowery Jr. dredging within the Submerged Aquatic Vegetation Protection Zone.

After a two-day trial in the Circuit Court for Dorchester County, the defendant was convicted and faces a lifetime fishing ban. The Office of the State’s Attorney for Dorchester County presented the court with his prior record noting his long history of violations going back over a decade, which includes over fifty violations of the Natural Resource Code. State’s Attorney Bill Jones would like to thank the Department of Natural Resources and the Attorney General’s Office for their assistance in investigation and prosecution of this case.

Lowery appealed the decision of the Dorchester Circuit Court to the Maryland Court of Appeals on May 30, 2012.

On Feb. 28, 2013, the ruling of the Dorchester Circuit Court was reversed and Dorchester County was ordered to pay court costs, as the losing party.  Jones had issued a press upon the conviction of Lowery in Circuit Court and posted the notice on his website. There was no press release issued or posted upon the decision by Maryland’s highest court to overturn the ruling. The following is the text of the Court of Appeals decision:

Edward Bruce Lowery, Jr. v. State of Maryland, Case No. 26, Opinion by Greene, J.

STATUTORY INTERPRETATION – NATURAL RESOURCE LAW

Section 4-1006.1(e)(3) of the Natural Resources Article of the Maryland Code imposes an obligation upon the Maryland Department of Natural Resources to publish either maps or written descriptions with specific details of submerged aquatic vegetation protection zones.

The statute additionally requires the Department of Natural Resources to publish new, amended, improved, up-to-date, or corrected versions of the same. When prosecuting a waterman for allegedly using a hydraulic clam dredge in a submerged aquatic vegetation protection zone in violation of Section 4-1006.1 of the Natural Resources Article, the State must establish as an element of its case that the Department of Natural Resources effectively complied with its publication duties.

Lowery, of 5660 Black Walnut Point Road, Tilghman, Md., was cited for operating a power dredge after hours on Jan. 27, 2010 by NRP Officer B. Ball. In District Court for Talbot County on March 18, 2010, he was found guilty and fined $50.00. On a charge of operating in a hand tong area on the same date, he was fined another $50.00. A third charge that day of possessing oysters two hours after sunset was merged with the other two charges.

Lowery was charged with DUI on July 29, 2010, by Talbot County Sheriff’s Deputy Chase. In Talbot County District Court on Sept. 27, 2010, he was found not guilty.

Lowery was charged with possessing unculled and undersized oysters, as well as illegal nighttime possession of oysters on Oct. 7, 2009 by NRP Officer Biermann. In Dorchester County District Court, he was found guilty and fined $132.50 on June 2, 2010.

Lowery was charged with clamming within one hundred and fifty feet of an oyster bar on Sept. 24, 2008. On Nov. 13, 2008, in Talbot County District Court, Lowery entered into a plea deal with Talbot County States Attorney Scott Patterson and was fined $77.50.

TELL THE PROSECUTORS WHAT YOU THINK
ABOUT PIRATE POACHERS OF THE CHESAPEAKE

The following is contact information for email addresses for States Attorneys of the counties that surround the Chesapeake Bay and are often presented with citations and violations to prosecute for Maryland’s Outlaw watermen. They are all elected officials and have complete and total control as to whether or not to prosecute Pirate Poachers of the Chesapeake or to dump the charges.  Be sure to contact any of these officials with your views on the matter.

SCOTT D. SHELLENBERGER, Baltimore County State’s Attorney (Democrat)

Email: statesattorney@baltimorecountymd.gov

State’s Attorney, Baltimore County, since January 2, 2007.

Prosecutor, Office of State’s Attorney, Baltimore County, 1982-93 (former chief, child abuse/sexual assault division).

EDWARD DORSEY ELLIS ROLLINS III, Cecil State’s Attorney (Republican)

e-mail: cflaugher@ccgov.org

State’s Attorney, Cecil County, since January 3, 2011.

