Department of Commerce NOAA Fisheries
Office for Law Enforcement

FOR IMMEDIATE RELEASE
January 27, 2004

CHARTER BOAT CAPTAIN SENTENCED FOR ASSAULT ON STATE CONSERVATION OFFICERS

Sandy Smith of Orange Beach (AL) was sentenced to one year probation and a $250 fine, having pleaded guilty to felony assault on January 23rd. Under the plea agreement, the Alabama charter boat captain pled guilty to the assault charge, and the other charges of disposing of evidence and making several false statements to federal agents were dropped. The sentencing took place in Mobile district court.

The incident started in the Gulf of Mexico on April 17, 2003, when two Florida Fish and Wildlife Commission (FWCC) officers attempted to board the FV Misty to check for compliance of the federal recreational red snapper closure. Upon approaching Smith's vessel the two officers observed red snapper being thrown overboard. When the officers attempted to board the Misty, Smith steered towards the FWCC patrol boat causing the officers to take evasive action to avoid a collision.

Smith was interviewed by NOAA Fisheries Office for Law Enforcement (OLE) special agents following the incident. During the interview, Smith made false statements about the near collision and the fisheries violation.

This particular case's significance is attributed to the fact that it involved an assault against FWCC officials as well as the illegal red snapper fishing.

"Boarding vessels at sea is dangerous enough that our state partners should not be subject to additional hazards because an individual chooses to escalate a fishing violation," said Special Agent Allan Coker, NOAA Fisheries OLE - Southeast Division. Hopefully this will send a clear message to all fishermen that this kind of attitude will not be tolerated."

The incident will not affect this years federal recreational red snapper fishing season, which will be opening again April 2004.

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