Department of Commerce
National Oceanic and Atmospheric Administration
NOAA Fisheries Service
- Office for Law Enforcement

FOR IMMEDIATE RELEASE
August 31, 2006

NOAA ENTERS INTO SETTLEMENT AGREEMENT WITH FISHERMEN CHARGED WITH ILLEGAL SCALLOPING OFF NEW JERSEY COAST

The National Oceanic and Atmospheric Administration entered into a settlement agreement on July 27 with the owners/operators of the fishing vessels Capt. Charlie , Two Brothers, and Irene B III, who were assessed civil penalties and sanctions for violations while scalloping off the coast of Cape May, N.J., in October and November of 2004.

In the agreement, the owners/operators, Irene E. Burke, Charles F. Burke, Jr., and Charles F. Burke, III, admitted to violating the Magnuson-Stevens Fisheries Conservation and Management Act by exceeding scallop landing limits, submitting false reports to the NOAA, and failing to report landings both as vessel owners and as a fish dealership named Capt. Charlie's Clam Co.

“These penalties were the result of a well-coordinated investigation conducted by NOAA Fisheries Service's Office for Law Enforcement and New Jersey Division of Fish and Wildlife Officers,” said Special Agent-in-Charge Andy Cohen, NOAA Fisheries Enforcement – Northeast Division. “If fishermen violate fisheries rules, they will be caught, forced to pay, and removed from the fisheries. It is one of the ways that NOAA Fisheries Service protects our nation's vital resources.”

The joint investigation involved surveillance of the Burkes' activities and analysis both of false reports they submitted to NOAA and of local bridge logs showing when the vessels sailed and landed. Irene Burke and Charles F. Burke, Jr. also admitted to interfering with the investigation by refusing to provide fishing logbook information to an authorized officer upon request. In association with the investigation, another vessel operator, Richard Daniel Morel, agreed to pay $1,200 and to be removed from all fishing for two consecutive years.

The terms of the agreement requires the owners/operators to pay NOAA a civil penalty of $75,000 and relinquish any right to the proceeds from the sale of scallops (approximately $9,988) that were seized as a result of the investigation. The agreement also includes a five-year vessel sanction on the FV Irene B III that forces the Burkes' vessel to be sold within 12 months of the agreement's effective date and precludes the Burkes from owning more than two commercial fishing vessels during the sanction period.

The Burkes also agreed to relinquish their dealer permit for their business, Capt. Charlie's Clam Co. for a 10-year period. The Burkes used the dealer permit in an attempt to cover up their illegal landings by submitting dealer reports ostensibly showing legal scallop landings for their vessels. In addition, the FVs Capt. Charlie and Two Brothers must be tied to the dock and are unable to fish for a combined time of two years during alternating months. Charles F. Burke, III and Charles F. Burke, Jr. also are forced to spend a combined two years (one year each) out of all fisheries over a two year period.

The 2005 surveillance investigation revealed numerous violations, which led to the civil charges against the owners/operators. The violations included exceeding Atlantic Sea Scallops general category landing limits, submitting false information on multiple fishing trip reports, filing false dealer reports, failing to provide required records, receiving illegally retained scallops by the dealer, making false oral statements and interfering with a federal investigation. The Burkes admitted to all violations except for making false statements, which they agreed not to contest.

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

In 2007 NOAA, an agency of the U.S. Commerce Department, celebrates 200 years of science and service to the nation. Starting with the establishment of the U.S. Coast and Geodetic Survey in 1807 by Thomas Jefferson much of America 's scientific heritage is rooted in NOAA.  The agency is dedicated to enhancing economic security and national safety through the prediction and research of weather and climate-related events and information service delivery for transportation, and by providing environmental stewardship of our nation's coastal and marine resources. Through the emerging Global Earth Observation System of Systems (GEOSS), NOAA is working with its federal partners, more than 60 countries and the European Commission to develop a global monitoring network that is as integrated as the planet it observes, predicts and protects.

On the Web:
NOAA Fisheries Service Office for Law Enforcement: www.nmfs.noaa.gov/ole

NOAA Fisheries Service: www.nmfs.noaa.gov
NOAA: www.noaa.gov