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

FOR IMMEDIATE RELEASE
September 22, 2005

NOAA ISSUES $75,000 NOVA TO A CAPE COD-BASED SEAFOOD COMPANY FOR ILLEGAL PURCHASES

On Aug. 29, 2005 National Oceanic and Atmospheric Administration (NOAA) issued a $75,000 Notice of Violation and Assessment (NOVA) and a 90-day suspension of dealer permit to Harvester Seafood and Shellfish Inc. and Daniel Carvalho for purchasing Atlantic sea scallops from a fishing vessel without a dealer permit; false statement and false oral statements to an authorized officer.

On Feb. 10, 2005, the Cape Cod-based seafood dealer was audited by NOAA Fisheries Service special agents. The OLE seized all business records from the dealership which disclosed additional illegal landings of Atlantic sea scallops from the fishing vessel Fitz-Sea. In doing so the officers discovered numerous illegal purchases of sea scallops.

The investigation revealed that the vessel operator conspired to conceal four trips in which the vessel landed overages of sea scallops totaling over 4,800 pounds of scallops. The dealer at Harvester Seafood and Shellfish Inc. gave multiple false statements in attempts to conceal the overages and hinder the Federal investigation.

“The vessel was allowed to land 400 pounds of scallop meat per trip,” said Special Agent Chris McCarron of NOAA Fisheries Services Office for Law Enforcement – Northeast Division. “This is significant because the FV Fitz-Sea was landing three to four times the legal limit for scallops. Violations such as these hinder NOAA’s ability to accurately manage this valuable resource.”

The dealership has 30 days from the time of receipt of the NOVA & the Notice of Permit Sanction (NOPS) to request a hearing before a Federal Administrative Law Judge.

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

NOAA Fisheries is dedicated to providing and preserving the nation’s living marine resources and their habitat through scientific research, management, and enforcement. NOAA Fisheries provides effective stewardship of these resources for the benefit of the nation, supporting coastal communities that depend upon them, and helping to provide safe and healthy seafood to consumers and recreational opportunities for the American public.

The Commerce Department’s National Oceanic and Atmospheric Administration (NOAA) 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 our nation’s coastal and marine resources.