CONCORD, N.H. - New Hampshire Fish and Game Department Conservation Officers have successfully completed an investigation in conjunction with Massachusetts Environmental Police Officers and the National Marine Fisheries Service Office of Law Enforcement that focused on numerous unlawful clamming activities of Charles R. Eaton III of Seabrook and Gregory Lee Egnew of Portsmouth. The shellfish violations ranged from digging shellfish without a license to digging shellfish during a red tide closure, clamming during the closed season, and possession of an overlimit of soft shell clams.

At an appearance in Hampton District Court on July 28, 2008, Charles Eaton III plead guilty and was convicted of Digging Clams Without a Valid License, Taking Clams During the Closed Season, Taking Clams from a Conditionally Restricted Area, Possessing an Overlimit of Clams, Insufficient Personal Flotation Devices, and Operating an Unregistered Boat. Eaton was fined a total of $489.60. Gregory Egnew was convicted of Digging Clams Without a Valid License, Taking Clams During the Closed Season, Taking Clams from a Conditionally Restricted Area, and Possessing an Overlimit of Clams; he was fined $312. Both men had their privilege to dig clams in New Hampshire suspended for one year.

The pair also faces similar charges in Massachusetts filed by the Massachusetts Environmental Police.

The National Marine Fisheries Service Office of Law Enforcement provided assistance and funding through a Joint Enforcement Agreement with the New Hampshire Fish and Game Department. The Department of Environmental Services, Shellfish Program also provided assistance and logistical support.

The men's actions were not only illegal, but posed a serious health risk for themselves and anyone else eating the clams they harvested. During the period of the arrest (June 21, 2008), the coastal waters of New Hampshire were experiencing a "red tide" outbreak. Red tide, the common name of Paralytic Shellfish Poisoning or PSP, comes from a "bloom" of naturally occurring marine algae that produce a potent neurotoxin. During an outbreak, the toxin accumulates in filter-feeding shellfish such as clam and mussels. Symptoms of Paralytic Shellfish Poisoning include tingling, burning, numbness, drowsiness, incoherent speech, and respiratory paralysis. Symptoms typically occur within two hours of consumption, and can last a few days in non-lethal cases. Severe cases can result in death by respiratory arrest within 24 hours of consumption, but with prompt medical attention, survivors typically make a full recovery.