NOAA Fisheries
Southwest Regional Office

FOR IMMEDIATE RELEASE
October 9, 2002

Three Moss Landing Fishermen Charged With Violations Of Federal Fishing Limits

NOAA Fisheries special agents and officers from the California Department of Fish & Game have charged three Moss Landing, Calif. commercial fishermen with conspiring to cover up the landing of illegally caught fish. The three were assessed civil penalties totaling $24,899 under the Magnuson-Stevens Fishery Conservation and Management Act.

Thao Van Phan of Moss Landing, CA (owner / operator of the FV Johanne) was assessed a $9,899 Notice of Violation and Assessment (NOVA) for four counts of violating the Magnuson-Stevens Act. Bao Tran Quoc Dang of Moss Landing, CA (owner/operator of the FV Phi Anh) and Dung Van Nguyen of Los Angeles, CA (operator of the FV Nancy II) were each assessed $7,500 NOVAs for three counts each. The civil penalties, called a Notice of Violation and Assessment, can be appealed by the fishermen.

Sablefish, also known as black cod, are one of the west coast's most valuable fishery resources. However, due to its low numbers, fishermen are not allowed to direct their fishing on that species. To allow fishermen to target other, more abundant species, fishery managers allow fishermen a 300 pound daily limit of black cod when fishing for other species.

The NOAA Fisheries investigation revealed the fishermen had cooperated in a conspiracy to cover up the landing of the illegally caught Sablefish (also known as black cod) by claiming the crew aboard the FV Phi Anh and FV Nancy II had caught the fish landed by the FV Johanne. All three fishermen also completed false California Department of Fish and Game Landing Receipts regarding the fish landing, and when questioned about the landing, all three exacerbated the falsehoods by telling CDF&G officers who had caught the fish.

"A vital element in the management of virtually every fishery is the submission of an accurate report of catch by those that participate," said Special Agent in Charge Mike Gonzales," NOAA Fisheries Office for Law Enforcement - Southwest Division. "For a group of fishermen to deliberately falsify catch reports is a very serious and harmful violation."

NOAA's National Marine Fisheries Service (NOAA Fisheries) is dedicated to protecting and preserving our nation's living marine resources through scientific research, management, enforcement, and the conservation of marine mammals and other protected marine species and their habitat. To learn more about NOAA fisheries, please visit http://www.nmfs.noaa.gov.