Department of Commerce
NOAA Fisheries Service
- Southeast Regional Office
FOR IMMEDIATE RELEASE
October 26, 1999
CONTACT: |
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Chris Smith, SERO PAO
813-570-5301
Robin Jung, OLE
727-570-5433 |
North Florida Commercial Dive Fisherman
Loses Permits for Life and
Fined $10,000 for
Violating Federal Fisheries Laws
Dan R. Lindley of Jacksonville Beach, FL, a repeat offender of
fisheries laws, has admitted to violating three counts of the Magnuson-Stevens
Fishery Conservation and Management Act and has agreed to pay a
$10,000 fine. The most recent penalty also includes his removal
from commercial fishing -- including loss of permits for shark,
snapper-grouper species and lobster fisheries -- for the rest of
his life. Lindley and the National Oceanic and Atmospheric Administration
(NOAA) Office of General Counsel reached the agreement earlier
this week.
"I'm most unhappy when irresponsible fishermen violate
the privilege of holding a federal permit by engaging in activities
that are illegal and harmful to the health and sustainability of
our precious marine resources," said NMFS Southeast Regional
Administrator William Hogarth. "Thanks to the cooperation
of our Coast Guard enforcement partners, the prompt and precise
analyses by our scientists in Charleston, and the decisive action
of NOAA General Counsel, Mr. Lindley will be out of the fishing
business forever."
Lindley, who owns and operates the commercial fishing vessel Diamond
Diver, was on a 5 year probationary period stemming from previous
federal violations. On August 12, 1999, U.S. Coast Guard enforcement
officers boarded his vessel and found evidence that Lindley was
still engaged in poaching activities and contacted NOAA investigators
for assistance. NOAA Special Agent Dick Smith advised the Coast
Guard to escort the Diamond Diver to a dock in Mayport, FL for
further investigation.
"Upon boarding the Diamond Diver, authorities found and
seized dozens of spiny lobster tails that held remnant evidence
of eggs. Lindley had attempted to disguise his poaching of these
egg-bearing lobsters by stripping the orange egg clusters off the
undersides of the tails, a practice that is illegal and frowned
upon by all responsible commercial lobster fishermen," said
Special-Agent-in-Charge of NOAA's Southeast Enforcement Office
Gene Proulx.
Several fish fillets were also seized for identification. The lobster
and fillets were transferred to the NOAA Laboratory in Charleston,
S.C. for forensic analysis where scientists determined that most
of
the seized lobster tails had been laden with eggs when Lindley
harvested them.
Robin Jung of NOAA's Office of General Counsel issued a
Notice of Violation and Assessment (NOVA) charging Lindley with
the possession of 75 spiny lobster tails that had evidence of egg
stripping, the possession of lobster smaller than the minimum size,
and maintaining fish that were not intact prior to offloading ashore.
"In a 1996 case that was recently settled, Lindley was charged
with 21 counts of violating federal fisheries laws which resulted
in his being assessed a $68,000 fine," said Jung. "The
settlement agreement that was reached in that case allowed Lindley
to pay a lump sum fine of $35,000 but he had to agree to a 90 day
permit sanction and a 5 year probationary period. In order to avoid
an additional $33,000 monetary liability associated with the new
charges, Lindley will never again be allowed to look to the sea
for his livelihood."
NOAA Fisheries urges citizens to report fishery violations during
business hours (M-F 8:00 a.m. - 4:30 p.m. EDT) to its Southeast
Region Law Enforcement Division at (727) 570-5344, or after hours
by calling its Enforcement Hotline at (800) 853-1964.
This and other Southeast Regional new releases and fishery bulletins
are available on the region's Internet home page: http://caldera.sero.nmfs.gov or
NOAA's Internet home page, http://www.noaa.gov/public-affairs/press98.html.
NOAA Fisheries is an agency of the Commerce Department's
National Oceanic and Atmospheric Administration. The agency conducts
scientific research and provides services and products to support
fisheries management, fisheries development, trade and industry
assistance, enforcement, and protected species and habitat conservation
programs.
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