NOAA Fisheries
Office for Law Enforcement

FOR IMMEDIATE RELEASE
June 16, 2005

PERMIT SANCTIONS AND CIVIL PENALTIES OVER $935,000 LEVIED AGAINST CAPE MAY SCALLOP FISHERMAN

The National Oceanic and Atmospheric Administration (NOAA) issued Notices of Violation and Assessment (NOVAs) to Charles F. Burke Jr., owner of the seafood dealership Capt’n Charlie’s Clams and the fishing vessels Irene B. III, Capt. Charlie, and Two Brothers, assessing civil penalties totaling $935,000.

NOAA Fisheries Service Office for Law Enforcement (OLE) and New Jersey Division of Fish and Wildlife (NJDFW) recently concluded a six-month investigation into the illegal fishing practices of Charles F. Burke Jr. The investigation revealed numerous violations including: exceeding Atlantic Sea Scallops general category landing limits and submitting false reports on multiple fishing trip reports, filing false dealer reports, failure of the dealer to provide required records, receiving illegally retained scallops by the dealer, making false oral statements, and interfering with a Federal investigation.

Total penalties incurred from the numerous violations are as follow:

• Seafood dealership Capt’n Charlie’s Clams, owned and operated by Charles F. Burke Jr., was assessed a $325,000 NOVA and a two-year Notice of Permit Sanction (NOPS) for the dealership
  
• FV Irene B. III, operated by Richard Geronimo and owned by Charles Burke Jr. and wife, Irene E. Burke, was assessed a $340,000 NOVA, a 36-month NOPS for the vessel, a 16-month NOPS for the owner, and a permanent NOPS for the operator of the vessel
  
• FV Capt. Charlie, owned by Charles Burke Jr. and operated by Richard Morel, was assessed a $120,000 NOVA, a six-month NOPS for the vessel and an eight-month NOPS for the operator of the vessel
  
• FV Two Brothers, owned by Charles Burke Jr. and operated by Charles Burke III, was assessed a $150,000 NOVA, a one-year NOPS for the vessel and a 300-day NOPS for the operator for the vessel
  
• Irene Burke was also charged as a result of this investigation with interference with a Federal investigation

The Notices of Permit Sanctions against the vessels and operators would prohibit any of the previously mentioned parties from fishing in federal fisheries. The permit sanction against the dealership would prohibit them from purchasing, receiving or selling federally-regulated fish species for federally-regulated fisheries. A hearing in front of an Administrative Law Judge is pending.

"The charges stem from three vessels landing overages of scallops and attempting to cover up the illegal landings by submitting false reports," said Special Agent Michael Henry, NOAA Fisheries Service Office for Law Enforcement – Northeast Division.

Fishing Vessel Trip Reports and Dealer Reports are reports required to be submitted to NOAA’s Fisheries Service under authority of the Magnuson-Stevens Fisheries Conservation and Management Act.

"These Fishing Vessel Trip Records and Dealer Reports are required to be submitted in order to effectively manage the scallop resource," said Henry. When these reports are falsified it adversely affects the integrity of the monitoring system."

Penalties under the Magnuson-Stevens Fisheries Conservation and Management Act can range up to $120,000 per offense and include permit sanctions or revocations.

To report illegal fishing activities contact the NOAA Fisheries Service’s Enforcement Hot Line at 800-853-1964.

NOAA Fisheries’ primary mission is to protect and conserve our nation’s living marine resources - this includes most species of marine mammals (whales, dolphins, porpoises, seals and sea lions). Additional information about NOAA Fisheries Service’s marine mammal viewing guidelines and regulations can be found at: www.nmfs.noaa.gov/pr/education/viewing.htm

NOAA, an agency of the U.S. Department of Commerce, is dedicated to enhancing economic security and national safety through the prediction and research of weather and climate-related events and providing environmental stewardship of the nation's coastal and marine resources.