Contact: Chris Smith               FOR IMMEDIATE RELEASE
         Karen Raine               8/18/97

Six violators of the Atlantic Tunas Convention Act in the southeastern United States have been assessed $380,000 in civil penalties and had their permits suspended following a 10-month investigation by the Commerce Department's National Marine Fisheries Service, the agency announced today.

"These penalties and permit sanctions send a strong message to fishermen and fish dealers that illegal activity will not be tolerated," said Senior Enforcement Attorney Karen Antrim Raine of the National Oceanic and Atmospheric Administration's Office of General Counsel, who is prosecuting the cases.

"I'm very pleased with the results of the investigation," said Rolland Schmitten, fisheries service director. "The efforts of our dedicated agents in pursuing illegal activities of this magnitude help ensure that honest people who depend on the sea for their livelihood can continue doing so for generations to come."

The case investigation was led by Special Agent-in-Charge Suzanne Horn of the National Marine Fisheries Service's Southeast Enforcement Division.

Those charged in Notices of Violation and Assessment (NOVAs) and in Notices of Permit Sanction (NOPSs), along with their violations and assessed penalties, include:

$140,000 each against the owner of the fishing vessel GANNET, John H. Lewis, Jr., of Reedville, Va., and the vessel's captain, James Gallagher of Sebastian, Fla., for violations involving Bluefin tuna off-loaded in Port

Canaveral, Fla., during June 1996, and in Wanchese, N.C., in July 1996. The violations included landing bluefin tuna in excess of incidental catch limits, filleting tuna, selling those tuna, failing to submit records, obstructing an investigation, and fishing without a permit. In addition, Lewis' fishing permit was suspended for 45 days.

$80,000 against the dealer involved in the Port Canaveral violations, Fleet Marine, Inc., of Port Canaveral, along with owners Dwight David Bates and Lisa Ann Bates of Merritt Island, Fla., for selling, offering for sale, or having in custody, possession, or control bluefin tuna they knew or should have known were illegally landed, and receiving or transferring tuna without a valid dealer permit. Fleet Marine and Dwight David Bates were also charged an additional $10,000 for making false statements and obstructing an investigation. Additionally, federal dealer permits issued to Dwight David Bates and Fleet Marine Inc., were suspended for 30 days.

$10,000 against Ralboray, Inc., of New Orleans, La., involved in the Wanchese violations, for purchasing tuna it knew or should have known was illegally landed.

All the respondents in this case have 30 days from the date that they are served with their NOVAs to either pay the penalty, seek to have the assessment modified, or request a hearing before an administrative law judge to deny or contest all or any part of the violations charged and the civil penalties assessed. Similarly, those whose permits have been sanctioned through a NOPS may request a hearing before an administrative law judge.

Western Atlantic bluefin tuna, a popular recreational and commercial species, is considered to be over-exploited and is managed under strict quotas and size restrictions. Over 25,000 permit holders participate in the fishery, conducted primarily on the Atlantic seaboard from North Carolina to Maine. Commercial ex-vessel sales are around $25 million, with expenditures in the recreational fishery at comparable levels.