MATTHEW A. MACIARELLO, Wicomico County State’s Attorney (Republican),
e-mail: mmaciarello@wicomicocounty.org

State’s Attorney, Wicomico County, since January 3, 2011. Deputy State’s Attorney, Wicomico County, November 8, 2010, to January 3, 2011.

Scott Patterson, Talbot County States Attorney (Democrat): State’s Attorney, Talbot County, 1983-86, and since 1989. Assistant State’s Attorney, Montgomery County, 1972-75. Special Assistant to Attorney General, 1975. Assistant State’s Attorney, Anne Arundel County.

LANCE G. RICHARDSON, Queen Anne’s County State’s Attorney (Republican)

e-mail: lrichardson@qac.org

State’s Attorney, Queen Anne’s County, since January 5, 2009. Assistant Public Defender, Queen Anne’s County, 1996-2003. Deputy State’s Attorney, Queen Anne’s County

HARRIS P. MURPHY, Kent County State’s Attorney (Republican)

e-mail: hmurphy@kentgov.org, State’s Attorney, Kent County, since January 5, 2015.

Daniel Powell, Somerset County States Attorney (Republican)

e-mail: dpowell@co.somerset.md.us

State’s Attorney, Somerset County, since January 3, 2011.  Former Assistant State’s Attorney, Baltimore County. Former Assistant State’s Attorney, Dorchester County. Former Assistant State’s Attorney, Somerset County. County Administrator, Somerset County, 2007-09.

JONATHAN G. NEWELL, Caroline County State’s Attorney (Republican)

e-mail: jnewell@carolinesao.org

State’s Attorney, Caroline County, since 2003.

Assistant Public Defender, Caroline County, 1999-2001. Deputy State’s Attorney, Kent County

BEAU H. OGLESBY, Worcester County State’s Attorney (Republican)

e-mail: boglesby@co.worcester.md.us

State’s Attorney, Worcester County, since January 3, 2011.

Assistant State’s Attorney, Wicomico County, 1997-2007. Deputy State’s Attorney, Caroline County, 2009-10.

WILLIAM H. JONES Dorchester County States Attorney, (Democrat)

e-mail: wjones@docogonet.com

State’s Attorney, Dorchester County, since June 19, 2009. Assistant State’s Attorney, 2002-04. Senior Assistant State’s Attorney, 2004-07. Interim State’s Attorney, April 11, 2007, to June 19, 2009.

WES ADAMS, Anne Arundel County State’s Attorney (Republican)

e-mail: aacsao@aacounty.org

State’s Attorney, Anne Arundel County, since January 5, 2015.  Assistant State’s Attorney, Prince George’s County, 1998-2000. Assistant State’s Attorney, Baltimore City, 2000-08. Chief, Homicide Division, State’s Attorney’s Office, Prince George’s County, 2008-15 (assistant chief, 2008). Special Assistant U.S. Attorney, 2006-07.

ANTHONY B. (TONY) COVINGTON, State’s Attorney (Democrat)

e-mail: covingtt@charlescounty.org

State’s Attorney, Charles County, since January 3, 2011. Deputy State’s Attorney, Charles County, 2008-.  Assistant State’s Attorney, Prince George’s County, 1991-93. Assistant State’s Attorney, Charles County, 1993-97.

LAURA L. MARTIN, Calvert County State’s Attorney (Republican)

e-mail: martinll@co.cal.md.us

State’s Attorney, Calvert County, since January 2007.  Assistant State’s Attorney, Prince George’s County, 1989-98 (assistant chief, homicide division, 1994-98). Deputy State’s Attorney, Calvert County, September 1998 to December 2005.

RICHARD D. FRITZ, St. Mary’s County State’s Attorney (Republican)

e-mail: richard.fritz@co.saint-marys.md.us

State’s Attorney, St. Mary’s County, since December 1998. Former Assistant State’s Attorney and Deputy State’s Attorney, St. Mary’s County.

JOSEPH I. CASSILLY, Harford County State’s Attorney (Republican)

e-mail: statty@harfordcountymd.gov

State’s Attorney, Harford County, since January 1983. Assistant State’s Attorney, Harford County, 1977-82